Preview
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024
EXHIBIT 2
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
YOVANI FERNANDO RAMOS ROJAS, on behalf of
himself, FLSA Collective Plaintiffs and the Class,
Plaintiff, Index No. 616380/2023
– against –
LITTLE COLLINS MANAGEMENT LLC,
LITTLE COLLINS HOLDING LLC,
LITTLE COLLINS LLC,
LITTLE COLLINS LEXINGTON LLC
d/b/a LITTLE COLLINS,
LITTLE COLLINS GM LLC
d/b/a LITTLE COLLINS AT GM BUILDING,
LITTLE COLLINS THIRD AVE LLC
d/b/a LITTLE COLLINS,
LEON UNGLIK,
and NICHOLAS CURNOW,
Defendants.
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
LAWSUIT
PLEASE READ THIS NOTICE CAREFULLY TO LEARN ABOUT YOUR RIGHTS
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NASSAU
If you were employed at any of the four Little Collins locations in
New York City between June 23, 2017 and September 7, 2023, you
may be entitled to a payment from a class action lawsuit settlement.
A state court authorized this notice. This is not a solicitation from a lawyer.
• This notice pertains to any individual who was employed at Little Collins in New York
City between June 23, 2017 and September 7, 2023 (the “Class Period”).
• A former employee who worked for Defendants (“Plaintiff”) has sued Defendants alleging
that they violated the New York Labor Law (“NYLL”) by allegedly failing to pay proper
wages for all hours worked, including overtime. Plaintiff filed the lawsuit as a class action
under the state law of New York. Defendants vehemently deny these allegations and
1
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024
maintain that their employees were properly compensated at all times and maintain they
were otherwise in compliance with the NYLL.
• To avoid the burden, expense, inconvenience and uncertainty of continued litigation, the
parties have concluded that it is in their best interests to resolve and settle the action by
entering into a settlement agreement. Accordingly, Plaintiff and Defendants have reached
a settlement in this matter. Defendants have agreed to deposit up to $100,000 into a fund
that will be used to pay current and former employees who worked at Little Collins in New
York City who qualify for a settlement payment, as well as to pay attorneys’ fees, litigation
costs, service award, and the expenses of administering the settlement.
• Under the allocation formula, if the Court approves the settlement, you do not exclude
yourself and timely submit an Anti-Fraud Identity Affirmation form and a W-9 tax form,
you will be entitled to receive a payment, subject to and less applicable taxes and
withholdings, on a pro rata basis.
• Neither Class Counsel nor Defendants make any representations concerning tax
consequences of this settlement or participation in it, and you are advised to seek your own
personal tax advice prior to acting in response to this Notice.
• Your legal rights may be affected. You have a choice to make now:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT OF CLAIMS:
Remain part of the case and be entitled to receive a settlement payment,
subject to applicable taxes and withholdings. If this settlement is approved,
DO NOTHING
you will subsequently be mailed, and be required to timely return, an Anti-
NOW
Fraud Identity Affirmation form and W-9 tax form in order to receive your
settlement payment.
Get no payment. Under this option, you do not receive any payment from this
settlement, but you do not release Defendants from any claims.
EXCLUDE
YOURSELF
If you exclude yourself from the settlement, you will not be entitled to receive
any payment from the settlement fund.
OBJECT Submit an objection to the administrator detailing why you object to the
settlement. If you exclude yourself from the settlement, you may not object.
• These rights and options – and the deadlines to exercise them – are explained in this
notice.
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024
• The Court in charge of this case still has to decide whether to approve the settlement.
Payments will be made if the Court approves the settlement and after any appeals are
resolved. Please be patient.
BASIC INFORMATION
1. Why did I get this notice?
Defendants’ records indicate that you worked for Defendants between June 23, 2017 and
September 7, 2023 at Little Collins in New York City. The Court ordered that you be sent this
notice because you have a right to know about a proposed settlement of a class action lawsuit, and
about all of your options, before the Court decides whether to approve the settlement. If the Court
approves the settlement and after objections (and appeals, if any) are heard, payments will be
mailed to class members who do not exclude themselves, and who timely return valid Anti-Fraud
Identity Affirmation forms and a W-9 tax form.
This notice explains the lawsuit, the settlement, your legal rights, and what benefits are available.
The person who filed the lawsuit is called the “Plaintiff.” Little Collins Management LLC, Little
Collins Holding LLC, Little Collins LLC, Little Collins Lexington LLC d/b/a Little Collins, Little
Collins GM LLC d/b/a Little Collins at GM Building, Little Collins Third Ave LLC d/b/a Little
Collins, Leon Unglik, and Nicholas Curnow are called the “Defendants.”
2. What is this lawsuit about?
This lawsuit involves claims brought by Plaintiff alleging that Defendants violated the NYLL by
failing to pay proper wages for all hours worked, including overtime. Defendants contend that they
properly paid their employees correctly at all times, and believe their documentation shows proper
payments.
3. Why is this a class action?
In a class action, one or more people called “Class Representatives” sue on behalf of people who
have similar claims. The people together are a “Class” or “Class Members.” The employees who
sued are called Plaintiff. One court resolves the issues for everyone in the Class—except for those
who choose to exclude themselves from the Class.
4. Why is there a settlement?
The Court did not decide in favor of Plaintiff or Defendants. Both sides believe they would have
prevailed in the case, but there was no decision ruling in favor of either party. Instead, both sides
agreed to a settlement. That way, they avoid the costs, delays and uncertainties associated with a
trial, and the people affected will get compensation. The Class Representatives and the attorneys
think the settlement is best for all Class Members.
WHO IS IN THE SETTLEMENT?
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024
5. How do I know if I am part of the settlement?
You are automatically a member of the Class if you worked for Defendants during the Class Period
as defined above.
6. I’m still not sure if I am included.
If you are still not sure whether you are included, you can ask for free help. You can contact the
Settlement Claims Administrator as follows:
Advanced Litigation Strategies, LLC
148 West 24th Street, 8th Floor
New York, NY 10011
Tel: (212) 465-1180
Email: admin@advancedlitigation.org
THE SETTLEMENT BENEFITS – WHAT YOU GET
7. What does the settlement provide?
Defendants have agreed to deposit up to $100,000 into a fund (the “Settlement Fund”) to be divided
among current and former employees who are covered by the settlement. The settlement fund
shall cover payments to Plaintiff’s counsel for attorneys’ fees and costs (estimated at $33,333.33
plus actual costs and expenses $2,402.12) and the costs of administering the settlement. The
remaining amount, after attorneys’ fees and costs, service award, and administrative fees, shall be
divided among Class Members on a pro rata basis.
8. How much will my payment be?
Based on the formula that has been approved by the Court, you will be entitled to receive
approximately $[ ], subject to applicable taxes and withholdings. You may obtain a
copy of the Agreement by following the instructions in Paragraph 18, below.
HOW YOU GET A PAYMENT
9. How can I get my payment?
You do not need to do anything to receive the payment identified in Paragraph 8 at this time. You
will be sent a settlement check if and when the Court approves the settlement and after all appeals
have been exhausted, provided that you first timely return a valid Anti-Fraud Identity Affirmation
form, including social security number, and W-9 tax form to the Administrator. The Anti-Fraud
Identity Affirmation form and W-9 tax form will be sent to you after Court approval, provided you
do not exclude yourself. If you choose to exclude yourself, then you will not receive a payment,
nor the required Anti-Fraud Identity Affirmation form or W-9 tax form.
10. What am I giving up to get a payment or stay in the Class?
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024
Unless you exclude yourself (as explained in Paragraph 11 below), you will remain in the Class.
This means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants
about the legal issues in this case and arising under New York State wage and hour laws. It also
means that all of the Court’s orders will apply to you and legally bind you.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you don’t want to release any potential claims against Defendants, and also agree to not receive
a payment from this settlement, then you must take steps to get out. This is called excluding
yourself —or is sometimes referred to as opting out of the settlement Class.
11. How do I opt out of the settlement?
To exclude yourself from the settlement, you must send a letter by mail that includes the words, “I
opt out of the Little Collins wage and hour settlement.” You must include your name, job title,
address, telephone number, and signature. Your exclusion request must be postmarked no later
than [__________], 2024 and must be mailed to Advanced Litigation Strategies, LLC at the
address in Section 6 above.
If you ask to be excluded, you will not get any settlement payment, and you cannot object to the
settlement. You will not be legally bound by anything that happens in this lawsuit. If you exclude
yourself from the lawsuit, you may not object to it.
12. If I don’t exclude myself, do I have any wage and hour claims against Defendants?
No. Unless you exclude yourself, you will remain a Class Member. That means that you cannot
sue, continue to sue, or be a party of any other lawsuit against the Defendants for any alleged wage
and hour claims through the effective date of the settlement. It also means that all of the Court's
orders will apply to you and legally bind you. In addition, by cashing the settlement check, you
will also release claims under the FLSA. Class Members who do not exclude themselves but also
do not cash their settlement check within 90 days will still release their NYLL claims under state
law, but will not release any claims under the FLSA.
13. If I exclude myself, can I get money from this settlement?
No. If you exclude yourself, you will not receive any money from this lawsuit.
THE LAWYERS REPRESENTING YOU
14. Do I have a lawyer in this case?
The Court has decided that the lawyers at the law firm of Lee Litigation Group PLLC are qualified
to represent you and all Class Members. These lawyers are called “Class Counsel.” You will not
be charged for these lawyers. You do not need to retain your own attorney in order to participate
as a Class Member. If you do not opt out of the Class and want to be represented by your own
lawyer, you may hire one at your own expense.
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024
15. How will the lawyers be paid?
Class Counsel has asked the Court to approve payment of up to one-third of the Settlement Fund
for attorneys’ fees. These fees would compensate Class Counsel for investigating the facts,
litigating the case, and negotiating the settlement. Class Counsel will also ask the Court to approve
payment for their actual out-of-pocket costs and expenses, excluding the cost of the settlement
administrator. The cost of the settlement administrator will also come from the settlement fund.
The Court may award less than these amounts.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you don’t agree with the settlement or some part of it.
16. How do I tell the Court that I don’t like the settlement?
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You
can give reasons why you think the Court should not approve it. The Court will consider your
views. To object, you must send a letter by mail that includes the words “I object to the settlement
in the Little Collins wage and hour litigation.” as well as all reasons for the objection. Be sure to
include your name, job title, address, telephone number, and your signature. Mail the objection to
Advanced Litigation Strategies, LLC at the address above in Section 6. Your letter must be
postmarked no later than [________], 2024.
17. What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement. You can
object only if you stay in the Class. If you exclude yourself from the settlement, you may not
object. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you
exclude yourself, you have no basis to object because the case no longer affects you.
18. When and where will the Court decide whether to grant final approval to the
settlement agreement?
The Court will hold a final fairness hearing at 9:30 a.m. on May 15, 2024, in Part 28, at the Supreme
Court of the State of New York, County of Nassau, 100 Supreme Court Drive, Mineola, New
York, before Hon. Christopher McGrath, J.S.C.
19. Do I have to come to the fairness hearing?
No, even if you filed an objection. Class Counsel will represent you at the hearing. Of course, you
are welcome to attend (at your own expense) if you so desire. The Court will consider any
objections received in a timely manner, even if the individual who sent in the objection does not
appear at the fairness hearing. You may also pay your own lawyer to attend the fairness hearing
but it is not necessary.
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024
20. May I speak at the fairness hearing?
You may ask the Court for permission to speak at the fairness hearing. To do so, you must send a
letter stating “Notice of Intention to Appear in Rojas v. Little Collins Management LLC, Index No.
616380/2023.” Be sure to include your name, address, telephone number and signature. Your
Notice of Intention to Appear must be postmarked no later than [________], 2024 and mailed to:
Advanced Litigation Strategies, LLC
148 West 24th Street, 8th Floor
New York, NY 10011
Again, you cannot speak at the hearing if you exclude yourself from the settlement agreement.
GETTING MORE INFORMATION
21. Are there more details about the settlement?
This notice summarizes the proposed settlement. More details are in the Agreement. You can get
a copy of the Agreement by sending a request, in writing, to Advanced Litigation Strategies, LLC
at the address in Section 6 above.
22. How do I get more information?
If you have other questions about the settlement, you can contact the Settlement Claims
Administrator, or Class Counsel at the addresses and/or telephone numbers below.
Class Counsel
C.K. Lee, Esq.
Anne Seelig, Esq.
Lee Litigation Group PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1180
Settlement Administrator
Advanced Litigation Strategies LLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1180
Email: admin@advancedlitigation.org
DATED: [________], 2024
Preview
FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024 EXHIBIT 2 FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU YOVANI FERNANDO RAMOS ROJAS, on behalf of himself, FLSA Collective Plaintiffs and the Class, Plaintiff, Index No. 616380/2023 – against – LITTLE COLLINS MANAGEMENT LLC, LITTLE COLLINS HOLDING LLC, LITTLE COLLINS LLC, LITTLE COLLINS LEXINGTON LLC d/b/a LITTLE COLLINS, LITTLE COLLINS GM LLC d/b/a LITTLE COLLINS AT GM BUILDING, LITTLE COLLINS THIRD AVE LLC d/b/a LITTLE COLLINS, LEON UNGLIK, and NICHOLAS CURNOW, Defendants. NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT PLEASE READ THIS NOTICE CAREFULLY TO LEARN ABOUT YOUR RIGHTS SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NASSAU If you were employed at any of the four Little Collins locations in New York City between June 23, 2017 and September 7, 2023, you may be entitled to a payment from a class action lawsuit settlement. A state court authorized this notice. This is not a solicitation from a lawyer. • This notice pertains to any individual who was employed at Little Collins in New York City between June 23, 2017 and September 7, 2023 (the “Class Period”). • A former employee who worked for Defendants (“Plaintiff”) has sued Defendants alleging that they violated the New York Labor Law (“NYLL”) by allegedly failing to pay proper wages for all hours worked, including overtime. Plaintiff filed the lawsuit as a class action under the state law of New York. Defendants vehemently deny these allegations and 1 FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024 maintain that their employees were properly compensated at all times and maintain they were otherwise in compliance with the NYLL. • To avoid the burden, expense, inconvenience and uncertainty of continued litigation, the parties have concluded that it is in their best interests to resolve and settle the action by entering into a settlement agreement. Accordingly, Plaintiff and Defendants have reached a settlement in this matter. Defendants have agreed to deposit up to $100,000 into a fund that will be used to pay current and former employees who worked at Little Collins in New York City who qualify for a settlement payment, as well as to pay attorneys’ fees, litigation costs, service award, and the expenses of administering the settlement. • Under the allocation formula, if the Court approves the settlement, you do not exclude yourself and timely submit an Anti-Fraud Identity Affirmation form and a W-9 tax form, you will be entitled to receive a payment, subject to and less applicable taxes and withholdings, on a pro rata basis. • Neither Class Counsel nor Defendants make any representations concerning tax consequences of this settlement or participation in it, and you are advised to seek your own personal tax advice prior to acting in response to this Notice. • Your legal rights may be affected. You have a choice to make now: YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT OF CLAIMS: Remain part of the case and be entitled to receive a settlement payment, subject to applicable taxes and withholdings. If this settlement is approved, DO NOTHING you will subsequently be mailed, and be required to timely return, an Anti- NOW Fraud Identity Affirmation form and W-9 tax form in order to receive your settlement payment. Get no payment. Under this option, you do not receive any payment from this settlement, but you do not release Defendants from any claims. EXCLUDE YOURSELF If you exclude yourself from the settlement, you will not be entitled to receive any payment from the settlement fund. OBJECT Submit an objection to the administrator detailing why you object to the settlement. If you exclude yourself from the settlement, you may not object. • These rights and options – and the deadlines to exercise them – are explained in this notice. FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024 • The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient. BASIC INFORMATION 1. Why did I get this notice? Defendants’ records indicate that you worked for Defendants between June 23, 2017 and September 7, 2023 at Little Collins in New York City. The Court ordered that you be sent this notice because you have a right to know about a proposed settlement of a class action lawsuit, and about all of your options, before the Court decides whether to approve the settlement. If the Court approves the settlement and after objections (and appeals, if any) are heard, payments will be mailed to class members who do not exclude themselves, and who timely return valid Anti-Fraud Identity Affirmation forms and a W-9 tax form. This notice explains the lawsuit, the settlement, your legal rights, and what benefits are available. The person who filed the lawsuit is called the “Plaintiff.” Little Collins Management LLC, Little Collins Holding LLC, Little Collins LLC, Little Collins Lexington LLC d/b/a Little Collins, Little Collins GM LLC d/b/a Little Collins at GM Building, Little Collins Third Ave LLC d/b/a Little Collins, Leon Unglik, and Nicholas Curnow are called the “Defendants.” 2. What is this lawsuit about? This lawsuit involves claims brought by Plaintiff alleging that Defendants violated the NYLL by failing to pay proper wages for all hours worked, including overtime. Defendants contend that they properly paid their employees correctly at all times, and believe their documentation shows proper payments. 3. Why is this a class action? In a class action, one or more people called “Class Representatives” sue on behalf of people who have similar claims. The people together are a “Class” or “Class Members.” The employees who sued are called Plaintiff. One court resolves the issues for everyone in the Class—except for those who choose to exclude themselves from the Class. 4. Why is there a settlement? The Court did not decide in favor of Plaintiff or Defendants. Both sides believe they would have prevailed in the case, but there was no decision ruling in favor of either party. Instead, both sides agreed to a settlement. That way, they avoid the costs, delays and uncertainties associated with a trial, and the people affected will get compensation. The Class Representatives and the attorneys think the settlement is best for all Class Members. WHO IS IN THE SETTLEMENT? FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024 5. How do I know if I am part of the settlement? You are automatically a member of the Class if you worked for Defendants during the Class Period as defined above. 6. I’m still not sure if I am included. If you are still not sure whether you are included, you can ask for free help. You can contact the Settlement Claims Administrator as follows: Advanced Litigation Strategies, LLC 148 West 24th Street, 8th Floor New York, NY 10011 Tel: (212) 465-1180 Email: admin@advancedlitigation.org THE SETTLEMENT BENEFITS – WHAT YOU GET 7. What does the settlement provide? Defendants have agreed to deposit up to $100,000 into a fund (the “Settlement Fund”) to be divided among current and former employees who are covered by the settlement. The settlement fund shall cover payments to Plaintiff’s counsel for attorneys’ fees and costs (estimated at $33,333.33 plus actual costs and expenses $2,402.12) and the costs of administering the settlement. The remaining amount, after attorneys’ fees and costs, service award, and administrative fees, shall be divided among Class Members on a pro rata basis. 8. How much will my payment be? Based on the formula that has been approved by the Court, you will be entitled to receive approximately $[ ], subject to applicable taxes and withholdings. You may obtain a copy of the Agreement by following the instructions in Paragraph 18, below. HOW YOU GET A PAYMENT 9. How can I get my payment? You do not need to do anything to receive the payment identified in Paragraph 8 at this time. You will be sent a settlement check if and when the Court approves the settlement and after all appeals have been exhausted, provided that you first timely return a valid Anti-Fraud Identity Affirmation form, including social security number, and W-9 tax form to the Administrator. The Anti-Fraud Identity Affirmation form and W-9 tax form will be sent to you after Court approval, provided you do not exclude yourself. If you choose to exclude yourself, then you will not receive a payment, nor the required Anti-Fraud Identity Affirmation form or W-9 tax form. 10. What am I giving up to get a payment or stay in the Class? FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024 Unless you exclude yourself (as explained in Paragraph 11 below), you will remain in the Class. This means that you cannot sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case and arising under New York State wage and hour laws. It also means that all of the Court’s orders will apply to you and legally bind you. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don’t want to release any potential claims against Defendants, and also agree to not receive a payment from this settlement, then you must take steps to get out. This is called excluding yourself —or is sometimes referred to as opting out of the settlement Class. 11. How do I opt out of the settlement? To exclude yourself from the settlement, you must send a letter by mail that includes the words, “I opt out of the Little Collins wage and hour settlement.” You must include your name, job title, address, telephone number, and signature. Your exclusion request must be postmarked no later than [__________], 2024 and must be mailed to Advanced Litigation Strategies, LLC at the address in Section 6 above. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. If you exclude yourself from the lawsuit, you may not object to it. 12. If I don’t exclude myself, do I have any wage and hour claims against Defendants? No. Unless you exclude yourself, you will remain a Class Member. That means that you cannot sue, continue to sue, or be a party of any other lawsuit against the Defendants for any alleged wage and hour claims through the effective date of the settlement. It also means that all of the Court's orders will apply to you and legally bind you. In addition, by cashing the settlement check, you will also release claims under the FLSA. Class Members who do not exclude themselves but also do not cash their settlement check within 90 days will still release their NYLL claims under state law, but will not release any claims under the FLSA. 13. If I exclude myself, can I get money from this settlement? No. If you exclude yourself, you will not receive any money from this lawsuit. THE LAWYERS REPRESENTING YOU 14. Do I have a lawyer in this case? The Court has decided that the lawyers at the law firm of Lee Litigation Group PLLC are qualified to represent you and all Class Members. These lawyers are called “Class Counsel.” You will not be charged for these lawyers. You do not need to retain your own attorney in order to participate as a Class Member. If you do not opt out of the Class and want to be represented by your own lawyer, you may hire one at your own expense. FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024 15. How will the lawyers be paid? Class Counsel has asked the Court to approve payment of up to one-third of the Settlement Fund for attorneys’ fees. These fees would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel will also ask the Court to approve payment for their actual out-of-pocket costs and expenses, excluding the cost of the settlement administrator. The cost of the settlement administrator will also come from the settlement fund. The Court may award less than these amounts. OBJECTING TO THE SETTLEMENT You can tell the Court that you don’t agree with the settlement or some part of it. 16. How do I tell the Court that I don’t like the settlement? If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter by mail that includes the words “I object to the settlement in the Little Collins wage and hour litigation.” as well as all reasons for the objection. Be sure to include your name, job title, address, telephone number, and your signature. Mail the objection to Advanced Litigation Strategies, LLC at the address above in Section 6. Your letter must be postmarked no later than [________], 2024. 17. What’s the difference between objecting and excluding? Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. If you exclude yourself from the settlement, you may not object. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. 18. When and where will the Court decide whether to grant final approval to the settlement agreement? The Court will hold a final fairness hearing at 9:30 a.m. on May 15, 2024, in Part 28, at the Supreme Court of the State of New York, County of Nassau, 100 Supreme Court Drive, Mineola, New York, before Hon. Christopher McGrath, J.S.C. 19. Do I have to come to the fairness hearing? No, even if you filed an objection. Class Counsel will represent you at the hearing. Of course, you are welcome to attend (at your own expense) if you so desire. The Court will consider any objections received in a timely manner, even if the individual who sent in the objection does not appear at the fairness hearing. You may also pay your own lawyer to attend the fairness hearing but it is not necessary. FILED: NASSAU COUNTY CLERK 01/25/2024 01:41 PM INDEX NO. 616380/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/25/2024 20. May I speak at the fairness hearing? You may ask the Court for permission to speak at the fairness hearing. To do so, you must send a letter stating “Notice of Intention to Appear in Rojas v. Little Collins Management LLC, Index No. 616380/2023.” Be sure to include your name, address, telephone number and signature. Your Notice of Intention to Appear must be postmarked no later than [________], 2024 and mailed to: Advanced Litigation Strategies, LLC 148 West 24th Street, 8th Floor New York, NY 10011 Again, you cannot speak at the hearing if you exclude yourself from the settlement agreement. GETTING MORE INFORMATION 21. Are there more details about the settlement? This notice summarizes the proposed settlement. More details are in the Agreement. You can get a copy of the Agreement by sending a request, in writing, to Advanced Litigation Strategies, LLC at the address in Section 6 above. 22. How do I get more information? If you have other questions about the settlement, you can contact the Settlement Claims Administrator, or Class Counsel at the addresses and/or telephone numbers below. Class Counsel C.K. Lee, Esq. Anne Seelig, Esq. Lee Litigation Group PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone: (212) 465-1180 Settlement Administrator Advanced Litigation Strategies LLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone: (212) 465-1180 Email: admin@advancedlitigation.org DATED: [________], 2024