Preview
Justin F. Marquez (SBN 262417) Superion Court
of Califomia
justin@willshirelawfirm.com County of Butte
Benjamin H. Haber (SBN 315664)
benjamin@wilshirelawfirm.com 4/09/2024
Daniel J. Kramer (SBN 314625)
dkramer@willshirelawfirm.com
WILLSHIRE LAW FIRM
D
puty
3055 Wilshire Blvd., 12th Floor WV FILED
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Los Angeles, California 90010
Telephone: (213) 381-9988
Facsimile: (213) 381-9989
Attorneys for Plaintiffs
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF BUTTE
12
13 DANIEL HAYES, individually, and on behalf of] Case No. 21CV02456
all others similarly situated, AUDREY
14 MIGLIACCIO, individually, and on behalf
of all |DECLARATION OF CASSANDRA
others similarly situated, COURTNEY POLITES OF ILYM GROUP, INC.
15 MELVIN, individually, and on behalf
of all
REGARDING NOTICE AND
SETTLEMENT ADMINISTRATION
others similarly situated,
16
HEARING INFO
17 Plaintiffs,
Date: May 1, 2024
18 v Time: 9:00 a.m.
19 GONZALES PARK, a California corporation,
20 PROJECT FUSION, LLC, a Delaware
corporation, and DOES | through 10, inclusive,
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Defendants
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COURTNEY MELVIN, on behalf of the State
23 of California and other aggrieved persons,
24 Plaintiff,
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Vv.
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GONZALES PARK, LLC, a California Limited
27 Liability Company; PROJECT FUSION, LLC, a
Limited Liability Company; and DOES 1
28 through 10, inclusive,
Defendants
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Declaration of Cassandra Polites Case No. 21CV02456
I, Cassandra Polites, declare as follows:
1 I am a resident of the United States of America and am over the age of 18. lama
Case Manager for ILYM Group, Inc., (herein after referred to as “ILYM Group”), the professional
settlement services provider who has been retained by the Parties’ Counsel and subsequently
appointed by the Court to serve as the Settlement Administrator for the above captioned, Hayes et
al. v. Gonzales Park et al. matter. | am authorized to make this declaration on behalf of ILYM
Group and myself. I have personal knowledge of the facts herein, and, if called upon to testify, I
could and would testify competently to such facts.
2. ILYM Group has extensive experience in administering Class Action Settlements,
10 including direct mail services, database management, claims processing and settlement fund
11 distribution services for Class Actions ranging in size from 26 to 4.5 million Settlement Class
12 Members.
13 3 ILYM Group was engaged by the Parties’ Counsel and subsequently approved and
14 appointed by the Court to provide notification services and settlement administration, pursuant to
15 the terms of the Settlement, in the above referenced Action. Duties performed to-date and to be
16 performed after Final Approval of the Settlement is granted, include: (a) translating the mailing
17 documents into Spanish; (b) printing and mailing the Court Approved Notice of Class Action
18 Settlement and Hearing Date for Final Court Approval, in both English and Spanish (referred to as
19 “Class Notice Packet”); (c) receiving and processing requests for exclusion and objections to the
20 Settlement; (d) resolving Class Members’ disputes over the number of workweeks Defendant has
21 record of them working during the Class Period, which was pre-printed on their individualized
22 Class Notice; (e) establishing a QSF account and calculating individual settlement award amounts;
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(f) processing and mailing settlement award checks; (g) handling tax withholdings as required by
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the Settlement and the law; (h) preparing, issuing and filing tax returns and other applicable tax
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forms; (i) handling the distribution of any unclaimed funds pursuant to the terms of the Settlement;
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and (j) performing other tasks as the Parties mutually agree to and/or the Court orders ILYM Group
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to perform.
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Declaration of Cassandra Polites Case No. 21CV02456
4 On December 13, 2023, ILYM Group received the Court approved text for the Class
Notice Packet from Class Counsel. ILYM Group prepared a draft of the formatted Class Notice
Packet, which was approved by the Parties’ Counsel prior to mailing.
5 On February 4, 2024, ILYM Group received the class data file from Counsel for
Defendant, which contained the name, social security number, last known mailing address, and the
number of workweeks and PAGA pay periods for each Class Member and Aggrieved Employee.
The data file was uploaded to our database and checked for duplicates and other possible
discrepancies. The Class List contained unique records for 574 individuals who worked a total of
58,351 work weeks.
10 6 As part of the preparation for mailing, all 574 names and addresses contained in the
11 Class List were then processed against the National Change of Address (“NCOA”) database,
12 maintained by the United States Postal Service (“USPS”), for purposes of updating and confirming
13 the mailing addresses of the Class Members before mailing of the Class Notice Packet. The NCOA
14 contains requested change of addresses filed with the USPS. To the extent that an updated address
15 was found in the NCOA database, the updated address was used for the mailing of the Class Notice
16 Packet. To the extent that no updated address was found in the NCOA database, the original address
17 provided by Counsel for Defendants was used for the mailing of the Class Notice Packet.
18 7 On February 26, 2024, the Class Notice Packet was mailed, in both English and
19 Spanish, via U.S First Class Mail, to all 574 individuals contained in the Class List. Attached hereto,
20 as Exhibit A, is a true and correct copy of the mailed Class Notice Packet.
21 8 As of the date of this declaration, 60 Class Notice Packets have been returned to our
22 office of which none were returned with a forwarding address. ILYM Group performed a
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computerized skip trace on the 60 returned Class Notice Packets that did not have a forwarding
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address, in an effort to obtain an updated address for the purpose of re-mailing the Class Notice
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Packet. As a result of this skip trace, 38 updated addresses were obtained and the Class Notice
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Packets were promptly re-mailed to those Class Members, via U.S. First Class Mail.
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9. As of the date of this declaration, a total of 38 Class Notice Packets have been re-
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mailed as a result of ILYM Group’s skip tracing efforts.
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Declaration of Cassandra Polites Case No. 21CV02456
10. As of the date of this declaration, a total of 22 Class Notice Packets have been
deemed undeliverable as no updated addresses were found notwithstanding the skip tracing.
ll. As of the date of this declaration, ILYM Group has not received any request for
exclusion. The deadline to request exclusion from the Settlement is April 11, 2024.
12. As of the date of this declaration, ILYM Group has not received any objections to
the Settlement. The deadline to submit a written objection to the Settlement is April 11, 2024.
13. As of the date of this declaration, ILYM Group has not received any disputes from
a Class Member. The deadline to submit a dispute is April 11, 2024.
14. The Net Settlement Amount available to Participating Class Members is estimated
10 to be $340,230.00 and was calculated by subtracting the requested attorneys’ fees $212,500.00, the
11 amount allocated for litigation costs and expenses $20,000.00, the requested Class Representative’ s
12 Service Payments $30,000.00, the requested Administration Expenses Payment $14,770.00, the
13 LWDA Payment $15,000.00 and the PAGA Penalties allocation to Aggrieved Employees
14 $5,000.00 from the Gross Settlement Amount $637,500.00.
15 15. As of this date, there are 574 Class Members who did not submit a timely and valid
16 Request for Exclusion and are therefore deemed to be Participating Class Members. The Individual
17 Class Payment is allocated on a pro rata basis using their work weeks worked.
18 16. The highest Individual Class Payment to a Participating Class Member is currently
19 estimated to be approximately $1,635.93 and the average Individual Class Payment is currently
20 estimated to be approximately $592.74. These amounts are subject to employee-side tax and
21 withholdings.
22 17. Pursuant to the Agreement, 25% of the PAGA Penalties payment (i.e., $5,000.00)
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will be allocated to Aggrieved Employees regardless of whether he or she opted outs of the Class
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Settlement (“Employee PAGA Amount”); Aggrieved Employees cannot opt out of the PAGA
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Settlement. The Employee PAGA Amount is allocated on a pro rata basis using their PAGA Pay
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Periods. There are 417 Aggrieved Employees who worked 15,795 pay periods during the PAGA
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period.
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Declaration of Cassandra Polites Case No. 21CV02456
18. The highest Individual PAGA Payment to an Aggrieved Employee is currently
estimated to be approximately $19.63 and the average Individual PAGA Payment is currently
estimated to be approximately $11.99.
19. ILYM Group’s total fees and costs for services in connection with the administration
of this Settlement, which includes fees and costs incurred to-date, as well as anticipated fees and
costs for completion of the settlement administration, are $14,770.00. ILYM Group’s work in
connection with this matter will continue with the calculation of the settlement award payments,
issuance and mailing of the settlement award checks, the necessary tax filing and reporting on such
payments, and any other tasks that the Parties mutually agree to and/or the Court orders ILYM
10 Group to perform.
11
12 I declare under penalty of perjury under the laws of the State of California and the United
13 States that the foregoing is true and correct to the best of my knowledge and that this Declaration
14 was executed this 8"" day of April 2024, at Tustin, California.
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16 a _——_—
17 CASSANDRA POLITES
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Declaration of Cassandra Polites Case No. 21CV02456
EXHIBIT “A”
COURT APPROVED NOTICE OF CLASS ACTION SETTLEMENT AND HEARING DATE FOR FINAL COURT
APPROVAL
Daniel Hayes, et al. v. Gonzales Park, LLC, et al.
Courtney Melvinv. Gonzales Park, LLC, et al.
Case Nos. 21CV 02456 and 22CV01119
The Superior Court for the State of California authorized this Notice. Read it carefully!
It’s not junk mail, spam, an advertisement, or solicitation by a lawyer. You are not being sued.
You may be eligible to receive money from an employee class action and representative action lawsuits (“Action”) against
Gonzales Park, LLC and Project Fusion, LLC (“Gonzales Park”) for alleged wage and hour violations. The Action was filed by former
Gonzales Park employees Daniel Hayes, Audrey Migliaccio, and Courtney Melvin (“Plaintiffs”) and seeks payment of back wages and
other relief for a class of non-exempt, hourly-paid employees (“Class Members”) who worked for Gonzales Park in California during
the Class Period (September 30, 2017 to February 14, 2023); and (2) penalties under the California Private Attorneys General Act
(“PAGA”) for all non-exempt, hourly-paid employees who worked for Gonzales Park in California during the PAGA Period (October
1, 2020 to February 14, 2023) (“Aggrieved Employees”).
The proposed Settlement has two main parts: (1) a Class Settlement requiring Gonzales Park to fund Individual Class Payments,
and (2) a PAGA Settlement requiring Gonzales Park to fund Individual PAGA Payments and pay penalties to the California Labor and
Workforce Development Agency (“LWDA”).
Based on Gonzales Park’s records, and the Parties’ current assumptions, your Individual Class Payment is estimated to be
$<> (less withholding) and your Individual PAGA Payment is estimated to be
$<>. The actual amount you may receive likely will be different and will depend on a number of factors.
(If no amount is stated for your Individual PAGA Payment, then according to Gonzales Park’s records you are not eligible for an
Individual PAGA Payment under the Settlement because you didn’t work during the PAGA Period.)
The above estimates are based on Gonzales Park ’s records showing that you worked $<>
workweeks during the Class Period and you worked $<>workweeks during the PAGA Period. If you believe
that you worked more workweeks during either period, you can submit a challenge by the deadline date. See Section 4 of this Notice.
The Court has already preliminarily approved the proposed Settlement and approved this Notice. The Court has not yet decided
whether to grant final approval. Y our legal rights are affected whether you act or not act. Read this Notice carefully. You will be
deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the
Settlement and how much of the Settlement will be paid to Plaintiffs and Plaintiffs’ attorneys (“Class Counsel”). The Court will also
decide whether to enter a judgment that requires Gonzales Park to make payments under the Settlement and requires Class Members
and Aggrieved Employees to give up their rights to assert certain claims against Gonzales Park.
If you worked for Gonzales Park during the Class Period and/or the PAGA Period, you have two basic options under the
Settlement:
(1) Do Nothing. You don’t have to do anything to participate in the proposed Settlement and be eligible for an Individual
Class Payment and/or an Individual PAGA Payment. As a Participating Class Member, though, you will give up your
right to assert Class Period wage claims and PAGA Period penalty claims against Gonzales Park .
(2) Opt-Out of the Class Settlement. Y ou can exclude yourself from the Class Settlement (opt-out) by submitting the written
Request for Exclusion or otherwise notifying the Administrator in writing. If you opt-out of the Settlement, you will not
receive an Individual Class Payment. You will, however, preserve your right to personally pursue Class Period wage
claims against Gonzales Park, and, if you are an Aggrieved Employee, remain eligible for an Individual PAGA Payment.
You cannot opt-out of the PAGA portion of the proposed Settlement.
Gonzales Park will not retaliate against you for any actions you take with respect to the proposed Settlement.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
You Don’t Have to Do If you do nothing, you will be a Participating Class Member, eligible for an Individual Class Payment
Anything to Participate in | and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the
the Settlement wage claims against Gonzales Park that are covered by this Settlement (Released Claims).
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You Can Opt-out of the If you don’t want to fully participate in the proposed Settlement, you can opt-out of the Class
Class Settlement but not the Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will
PAGA Settlement be a Non-Participating Class Member and no longer eligible for an Individual Class Payment. Non-
Participating Class Members cannot object to any portion of the proposed Settlement. See Section
6 of this Notice.
The Opt-out Deadline is
April,11 2024 You cannot opt-out of the PAGA portion of the proposed Settlement. Gonzales Park must pay
Individual PAGA Payments to all Aggrieved Employees and the Aggrieved Employees must give
up their rights to pursue Released Claims (defined below).
Participating Class All Class Members who do not opt-out (“Participating Class Members”) can object to any aspect of
Members Can Object to the the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include
Class Settlement but not a determination of how much will be paid to Class Counsel and Plaintiffs who pursued the Action
the PAGA Settlement on behalf of the Class. You are not personally responsible for any payments to Class Counsel or
Plaintiffs, but every dollar paid to Class Counsel and Plaintiffs reduces the overall amount paid to
Written Objections Must be Participating Class Members. Y ou can object to the amounts requested by Class Counsel or Plaintiffs
Submitted by April, 11 2024 if you think they are unreasonable. See Section 7 of this Notice.
You Can Participate in the The Court’s Final Approval Hearing is scheduled to take place on May 1, 2024 .You don’t have to
May 1, 2024 Final attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own
Approval Hearing cost), in person, by telephone or by using the Court’s virtual appearance platform. Participating
Class Members can verbally object to the Settlement at the Final Approval Hearing. See Section 8
of this Notice.
You Can Challenge the The amount of your Individual Class Payment and PAGA Payment (if any) depend on how many
Calculation of Your workweeks you worked at least one day during the Class Period and how many Pay Periods you
Workweeks/Pay Periods worked at least one day during the PAGA Period, respectively. The number Class Period
Workweeks and number of PAGA Period Pay Periods you worked according to Gonzales Park’s
Written Challenges Must be records is stated on the first page of this Notice. If you disagree with either of these numbers, you
Submitted by April, 11 2024 must challenge it by April,11 2024 See Section 4 of this Notice.
1 WHAT IS THE ACTION ABOUT?
Plaintiffs are former Gonzales Park employees. The Action accuses Gonzales Park of violating California labor laws by failing to pay
minimum and overtime wages, failing to provide meal periods and rest breaks, failing to pay wages due upon termination, failing to
provide accurate itemized wage statements, and failing to indemnify employees for expenditures. Based on the same claims, Plaintiff
Courtney Melvin has also asserted a claim for civil penalties under the California Private Attorneys General Act (Labor Code §§ 2698,
et seq.) (“PAGA”). Plaintiffs are represented by attorneys in the Action: Justin F. Marquez, Benjamin H. Haber, and DanielJ. Kramer
of Wilshire Law Firm, PLC (“Class Counsel.”).
Gonzales Park strongly denies violating any laws or failing to pay any wages and contends it complied with all applicable laws.
2. WHAT DOES IT MEAN THAT THE ACTION HAS SETTLED?
So far, the Court has made no determination whether Gonzales Park or Plaintiffs is correct on the merits. In the meantime, Plaintiffs
and Gonzales Park hired an experienced, neutral mediator in an effort to resolve the Action by negotiating to end the case by agreement
(settle the case) rather than continuing the expensive and time-consuming process of litigation. The negotiations were successful. By
signing a lengthy written settlement agreement (“Agreement”) and agreeing to jointly ask the Court to enter a judgment ending the
Action and enforcing the Agreement, Plaintiffs and Gonzales Park have negotiated a proposed Settlement that is subject to the Court’s
Final Approval. Both sides agree the proposed Settlement is a compromise of disputed claims. By agreeing to settle, Gonzales Park
does not admit any violations or concede the merit of any claims.
Plaintiffs and Class Counsel strongly believe the Settlement is a good deal for you because they believe that: (1) Gonzales Park has
agreed to pay a fair, reasonable and adequate amount considering the strength of the claims and the risks and uncertainties of continued
litigation; and (2) Settlement is in the best interests of the Class Members and A ggrieved Employees. The Court preliminarily approved
the proposed Settlement as fair, reasonable and adequate, authorized this Notice, and scheduled a hearing to determine Final A pproval.
3. WHAT ARE THE IMPORTANT TERMS OF THE PROPOSED SETTLEMENT?
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Gonzales Park Will Pay $637,500 as the Gross Settlement Amount (Gross Settlement). Gonzales Park has agreed to deposit
the Gross Settlement into an account controlled by the Administrator of the Settlement. The Administrator will use the Gross
Settlement to pay the Individual Class Payments, Individual PAGA Payments, the Class Representatives’ Service Payments,
Class Counsel’s attorneys’ fees and expenses, the A dministrator’s expenses, and penalties to be paid to the LWDA. Assuming
the Court grants Final Approval, Gonzales Park will fund the Gross Settlement not more than 30 days after the Judgment
entered by the Court becomes final. The Judgment will be final on the date the Court enters Judgment, or a later date if
Participating Class Members object to the proposed Settlement or the Judgment is appealed.
Court Approved Deductions from Gross Settlement. At the Final Approval Hearing, Plaintiffs and/or Class Counsel will ask
the Court to approve the following deductions from the Gross Settlement, the amounts of which will be decided by the Court
at the Final A pproval Hearing:
A Up to $212,500 (33 1/3% of the Gross Settlement) to Class Counsel for attorneys’ fees and up to $20,000 for their
litigation expenses. To date, Class Counsel have worked and incurred expenses on the Action without payment.
Up to $10,000 each to Plaintiffs Daniel Hayes, Audrey Migliaccio, and Courtney Melvin for filing the Action, working
with Class Counsel and representing the Class. The Class Representatives’ Service Payments will be the only monies
Plaintiffs will receive other than Plaintiffs’ Individual Class Payment and any Individual PAGA Payment.
Up to $15,000 to the Administrator for services administering the Settlement.
Up to $20,000 for PAGA Penalties, allocated 75% to the LWDA PAGA Payment and 25% in Individual PAGA
Payments to the Aggrieved Employees based on their PAGA Period Pay Periods.
Participating Class Members have the right to object to any of these deductions. The Court will consider all objections.
Net Settlement Distributed to Class Members. After making the above deductions in amounts approved by the Court, the
Administrator will distribute the rest of the Gross Settlement (the “Net Settlement”) by making Individual Class Payments to
Participating Class Members based on their Class Period Workweeks.
Taxes Owed on Payments to Class Members. Plaintiffs and Gonzales Park are asking the Court to approve an allocation of
25% of each Individual Class Payment to taxable wages (“Wage Portion”) and 75% to penalties and interest (“Non-Wage
Portion.). The Wage Portion is subjectto withholdings and will be reported on IRS W-2 Forms. Gonzales Park will separately
pay employer payroll taxes it owes on the Wage Portion. The Individual PAGA Payments are counted as penalties rather than
wages for tax purposes. The Administrator will report the Individual PAGA Payments and the Non-Wage Portions of the
Individual Class Payments on IRS 1099 Forms.
Although Plaintiffs and Gonzales Park have agreed to these allocations, neither side is giving you any advice on whether your
Payments are taxable or how much you might owe in taxes. You are responsible for paying all taxes (including penalties and
interest on back taxes) on any Payments received from the proposed Settlement. Y ou should consult a tax advisor if you have
any questions about the tax consequences of the proposed Settlement.
Need to Promptly Cash Payment Checks. The front of every check issued for Individual Class Payments and Individual PAGA
Payments will show the date when the check expires (the void date). If you don’t cash it by the void date, your check will be
automatically cancelled, and the monies will be irrevocably lost to you because they will be paid to a non-profit organization,
the Koinonia Family Services, P.O. Box 1403, 3731 Magnolia Street, Loomis, California 95650 (“Cy Pres Beneficiary”).
Requests for Exclusion from the Class Settlement (Opt-Outs). You will be treated as a Participating Class Member,
participating fully in the Class Settlement, unless you notify the Administrator in writing, not later than April, 11 2024, that
you wish to opt-out. The easiest way to notify the Administrator is to send a written and signed Request for Exclusion by
April, 11 2024,. The Request for Exclusion should be a letter from a Class Member or his/her representative setting forth a
Class Member’s name, present address, telephone number, and a simple statement electing to be excluded from the Settlement.
Excluded Class Members (i.e., Non-Participating Class Members) will not receive Individual Class Payments, but will preserve
their rights to personally pursue wage and hour claims against Gonzales Park.
Y ou cannot opt-out of the PAGA portion of the Settlement. Class Members who exclude themselves from the Class Settlement
(Non-Participating Class Members) remain eligible for Individual PAGA Payments and are required to give up their right to
assert PAGA claims against Gonzales Park based on the PAGA Period facts alleged in the Action.
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The Proposed Settlement Will be Void if the Court Denies Final Approval. It is possible the Court will decline to grant Final
Approval of the Settlement or decline enter a Judgment. It is also possible the Court will enter a Judgment that is reversed on
appeal. Plaintiffs and Gonzales Park have agreed that, in either case, the Settlement will be void: Gonzales Park will not pay
any money and Class Members will not release any claims against Gonzales Park.
Administrator. The Court has appointed a neutral company, ILYM Group, Inc. (the “Administrator”) to send this Notice,
calculate and make payments, and process Class Members’ Requests for Exclusion. The Administrator will also decide Class
Member Challenges over Workweeks, mail and re-mail settlement checks and tax forms, and perform other tasks necessary to
administer the Settlement. The Administrator’s contact information is contained in Section 9 of this Notice.
Participating Class Members’ Release. After the Judgment is final and Gonzales Park has fully funded the Gross Settlement
and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting any of the
claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class
Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Gonzales Park or related entities for wages
based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this
Settlement.
The Participating Class Members will be bound by the following release:
All Participating Class Members, on behalf of themselves and their respective former and present representatives,
agents, attorneys, heirs, administrators, successors, and assigns, release Gonzales Park and each of its former and
present directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns,
subsidiaries, and affiliates (the “Released Parties”) from all claims that were alleged, or reasonably could have been
alleged, based on the Class Period facts stated in the Operative Complaints and ascertained in the course of the Action,
including any and all claims for: (1) failure to pay minimum and straight time wages; (2) failure to pay overtime
wages; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) failure to timely pay
final wages at termination; (6) failure to provide accurate itemized wage statements; (7) failure to indemnify necessary
business expenses; and (8) violation of California’s Unfair Competition Law, California Business and Professions
Code §§ 17200, et seq. Except as set forth in Section 5.3 of the Settlement A greement, Participating Class Members
do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair
Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims
based on facts occurring outside the Class Period.
10. Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Gonzales Park has paid the Gross Settlement
(and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims
against Gonzales Park , whether or not they exclude themselves from the Settlement. This means that all A ggrieved Employees,
including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to
sue, or participate in any other PAGA claim against Gonzales Park or its related entities based on the PAGA Period facts
alleged in the Action and resolved by this Settlement.
The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows:
All Participating and Non-Participating Class Members who are A ggrieved Employees are deemed to release, on behalf of
themselves and their respective former and present representatives, agents, attomeys, heirs, administrators, successors, and
assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged,
based on the PAGA Period facts stated in the Operative Complaints, and the PAGA Notice and ascertained in the course
of the Action, including and any all claims for (1) failure to pay minimum and straight time wages; (2) failure to pay
overtime wages; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) failure to timely
pay final wages at termination; (6) failure to provide accurate itemized wage statements; and (7) failure to indemnify
necessary business expenses.
HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT?
Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement
Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the
number of Workweeks worked by each individual Participating Class Member.
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Individual PAGA Payments. The Administrator will calculate Individual PAGA Payments by (a) dividing $5,000 by the total
number of PAGA Pay Periods worked by all Aggrieved Employees and (b) multiplying the result by the number of PAGA
Period Pay Periods worked by each individual A ggrieved Employee.
Workweek/Pay Period Challenges. The number of Class Workweeks you worked during the Class Period and the number of
PAGA Pay Periods you worked during the PAGA Period, as recorded in Gonzales Park’s records, are stated in the first page
of this Notice. Y ou have until April,11 2024 to challenge the number of Workweeks and/or Pay Periods credited to you. You
can submit your challenge by signing and sending a letter to the Administrator via mail, email or fax. Section 9 of this Notice
has the Administrator’s contact information.
Y ou need to support your challenge by sending copies of pay stubs or other records. The Administrator will accept Gonzales
Park’s calculation of Workweeks and/or Pay Periods based on Gonzales Park’s records as accurate unless you send copies of
records containing contrary information. You should send copies rather than originals because the documents will not be
retumed to you. The Administrator will resolve Workweek and/or Pay Period challenges based on your submission and on
input from Class Counsel (who will advocate on behalf of Participating Class Members) and Gonzales Park’s Counsel. The
Administrator’s decision is final. Y ou can’t appeal or otherwise challenge its final decision.
HOW WILL I GET PAID?
Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member
(i.e., every Class Member who doesn’t opt-out) including those who also qualify as Aggrieved Employees. The single check
will combine the Individual Class Payment and the Individual PAGA Payment.
Non-Participating Class Members. The Administrator will send, by U.S. mail, a single Individual PAGA Payment check to
every Aggrieved Employee who opts out of the Class Settlement (i.e., every Non-Participating Class Member).
Your check will be sent to the same address as this Notice. If you change your address, be sure to notify the
Administrator as soon as possible. Section 9 of this Notice has the Administrator’s contact information.
6. HOW DO I OPT-OUT OF THE CLASS SETTLEMENT?
Submit a written and signed letter with your name, present address, telephone number, and a simple statement that you do not want
to participate in the Settlement. The Administrator will exclude you based on any writing communicating your request be excluded.
Be sure to personally sign your request, identify the Action as Daniel Hayes, et al. v. Gonzales Park, LLC, et al., and include your
identifying information (full name, address, telephone number, approximate dates of employment, and social security number for
verification purposes). You must make the request yourself. If someone else makes the request for you, it will not be valid. The
Administrator must be sent your request to be excluded by April, 11 2024, or it will be invalid. Section 9 of the Notice has
the Administrator’s contact information.
7, HOW DOI OBJECT TO THE SETTLEMENT?
Only Participating Class Members have the right to object to the Settlement. Before deciding whether to object, you may wish to see
what Plaintiffs and Gonzales Park are asking the Court to approve. At least 16 days before the May 1, 2024 Final Approval Hearing,
Class Counsel and/or Plaintiffs will file in Court (1) a Motion for Final Approval that includes, among other things, the reasons why
the proposed Settlement is fair, and (2) a Motion for Fees, Litigation Expenses and Service A ward stating (i) the amount Class
Counsel is requesting for attorneys’ fees and litigation expenses; and (ii) the amount Plaintiffs are requesting as the Class
Representatives’ Service Awards. Upon reasonable request, Class Counsel (whose contact information is in Section 9 of this Notice)
will send you copies of these documents at no cost to you. You can also view them on the Administrator’s Website
https://ilymgroup.com/GonzalesPark or the Court’s website https://portal-cabutte.tylertech.cloud/Portal.
A Participating Class Member who disagrees with any aspect of the Agreement, the Motion for Final Approval and/or Motion for
Fees, Litigation Expenses and Service Award may wish to object, for example, that the proposed Settlement is unfair, or that the
amounts requested by Class Counsel or Plaintiffs are too high or too low. The deadline for sending written objections to the
Administrator is April, 11 2024. Be sure to tell the Administrator what you object to, why you object, and any facts that support
your objection. Make sure you identify the Action as Daniel Hayes, et al. v. Gonzales Park, LLC, et al., and include your name,
current address, telephone number, and approximate dates of employment for Gonzales Park and sign the objection. Section 9 of
this Notice has the Administrator’s contact information.
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Alternatively, a Participating Class Member can object (or personally retain a lawyer to object at your own cost) by attending the
Final Approval Hearing. Y ou (or your attorney) should be ready to tell the Court what you object to, why you object, and any facts
that support your objection. See Section 8 of this Notice (immediately below) for specifics regarding the Final A pproval Hearing.
8. CANIATTEND THE FINAL APPROVAL HEARING?
You can, but don’t have to, attend the Final Approval Hearing on May 1, 2024 at 9:00 a.m. in Department 1 of the Butte County
Superior Court, located at 1775 Concord Avenue, Chico, Califomia 95928. At the Hearing, the judge will decide whether to grant Final
Approval of the Settlement and how much of the Gross Settlement will be paid to Class Counsel, Plaintiffs, and the Administrator. The
Court will invite comment from objectors, Class Counsel and Defense Counsel before making a decision. You can attend (or hire a
lawyer to attend) personally. Check the Court’s website for the most current information (fresno.courts.ca.gov).
It’s possible the Court will reschedule the Final Approval Hearing. You should check the Administrator’s website
https://ilymgroup.com/GonzalesPark beforehand or contact Class Counsel to verify the date and time of the Final A pproval Hearing.
9. HOW CANIGET MORE INFORMATION?
The Agreement sets forth everything Gonzales Park and Plaintiffs have promised to do under the proposed Settlement. The easiest way
to read the Agreement, the Judgment or any other Settlement documents is to go to ILYM Group’s website at
https://ilymgroup.com/GonzalesPark. Y ou can also telephone or send an email to Class Counsel or the Administrator using the contact
information listed below, or consult the Superior Court website by going to (https://www.fresno.courts.ca.gov/online-services/case-
information) and entering the Case Number for the Action, Case No. 21CV 02456.
DO NOT TELEPHONE THE SUPERIOR COURT TO OBTAIN INFORMATION ABOUT THE SETTLEMENT.
Class Counsel: SettlementA dministrator:
Justin F. Marquez ILYM Group, Inc.
justin@wilshirelawfirm.com P.O. Box 2031
Benjamin H. Haber Tustin, CA 92781
benjamin@wilshirelawfirm.com Telephone: (888) 250-6810
Daniel J. Kramer Fax: (888) 845-6185
kramer@wilshirelawfirm.com Email: claims@ilymgroup.com
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Telephone: (213) 381-9988
Facsimile: (213) 381-9989
10. WHAT IF I LOSE MY SETTLEMENT CHECK?
If you lose or misplace your settlement check before cashing it, the Administrator will replace it as long as you request a replacement
before the void date on the face of the original check. If your check is already void you should consult the Unclaimed Property Fund
website for instructions on how to retrieve the funds.
11. WHAT IF I CHANGE MY ADDRESS?
To receive your check, you should immediately notify the Administrator if you move or otherwise change your mailing address.
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NOTIFICACION APROBADA POR EL TRIBUNAL SOBRE LA RESOLUCION DE LA DEMANDA COLECTIVA Y
FECHA DE LA AUDIENCIA PARA LA APROBACION DEFINITIVA EN EL TRIBUNAL
Daniel Hayes, y otros, contra Gonzales Park, LLC, y otros.
Courtney Melvin contra Gonzales Park, LLC, y otros.
Caso N° 21CV 02456 y 22CV01119
EI Tribunal Superior del Estado de California autorizé la presente Notificacién. jLéala detenidamente!
Esto no es un correo basura, ni spam, ni publicidad, ni una solicitud de un abogado. Usted no esta siendo demandado.
Usted puede ser elegible para recibir dinero de una demanda colectiva de empleados y demandas de accién representativa
("Demanda") contra Gonzales Park, LLC y Project Fusion, LLC ("Gonzales Park") por presuntas violaciones en materia de salarios y
horas de trabajo. La Demanda fue presentada por los ex empleados de Gonzales Park Daniel Hayes, Audrey Migliaccio y Courtney
Melvin ("Demandantes") y exige el pago de los salarios atrasados y otras compensaciones para un colectivo de empleados no exentos y
pagados por hora ("Miembros del Colectivo") que trabajaron para Gonzales Park en Califomia durante el Periodo del Colectivo (del 30
de Septiembre de 2017 al 14 de Febrero de 2023); y (2) sanciones en virtud de la Ley General de Abogados Privados de California
("PAGA") para todos los empleados no exentos, pagados por hora, que trabajaron para Gonzales Park en California durante el Periodo
de PAGA (1 de Octubre de 2020 al 14 de Febrero de 2023) ("Empleados A graviados").
La Resolucién propuesta tiene dos partes principales: (1) la Resolucién del Colectivo que requiere que Gonzales Park provea
los fondos para los Pagos del Colectivo Individuales, y (2) la Resolucion de PAGA que requiere que Gonzales Park provea los fondos
para los Pagos de PAGA Individuales y pague las respectivas sanciones a la Agencia de Desarrollo Laboral y de la Fuerza de Trabajo
de California ("LWDA", por sus siglas en inglés).
Seguin los registros de Gonzales Park y las suposiciones actuales de las Partes, su Pago del Colectivo Individual se estima en
<> (menos la retencion) y su Pago de PAGA Individual se estima en <>.
El importe real que reciba probablemente sera diferente y dependerd de varios factores. (Si no se indica un monto para su Pago de
PAGA Individual, entonces en base a los registros de Gonzales Park usted no es elegible para el Pago de PAGA Individual conforme a
la Resolucién ya que no trabajé durante el Periodo de PAGA).
Las estimaciones anteriores han sido calculadas segun los registros de Gonzales Park que muestran que usted trabajé
<> semanas laborales durante el Periodo del Colectivo y usted trabajé <>
semanas laborales durante el Periodo de PAGA. Si cree que trabajé mas semanas laborables en cualquiera de los dos periodos, puede
presentar una impugnacion antes de la fecha limite. Consulte la seccién 4 de la presente Notificacion.
El Tribunal ya ha aprobado de forma preliminar la Resolucion propuesta y ha aprobado esta Notificacion. El Tribunal atin no
ha decidido si concederd la aprobacion definitiva. Sus derechos legales se veran afectados tanto si acta como si no. Lea detenidamente
esta Notificacion. Se consideraré que la ha leido y comprendido en su totalidad. En la Audiencia de A probacion Definitiva, el Tribunal
decidira si aprueba definitivamente la Resolucion y qué parte de la misma se pagard a los Demandantes y a los abogados de los
Demandantes ("A bogados del Colectivo"). El Tribunal también decidird si dicta una sentencia que obligue a Gonzales Park a efectuar
pagos en virtud de la Resolucién y que obligue alos Miembros del Colectivo y alos Empleados A graviados a renunciar a sus derechos
de presentar ciertas reclamaciones contra Gonzales Park.
Si usted trabajo para Gonzales Park durante el Periodo del Colectivo y/o el Periodo de PAGA, tiene dos opciones basicas en
virtud de la Resolucion:
(1) No hacer nada. No tiene que hacer nada para participar en la Resolucion propuesta y ser elegible para recibir el Pago del
Colectivo Individual y/o el Pago de PAGA Individual. Sin embargo, como Miembro del Colectivo Participante, renunciara
a su derecho de presentar reclamaciones salariales durante el Periodo de la Demanda Colectiva y reclamaciones por la
sanciones incurridas durante el Periodo de PAGA contra Gonzales Park.
(2) Excluirse de la Resolucién del Colectivo. Puede excluirse de la Resolucion del Colectivo (optar por la exclusién)
presentando la Solicitud de Exclusi6n por escrito o notificandoselo de cualquier otra forma al A dministrador por escrito.
Si opta por excluirse de la Resolucion, no recibird
Preview
Justin F. Marquez (SBN 262417) Superion Court of Califomia justin@willshirelawfirm.com County of Butte Benjamin H. Haber (SBN 315664) benjamin@wilshirelawfirm.com 4/09/2024 Daniel J. Kramer (SBN 314625) dkramer@willshirelawfirm.com WILLSHIRE LAW FIRM D puty 3055 Wilshire Blvd., 12th Floor WV FILED 6 Los Angeles, California 90010 Telephone: (213) 381-9988 Facsimile: (213) 381-9989 Attorneys for Plaintiffs 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF BUTTE 12 13 DANIEL HAYES, individually, and on behalf of] Case No. 21CV02456 all others similarly situated, AUDREY 14 MIGLIACCIO, individually, and on behalf of all |DECLARATION OF CASSANDRA others similarly situated, COURTNEY POLITES OF ILYM GROUP, INC. 15 MELVIN, individually, and on behalf of all REGARDING NOTICE AND SETTLEMENT ADMINISTRATION others similarly situated, 16 HEARING INFO 17 Plaintiffs, Date: May 1, 2024 18 v Time: 9:00 a.m. 19 GONZALES PARK, a California corporation, 20 PROJECT FUSION, LLC, a Delaware corporation, and DOES | through 10, inclusive, 21 Defendants 22 COURTNEY MELVIN, on behalf of the State 23 of California and other aggrieved persons, 24 Plaintiff, 25 Vv. 26 GONZALES PARK, LLC, a California Limited 27 Liability Company; PROJECT FUSION, LLC, a Limited Liability Company; and DOES 1 28 through 10, inclusive, Defendants -1- Declaration of Cassandra Polites Case No. 21CV02456 I, Cassandra Polites, declare as follows: 1 I am a resident of the United States of America and am over the age of 18. lama Case Manager for ILYM Group, Inc., (herein after referred to as “ILYM Group”), the professional settlement services provider who has been retained by the Parties’ Counsel and subsequently appointed by the Court to serve as the Settlement Administrator for the above captioned, Hayes et al. v. Gonzales Park et al. matter. | am authorized to make this declaration on behalf of ILYM Group and myself. I have personal knowledge of the facts herein, and, if called upon to testify, I could and would testify competently to such facts. 2. ILYM Group has extensive experience in administering Class Action Settlements, 10 including direct mail services, database management, claims processing and settlement fund 11 distribution services for Class Actions ranging in size from 26 to 4.5 million Settlement Class 12 Members. 13 3 ILYM Group was engaged by the Parties’ Counsel and subsequently approved and 14 appointed by the Court to provide notification services and settlement administration, pursuant to 15 the terms of the Settlement, in the above referenced Action. Duties performed to-date and to be 16 performed after Final Approval of the Settlement is granted, include: (a) translating the mailing 17 documents into Spanish; (b) printing and mailing the Court Approved Notice of Class Action 18 Settlement and Hearing Date for Final Court Approval, in both English and Spanish (referred to as 19 “Class Notice Packet”); (c) receiving and processing requests for exclusion and objections to the 20 Settlement; (d) resolving Class Members’ disputes over the number of workweeks Defendant has 21 record of them working during the Class Period, which was pre-printed on their individualized 22 Class Notice; (e) establishing a QSF account and calculating individual settlement award amounts; 23 (f) processing and mailing settlement award checks; (g) handling tax withholdings as required by 24 the Settlement and the law; (h) preparing, issuing and filing tax returns and other applicable tax 25 forms; (i) handling the distribution of any unclaimed funds pursuant to the terms of the Settlement; 26 and (j) performing other tasks as the Parties mutually agree to and/or the Court orders ILYM Group 27 to perform. 28 -2- Declaration of Cassandra Polites Case No. 21CV02456 4 On December 13, 2023, ILYM Group received the Court approved text for the Class Notice Packet from Class Counsel. ILYM Group prepared a draft of the formatted Class Notice Packet, which was approved by the Parties’ Counsel prior to mailing. 5 On February 4, 2024, ILYM Group received the class data file from Counsel for Defendant, which contained the name, social security number, last known mailing address, and the number of workweeks and PAGA pay periods for each Class Member and Aggrieved Employee. The data file was uploaded to our database and checked for duplicates and other possible discrepancies. The Class List contained unique records for 574 individuals who worked a total of 58,351 work weeks. 10 6 As part of the preparation for mailing, all 574 names and addresses contained in the 11 Class List were then processed against the National Change of Address (“NCOA”) database, 12 maintained by the United States Postal Service (“USPS”), for purposes of updating and confirming 13 the mailing addresses of the Class Members before mailing of the Class Notice Packet. The NCOA 14 contains requested change of addresses filed with the USPS. To the extent that an updated address 15 was found in the NCOA database, the updated address was used for the mailing of the Class Notice 16 Packet. To the extent that no updated address was found in the NCOA database, the original address 17 provided by Counsel for Defendants was used for the mailing of the Class Notice Packet. 18 7 On February 26, 2024, the Class Notice Packet was mailed, in both English and 19 Spanish, via U.S First Class Mail, to all 574 individuals contained in the Class List. Attached hereto, 20 as Exhibit A, is a true and correct copy of the mailed Class Notice Packet. 21 8 As of the date of this declaration, 60 Class Notice Packets have been returned to our 22 office of which none were returned with a forwarding address. ILYM Group performed a 23 computerized skip trace on the 60 returned Class Notice Packets that did not have a forwarding 24 address, in an effort to obtain an updated address for the purpose of re-mailing the Class Notice 25 Packet. As a result of this skip trace, 38 updated addresses were obtained and the Class Notice 26 Packets were promptly re-mailed to those Class Members, via U.S. First Class Mail. 27 9. As of the date of this declaration, a total of 38 Class Notice Packets have been re- 28 mailed as a result of ILYM Group’s skip tracing efforts. -3- Declaration of Cassandra Polites Case No. 21CV02456 10. As of the date of this declaration, a total of 22 Class Notice Packets have been deemed undeliverable as no updated addresses were found notwithstanding the skip tracing. ll. As of the date of this declaration, ILYM Group has not received any request for exclusion. The deadline to request exclusion from the Settlement is April 11, 2024. 12. As of the date of this declaration, ILYM Group has not received any objections to the Settlement. The deadline to submit a written objection to the Settlement is April 11, 2024. 13. As of the date of this declaration, ILYM Group has not received any disputes from a Class Member. The deadline to submit a dispute is April 11, 2024. 14. The Net Settlement Amount available to Participating Class Members is estimated 10 to be $340,230.00 and was calculated by subtracting the requested attorneys’ fees $212,500.00, the 11 amount allocated for litigation costs and expenses $20,000.00, the requested Class Representative’ s 12 Service Payments $30,000.00, the requested Administration Expenses Payment $14,770.00, the 13 LWDA Payment $15,000.00 and the PAGA Penalties allocation to Aggrieved Employees 14 $5,000.00 from the Gross Settlement Amount $637,500.00. 15 15. As of this date, there are 574 Class Members who did not submit a timely and valid 16 Request for Exclusion and are therefore deemed to be Participating Class Members. The Individual 17 Class Payment is allocated on a pro rata basis using their work weeks worked. 18 16. The highest Individual Class Payment to a Participating Class Member is currently 19 estimated to be approximately $1,635.93 and the average Individual Class Payment is currently 20 estimated to be approximately $592.74. These amounts are subject to employee-side tax and 21 withholdings. 22 17. Pursuant to the Agreement, 25% of the PAGA Penalties payment (i.e., $5,000.00) 23 will be allocated to Aggrieved Employees regardless of whether he or she opted outs of the Class 24 Settlement (“Employee PAGA Amount”); Aggrieved Employees cannot opt out of the PAGA 25 Settlement. The Employee PAGA Amount is allocated on a pro rata basis using their PAGA Pay 26 Periods. There are 417 Aggrieved Employees who worked 15,795 pay periods during the PAGA 27 period. 28 -4- Declaration of Cassandra Polites Case No. 21CV02456 18. The highest Individual PAGA Payment to an Aggrieved Employee is currently estimated to be approximately $19.63 and the average Individual PAGA Payment is currently estimated to be approximately $11.99. 19. ILYM Group’s total fees and costs for services in connection with the administration of this Settlement, which includes fees and costs incurred to-date, as well as anticipated fees and costs for completion of the settlement administration, are $14,770.00. ILYM Group’s work in connection with this matter will continue with the calculation of the settlement award payments, issuance and mailing of the settlement award checks, the necessary tax filing and reporting on such payments, and any other tasks that the Parties mutually agree to and/or the Court orders ILYM 10 Group to perform. 11 12 I declare under penalty of perjury under the laws of the State of California and the United 13 States that the foregoing is true and correct to the best of my knowledge and that this Declaration 14 was executed this 8"" day of April 2024, at Tustin, California. 15 4 16 a _——_— 17 CASSANDRA POLITES 18 19 20 21 22 23 24 25 26 27 28 -5- Declaration of Cassandra Polites Case No. 21CV02456 EXHIBIT “A” COURT APPROVED NOTICE OF CLASS ACTION SETTLEMENT AND HEARING DATE FOR FINAL COURT APPROVAL Daniel Hayes, et al. v. Gonzales Park, LLC, et al. Courtney Melvinv. Gonzales Park, LLC, et al. Case Nos. 21CV 02456 and 22CV01119 The Superior Court for the State of California authorized this Notice. Read it carefully! It’s not junk mail, spam, an advertisement, or solicitation by a lawyer. You are not being sued. You may be eligible to receive money from an employee class action and representative action lawsuits (“Action”) against Gonzales Park, LLC and Project Fusion, LLC (“Gonzales Park”) for alleged wage and hour violations. The Action was filed by former Gonzales Park employees Daniel Hayes, Audrey Migliaccio, and Courtney Melvin (“Plaintiffs”) and seeks payment of back wages and other relief for a class of non-exempt, hourly-paid employees (“Class Members”) who worked for Gonzales Park in California during the Class Period (September 30, 2017 to February 14, 2023); and (2) penalties under the California Private Attorneys General Act (“PAGA”) for all non-exempt, hourly-paid employees who worked for Gonzales Park in California during the PAGA Period (October 1, 2020 to February 14, 2023) (“Aggrieved Employees”). The proposed Settlement has two main parts: (1) a Class Settlement requiring Gonzales Park to fund Individual Class Payments, and (2) a PAGA Settlement requiring Gonzales Park to fund Individual PAGA Payments and pay penalties to the California Labor and Workforce Development Agency (“LWDA”). Based on Gonzales Park’s records, and the Parties’ current assumptions, your Individual Class Payment is estimated to be $<> (less withholding) and your Individual PAGA Payment is estimated to be $<>. The actual amount you may receive likely will be different and will depend on a number of factors. (If no amount is stated for your Individual PAGA Payment, then according to Gonzales Park’s records you are not eligible for an Individual PAGA Payment under the Settlement because you didn’t work during the PAGA Period.) The above estimates are based on Gonzales Park ’s records showing that you worked $<> workweeks during the Class Period and you worked $<>workweeks during the PAGA Period. If you believe that you worked more workweeks during either period, you can submit a challenge by the deadline date. See Section 4 of this Notice. The Court has already preliminarily approved the proposed Settlement and approved this Notice. The Court has not yet decided whether to grant final approval. Y our legal rights are affected whether you act or not act. Read this Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiffs and Plaintiffs’ attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires Gonzales Park to make payments under the Settlement and requires Class Members and Aggrieved Employees to give up their rights to assert certain claims against Gonzales Park. If you worked for Gonzales Park during the Class Period and/or the PAGA Period, you have two basic options under the Settlement: (1) Do Nothing. You don’t have to do anything to participate in the proposed Settlement and be eligible for an Individual Class Payment and/or an Individual PAGA Payment. As a Participating Class Member, though, you will give up your right to assert Class Period wage claims and PAGA Period penalty claims against Gonzales Park . (2) Opt-Out of the Class Settlement. Y ou can exclude yourself from the Class Settlement (opt-out) by submitting the written Request for Exclusion or otherwise notifying the Administrator in writing. If you opt-out of the Settlement, you will not receive an Individual Class Payment. You will, however, preserve your right to personally pursue Class Period wage claims against Gonzales Park, and, if you are an Aggrieved Employee, remain eligible for an Individual PAGA Payment. You cannot opt-out of the PAGA portion of the proposed Settlement. Gonzales Park will not retaliate against you for any actions you take with respect to the proposed Settlement. SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT You Don’t Have to Do If you do nothing, you will be a Participating Class Member, eligible for an Individual Class Payment Anything to Participate in | and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the the Settlement wage claims against Gonzales Park that are covered by this Settlement (Released Claims). Page 1 of 6 ILYM ID: PC You Can Opt-out of the If you don’t want to fully participate in the proposed Settlement, you can opt-out of the Class Class Settlement but not the Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will PAGA Settlement be a Non-Participating Class Member and no longer eligible for an Individual Class Payment. Non- Participating Class Members cannot object to any portion of the proposed Settlement. See Section 6 of this Notice. The Opt-out Deadline is April,11 2024 You cannot opt-out of the PAGA portion of the proposed Settlement. Gonzales Park must pay Individual PAGA Payments to all Aggrieved Employees and the Aggrieved Employees must give up their rights to pursue Released Claims (defined below). Participating Class All Class Members who do not opt-out (“Participating Class Members”) can object to any aspect of Members Can Object to the the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include Class Settlement but not a determination of how much will be paid to Class Counsel and Plaintiffs who pursued the Action the PAGA Settlement on behalf of the Class. You are not personally responsible for any payments to Class Counsel or Plaintiffs, but every dollar paid to Class Counsel and Plaintiffs reduces the overall amount paid to Written Objections Must be Participating Class Members. Y ou can object to the amounts requested by Class Counsel or Plaintiffs Submitted by April, 11 2024 if you think they are unreasonable. See Section 7 of this Notice. You Can Participate in the The Court’s Final Approval Hearing is scheduled to take place on May 1, 2024 .You don’t have to May 1, 2024 Final attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own Approval Hearing cost), in person, by telephone or by using the Court’s virtual appearance platform. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. See Section 8 of this Notice. You Can Challenge the The amount of your Individual Class Payment and PAGA Payment (if any) depend on how many Calculation of Your workweeks you worked at least one day during the Class Period and how many Pay Periods you Workweeks/Pay Periods worked at least one day during the PAGA Period, respectively. The number Class Period Workweeks and number of PAGA Period Pay Periods you worked according to Gonzales Park’s Written Challenges Must be records is stated on the first page of this Notice. If you disagree with either of these numbers, you Submitted by April, 11 2024 must challenge it by April,11 2024 See Section 4 of this Notice. 1 WHAT IS THE ACTION ABOUT? Plaintiffs are former Gonzales Park employees. The Action accuses Gonzales Park of violating California labor laws by failing to pay minimum and overtime wages, failing to provide meal periods and rest breaks, failing to pay wages due upon termination, failing to provide accurate itemized wage statements, and failing to indemnify employees for expenditures. Based on the same claims, Plaintiff Courtney Melvin has also asserted a claim for civil penalties under the California Private Attorneys General Act (Labor Code §§ 2698, et seq.) (“PAGA”). Plaintiffs are represented by attorneys in the Action: Justin F. Marquez, Benjamin H. Haber, and DanielJ. Kramer of Wilshire Law Firm, PLC (“Class Counsel.”). Gonzales Park strongly denies violating any laws or failing to pay any wages and contends it complied with all applicable laws. 2. WHAT DOES IT MEAN THAT THE ACTION HAS SETTLED? So far, the Court has made no determination whether Gonzales Park or Plaintiffs is correct on the merits. In the meantime, Plaintiffs and Gonzales Park hired an experienced, neutral mediator in an effort to resolve the Action by negotiating to end the case by agreement (settle the case) rather than continuing the expensive and time-consuming process of litigation. The negotiations were successful. By signing a lengthy written settlement agreement (“Agreement”) and agreeing to jointly ask the Court to enter a judgment ending the Action and enforcing the Agreement, Plaintiffs and Gonzales Park have negotiated a proposed Settlement that is subject to the Court’s Final Approval. Both sides agree the proposed Settlement is a compromise of disputed claims. By agreeing to settle, Gonzales Park does not admit any violations or concede the merit of any claims. Plaintiffs and Class Counsel strongly believe the Settlement is a good deal for you because they believe that: (1) Gonzales Park has agreed to pay a fair, reasonable and adequate amount considering the strength of the claims and the risks and uncertainties of continued litigation; and (2) Settlement is in the best interests of the Class Members and A ggrieved Employees. The Court preliminarily approved the proposed Settlement as fair, reasonable and adequate, authorized this Notice, and scheduled a hearing to determine Final A pproval. 3. WHAT ARE THE IMPORTANT TERMS OF THE PROPOSED SETTLEMENT? Page 2 of 6 ILYM ID: PC Gonzales Park Will Pay $637,500 as the Gross Settlement Amount (Gross Settlement). Gonzales Park has agreed to deposit the Gross Settlement into an account controlled by the Administrator of the Settlement. The Administrator will use the Gross Settlement to pay the Individual Class Payments, Individual PAGA Payments, the Class Representatives’ Service Payments, Class Counsel’s attorneys’ fees and expenses, the A dministrator’s expenses, and penalties to be paid to the LWDA. Assuming the Court grants Final Approval, Gonzales Park will fund the Gross Settlement not more than 30 days after the Judgment entered by the Court becomes final. The Judgment will be final on the date the Court enters Judgment, or a later date if Participating Class Members object to the proposed Settlement or the Judgment is appealed. Court Approved Deductions from Gross Settlement. At the Final Approval Hearing, Plaintiffs and/or Class Counsel will ask the Court to approve the following deductions from the Gross Settlement, the amounts of which will be decided by the Court at the Final A pproval Hearing: A Up to $212,500 (33 1/3% of the Gross Settlement) to Class Counsel for attorneys’ fees and up to $20,000 for their litigation expenses. To date, Class Counsel have worked and incurred expenses on the Action without payment. Up to $10,000 each to Plaintiffs Daniel Hayes, Audrey Migliaccio, and Courtney Melvin for filing the Action, working with Class Counsel and representing the Class. The Class Representatives’ Service Payments will be the only monies Plaintiffs will receive other than Plaintiffs’ Individual Class Payment and any Individual PAGA Payment. Up to $15,000 to the Administrator for services administering the Settlement. Up to $20,000 for PAGA Penalties, allocated 75% to the LWDA PAGA Payment and 25% in Individual PAGA Payments to the Aggrieved Employees based on their PAGA Period Pay Periods. Participating Class Members have the right to object to any of these deductions. The Court will consider all objections. Net Settlement Distributed to Class Members. After making the above deductions in amounts approved by the Court, the Administrator will distribute the rest of the Gross Settlement (the “Net Settlement”) by making Individual Class Payments to Participating Class Members based on their Class Period Workweeks. Taxes Owed on Payments to Class Members. Plaintiffs and Gonzales Park are asking the Court to approve an allocation of 25% of each Individual Class Payment to taxable wages (“Wage Portion”) and 75% to penalties and interest (“Non-Wage Portion.). The Wage Portion is subjectto withholdings and will be reported on IRS W-2 Forms. Gonzales Park will separately pay employer payroll taxes it owes on the Wage Portion. The Individual PAGA Payments are counted as penalties rather than wages for tax purposes. The Administrator will report the Individual PAGA Payments and the Non-Wage Portions of the Individual Class Payments on IRS 1099 Forms. Although Plaintiffs and Gonzales Park have agreed to these allocations, neither side is giving you any advice on whether your Payments are taxable or how much you might owe in taxes. You are responsible for paying all taxes (including penalties and interest on back taxes) on any Payments received from the proposed Settlement. Y ou should consult a tax advisor if you have any questions about the tax consequences of the proposed Settlement. Need to Promptly Cash Payment Checks. The front of every check issued for Individual Class Payments and Individual PAGA Payments will show the date when the check expires (the void date). If you don’t cash it by the void date, your check will be automatically cancelled, and the monies will be irrevocably lost to you because they will be paid to a non-profit organization, the Koinonia Family Services, P.O. Box 1403, 3731 Magnolia Street, Loomis, California 95650 (“Cy Pres Beneficiary”). Requests for Exclusion from the Class Settlement (Opt-Outs). You will be treated as a Participating Class Member, participating fully in the Class Settlement, unless you notify the Administrator in writing, not later than April, 11 2024, that you wish to opt-out. The easiest way to notify the Administrator is to send a written and signed Request for Exclusion by April, 11 2024,. The Request for Exclusion should be a letter from a Class Member or his/her representative setting forth a Class Member’s name, present address, telephone number, and a simple statement electing to be excluded from the Settlement. Excluded Class Members (i.e., Non-Participating Class Members) will not receive Individual Class Payments, but will preserve their rights to personally pursue wage and hour claims against Gonzales Park. Y ou cannot opt-out of the PAGA portion of the Settlement. Class Members who exclude themselves from the Class Settlement (Non-Participating Class Members) remain eligible for Individual PAGA Payments and are required to give up their right to assert PAGA claims against Gonzales Park based on the PAGA Period facts alleged in the Action. Page 3 of 6 ILYM ID: PC The Proposed Settlement Will be Void if the Court Denies Final Approval. It is possible the Court will decline to grant Final Approval of the Settlement or decline enter a Judgment. It is also possible the Court will enter a Judgment that is reversed on appeal. Plaintiffs and Gonzales Park have agreed that, in either case, the Settlement will be void: Gonzales Park will not pay any money and Class Members will not release any claims against Gonzales Park. Administrator. The Court has appointed a neutral company, ILYM Group, Inc. (the “Administrator”) to send this Notice, calculate and make payments, and process Class Members’ Requests for Exclusion. The Administrator will also decide Class Member Challenges over Workweeks, mail and re-mail settlement checks and tax forms, and perform other tasks necessary to administer the Settlement. The Administrator’s contact information is contained in Section 9 of this Notice. Participating Class Members’ Release. After the Judgment is final and Gonzales Park has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Gonzales Park or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Gonzales Park and each of its former and present directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns, subsidiaries, and affiliates (the “Released Parties”) from all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaints and ascertained in the course of the Action, including any and all claims for: (1) failure to pay minimum and straight time wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) failure to timely pay final wages at termination; (6) failure to provide accurate itemized wage statements; (7) failure to indemnify necessary business expenses; and (8) violation of California’s Unfair Competition Law, California Business and Professions Code §§ 17200, et seq. Except as set forth in Section 5.3 of the Settlement A greement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period. 10. Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, and Gonzales Park has paid the Gross Settlement (and separately paid the employer-side payroll taxes), all Aggrieved Employees will be barred from asserting PAGA claims against Gonzales Park , whether or not they exclude themselves from the Settlement. This means that all A ggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Gonzales Park or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows: All Participating and Non-Participating Class Members who are A ggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attomeys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaints, and the PAGA Notice and ascertained in the course of the Action, including and any all claims for (1) failure to pay minimum and straight time wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) failure to timely pay final wages at termination; (6) failure to provide accurate itemized wage statements; and (7) failure to indemnify necessary business expenses. HOW WILL THE ADMINISTRATOR CALCULATE MY PAYMENT? Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Member. Page 4 of 6 ILYM ID: PC Individual PAGA Payments. The Administrator will calculate Individual PAGA Payments by (a) dividing $5,000 by the total number of PAGA Pay Periods worked by all Aggrieved Employees and (b) multiplying the result by the number of PAGA Period Pay Periods worked by each individual A ggrieved Employee. Workweek/Pay Period Challenges. The number of Class Workweeks you worked during the Class Period and the number of PAGA Pay Periods you worked during the PAGA Period, as recorded in Gonzales Park’s records, are stated in the first page of this Notice. Y ou have until April,11 2024 to challenge the number of Workweeks and/or Pay Periods credited to you. You can submit your challenge by signing and sending a letter to the Administrator via mail, email or fax. Section 9 of this Notice has the Administrator’s contact information. Y ou need to support your challenge by sending copies of pay stubs or other records. The Administrator will accept Gonzales Park’s calculation of Workweeks and/or Pay Periods based on Gonzales Park’s records as accurate unless you send copies of records containing contrary information. You should send copies rather than originals because the documents will not be retumed to you. The Administrator will resolve Workweek and/or Pay Period challenges based on your submission and on input from Class Counsel (who will advocate on behalf of Participating Class Members) and Gonzales Park’s Counsel. The Administrator’s decision is final. Y ou can’t appeal or otherwise challenge its final decision. HOW WILL I GET PAID? Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out) including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment. Non-Participating Class Members. The Administrator will send, by U.S. mail, a single Individual PAGA Payment check to every Aggrieved Employee who opts out of the Class Settlement (i.e., every Non-Participating Class Member). Your check will be sent to the same address as this Notice. If you change your address, be sure to notify the Administrator as soon as possible. Section 9 of this Notice has the Administrator’s contact information. 6. HOW DO I OPT-OUT OF THE CLASS SETTLEMENT? Submit a written and signed letter with your name, present address, telephone number, and a simple statement that you do not want to participate in the Settlement. The Administrator will exclude you based on any writing communicating your request be excluded. Be sure to personally sign your request, identify the Action as Daniel Hayes, et al. v. Gonzales Park, LLC, et al., and include your identifying information (full name, address, telephone number, approximate dates of employment, and social security number for verification purposes). You must make the request yourself. If someone else makes the request for you, it will not be valid. The Administrator must be sent your request to be excluded by April, 11 2024, or it will be invalid. Section 9 of the Notice has the Administrator’s contact information. 7, HOW DOI OBJECT TO THE SETTLEMENT? Only Participating Class Members have the right to object to the Settlement. Before deciding whether to object, you may wish to see what Plaintiffs and Gonzales Park are asking the Court to approve. At least 16 days before the May 1, 2024 Final Approval Hearing, Class Counsel and/or Plaintiffs will file in Court (1) a Motion for Final Approval that includes, among other things, the reasons why the proposed Settlement is fair, and (2) a Motion for Fees, Litigation Expenses and Service A ward stating (i) the amount Class Counsel is requesting for attorneys’ fees and litigation expenses; and (ii) the amount Plaintiffs are requesting as the Class Representatives’ Service Awards. Upon reasonable request, Class Counsel (whose contact information is in Section 9 of this Notice) will send you copies of these documents at no cost to you. You can also view them on the Administrator’s Website https://ilymgroup.com/GonzalesPark or the Court’s website https://portal-cabutte.tylertech.cloud/Portal. A Participating Class Member who disagrees with any aspect of the Agreement, the Motion for Final Approval and/or Motion for Fees, Litigation Expenses and Service Award may wish to object, for example, that the proposed Settlement is unfair, or that the amounts requested by Class Counsel or Plaintiffs are too high or too low. The deadline for sending written objections to the Administrator is April, 11 2024. Be sure to tell the Administrator what you object to, why you object, and any facts that support your objection. Make sure you identify the Action as Daniel Hayes, et al. v. Gonzales Park, LLC, et al., and include your name, current address, telephone number, and approximate dates of employment for Gonzales Park and sign the objection. Section 9 of this Notice has the Administrator’s contact information. Page 5 of 6 ILYM ID: PC Alternatively, a Participating Class Member can object (or personally retain a lawyer to object at your own cost) by attending the Final Approval Hearing. Y ou (or your attorney) should be ready to tell the Court what you object to, why you object, and any facts that support your objection. See Section 8 of this Notice (immediately below) for specifics regarding the Final A pproval Hearing. 8. CANIATTEND THE FINAL APPROVAL HEARING? You can, but don’t have to, attend the Final Approval Hearing on May 1, 2024 at 9:00 a.m. in Department 1 of the Butte County Superior Court, located at 1775 Concord Avenue, Chico, Califomia 95928. At the Hearing, the judge will decide whether to grant Final Approval of the Settlement and how much of the Gross Settlement will be paid to Class Counsel, Plaintiffs, and the Administrator. The Court will invite comment from objectors, Class Counsel and Defense Counsel before making a decision. You can attend (or hire a lawyer to attend) personally. Check the Court’s website for the most current information (fresno.courts.ca.gov). It’s possible the Court will reschedule the Final Approval Hearing. You should check the Administrator’s website https://ilymgroup.com/GonzalesPark beforehand or contact Class Counsel to verify the date and time of the Final A pproval Hearing. 9. HOW CANIGET MORE INFORMATION? The Agreement sets forth everything Gonzales Park and Plaintiffs have promised to do under the proposed Settlement. The easiest way to read the Agreement, the Judgment or any other Settlement documents is to go to ILYM Group’s website at https://ilymgroup.com/GonzalesPark. Y ou can also telephone or send an email to Class Counsel or the Administrator using the contact information listed below, or consult the Superior Court website by going to (https://www.fresno.courts.ca.gov/online-services/case- information) and entering the Case Number for the Action, Case No. 21CV 02456. DO NOT TELEPHONE THE SUPERIOR COURT TO OBTAIN INFORMATION ABOUT THE SETTLEMENT. Class Counsel: SettlementA dministrator: Justin F. Marquez ILYM Group, Inc. justin@wilshirelawfirm.com P.O. Box 2031 Benjamin H. Haber Tustin, CA 92781 benjamin@wilshirelawfirm.com Telephone: (888) 250-6810 Daniel J. Kramer Fax: (888) 845-6185 kramer@wilshirelawfirm.com Email: claims@ilymgroup.com WILSHIRE LAW FIRM 3055 Wilshire Blvd., 12th Floor Los Angeles, CA 90010 Telephone: (213) 381-9988 Facsimile: (213) 381-9989 10. WHAT IF I LOSE MY SETTLEMENT CHECK? If you lose or misplace your settlement check before cashing it, the Administrator will replace it as long as you request a replacement before the void date on the face of the original check. If your check is already void you should consult the Unclaimed Property Fund website for instructions on how to retrieve the funds. 11. WHAT IF I CHANGE MY ADDRESS? To receive your check, you should immediately notify the Administrator if you move or otherwise change your mailing address. Page 6 of 6 ILYM ID: PC NOTIFICACION APROBADA POR EL TRIBUNAL SOBRE LA RESOLUCION DE LA DEMANDA COLECTIVA Y FECHA DE LA AUDIENCIA PARA LA APROBACION DEFINITIVA EN EL TRIBUNAL Daniel Hayes, y otros, contra Gonzales Park, LLC, y otros. Courtney Melvin contra Gonzales Park, LLC, y otros. Caso N° 21CV 02456 y 22CV01119 EI Tribunal Superior del Estado de California autorizé la presente Notificacién. jLéala detenidamente! Esto no es un correo basura, ni spam, ni publicidad, ni una solicitud de un abogado. Usted no esta siendo demandado. Usted puede ser elegible para recibir dinero de una demanda colectiva de empleados y demandas de accién representativa ("Demanda") contra Gonzales Park, LLC y Project Fusion, LLC ("Gonzales Park") por presuntas violaciones en materia de salarios y horas de trabajo. La Demanda fue presentada por los ex empleados de Gonzales Park Daniel Hayes, Audrey Migliaccio y Courtney Melvin ("Demandantes") y exige el pago de los salarios atrasados y otras compensaciones para un colectivo de empleados no exentos y pagados por hora ("Miembros del Colectivo") que trabajaron para Gonzales Park en Califomia durante el Periodo del Colectivo (del 30 de Septiembre de 2017 al 14 de Febrero de 2023); y (2) sanciones en virtud de la Ley General de Abogados Privados de California ("PAGA") para todos los empleados no exentos, pagados por hora, que trabajaron para Gonzales Park en California durante el Periodo de PAGA (1 de Octubre de 2020 al 14 de Febrero de 2023) ("Empleados A graviados"). La Resolucién propuesta tiene dos partes principales: (1) la Resolucién del Colectivo que requiere que Gonzales Park provea los fondos para los Pagos del Colectivo Individuales, y (2) la Resolucion de PAGA que requiere que Gonzales Park provea los fondos para los Pagos de PAGA Individuales y pague las respectivas sanciones a la Agencia de Desarrollo Laboral y de la Fuerza de Trabajo de California ("LWDA", por sus siglas en inglés). Seguin los registros de Gonzales Park y las suposiciones actuales de las Partes, su Pago del Colectivo Individual se estima en <> (menos la retencion) y su Pago de PAGA Individual se estima en <>. El importe real que reciba probablemente sera diferente y dependerd de varios factores. (Si no se indica un monto para su Pago de PAGA Individual, entonces en base a los registros de Gonzales Park usted no es elegible para el Pago de PAGA Individual conforme a la Resolucién ya que no trabajé durante el Periodo de PAGA). Las estimaciones anteriores han sido calculadas segun los registros de Gonzales Park que muestran que usted trabajé <> semanas laborales durante el Periodo del Colectivo y usted trabajé <> semanas laborales durante el Periodo de PAGA. Si cree que trabajé mas semanas laborables en cualquiera de los dos periodos, puede presentar una impugnacion antes de la fecha limite. Consulte la seccién 4 de la presente Notificacion. El Tribunal ya ha aprobado de forma preliminar la Resolucion propuesta y ha aprobado esta Notificacion. El Tribunal atin no ha decidido si concederd la aprobacion definitiva. Sus derechos legales se veran afectados tanto si acta como si no. Lea detenidamente esta Notificacion. Se consideraré que la ha leido y comprendido en su totalidad. En la Audiencia de A probacion Definitiva, el Tribunal decidira si aprueba definitivamente la Resolucion y qué parte de la misma se pagard a los Demandantes y a los abogados de los Demandantes ("A bogados del Colectivo"). El Tribunal también decidird si dicta una sentencia que obligue a Gonzales Park a efectuar pagos en virtud de la Resolucién y que obligue alos Miembros del Colectivo y alos Empleados A graviados a renunciar a sus derechos de presentar ciertas reclamaciones contra Gonzales Park. Si usted trabajo para Gonzales Park durante el Periodo del Colectivo y/o el Periodo de PAGA, tiene dos opciones basicas en virtud de la Resolucion: (1) No hacer nada. No tiene que hacer nada para participar en la Resolucion propuesta y ser elegible para recibir el Pago del Colectivo Individual y/o el Pago de PAGA Individual. Sin embargo, como Miembro del Colectivo Participante, renunciara a su derecho de presentar reclamaciones salariales durante el Periodo de la Demanda Colectiva y reclamaciones por la sanciones incurridas durante el Periodo de PAGA contra Gonzales Park. (2) Excluirse de la Resolucién del Colectivo. Puede excluirse de la Resolucion del Colectivo (optar por la exclusién) presentando la Solicitud de Exclusi6n por escrito o notificandoselo de cualquier otra forma al A dministrador por escrito. Si opta por excluirse de la Resolucion, no recibird