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LADVA LAW FIRM.
ASHWIN LADVA (SBN 206140)
$30 Jackson St., 2™ Floor
San Francisco, CA 94133
Telephone: (415) 296-8844
LAW OFFICES OF DANIEL VEGA
DANIEL MARTINEZ DE LA VEGA (SBN 255885)
201 Spear Street, Suite 1100
San Francisco, CA 94105
Telephone: (415) 704-5067
Attorneys for Plaintiffs and Cross-Defendants
Salvatore Mineo, Phillip Thomas Nails, Benjamin Duax
and David Hayward and Plaintiff Gina Schembari
JONES BOTHWELL DION & THOMPSON LLP
ELIZABETH THOMPSON (SBN 112888)
PAUL J. DION (SBN 088231)
44 Montogomery Street, Suite 610
San Francisco, CA 94104
Telephone: (415) 951-8900
Attomeys for Defendant and Cross-Complainant
CitySightseeing Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO, UNLIMITED JURISDICTION
SALVATORE MINEO, GINA SCHEMBARI,
PHILLIP THOMAS NAILS, BENJAMIN
DUAX and DAVID HAYWARD, individually
and on behalf of all others similarly situated,
Plaintiff,
v.
CITYSIGHTSEEING CORPORATION, a
Delaware corporation, and DOES 1 through
500, inclusive,
Defendants.
SUPPLEMENTAL DECLARATION OF STEPHEN GOMEZ REGARDING NOTICE AND SETTLEMENT ~
ADMINISTRATION
ELECTRONICALLY
FILED
Supertor Court of California,
County of San Francisco
04/25/2016
Clerk of the Court
BY-RONNIE OTERO
Deputy Clerid
Case No. CGC-10-504804
‘LASS ACTION
SUPPLEMENTAL DECLARATION OF
STEPHEN GOMEZ REGARDING
NOTICE AND
SETTLEMENT ADMINISTRATIONwo aI A WwW BP YW YD =
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28
DECLARATION OF STEPHEN GOMEZ
J, STEPHEN GOMEZ, hereby declare:
1. lam employed as a Case Manager by Simpluris, Inc. (“Simpluris”), the claims
administrator in the above-entitled action. Our Corporate Office address is 3176 Puliman Street, Suite
123, Costa Mesa, CA 92626. My telephone number is (714) 640-5657, J am over twenty-one years of
age and authorized to make this declaration on behalf of Simpluris and myself.
2. Simpluris is a Class Action Settlement Administration company located in Costa Mesa,
California. It was founded by individuals who have each managed hundreds of settlements, along with
professionals in the areas of Software Development, Third-Party Claims Administration, Mail-House
Operations, and Call Center Support Management,
3. Simpluris was engaged by Counsel for the Class Representatives (“Plaintiff”), and
CitySightseeing Corporation (“Defendant”), (collectively the “Parties”), to provide settlement
administration services. In this capacity, Simpluris was charged with (a) establishing and maintaining a
related settlement fund account; (b) establishing and maintaining a calendar of administrative deadlines
and responsibilities; (c) printing and mailing the Notice of Class Action Settlement and the Verification
Form (“Notice Packet”), to Class Members in English as directed by the Court; (d) receiving and
validating claims and Verification Forms (e) receiving and reporting Opt Out requests submitted by
Class Members; (f) receiving and validating Objections; (g) processing and mailing payments to the
Plaintiffs, Class Counsel and Claimants; {h) calculating Employer Payroll Taxes and providing
appropriate forms and calculations to Defendant; (i) mailing settlement checks, and (j) other tasks as
the Parties mutually agree or the Court orders Simpluris to perform.
TOLL FREE TELEPHONE HELPLINE
4, A toll-free telephone number was included in the Class Notice for the purpose of
allowing the Class Members to call Simpluris and to make inquiries regarding the Settlement, The
system is accessible in English and Spanish 24 hours a day, 7 days a week, and will remain in operation
throughout the settlement process. Callers have the option to speak with a live call center
representative during normal business hours or to leave a message and receive a return call during non-
business hours. Spanish-speaking representatives are available during normal business hours. The toll-
1
P ‘LARATION OF STEP! RDING NOTIE TTL
ADMINISTRATIONcm N A YU B® wWwN
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20
free telephone number included in the Class Notice was (888) 369-3780 and was active on September
25, 2015.
NOTIFICATION TO THE CLASS
5. On June 8, 2015, Simpluris received the Court-approved the Notice of Class Action
Settlement and the Verification Form (“Notice Packet”), from Counsel. The Notice Packet advised
Class Members of their right to receive a claim by returning the Verification Form, Opt Out from the
Settlement, Object to the Settlement, and Do Nothing, and the implications of each such action. The
Notice Packet advised Class Members of applicable deadlines and other events, including the Final
Approval Hearing, and how Class Members could obtain additional information. A copy of the Notice
Packet is attached as Exhibit A.
6. On June 8, 2015, Counsel for Defendant provided Simpluris with a mailing list
(“Class List”) containing Class Members’ names, most recent mailing address and telephone numbers.
The Class List contained data for one hundred thitty-six (136) Class Members.
7. On August 12, 2015, Counsel for Defendant provided Simpluris with a list containing
Class Members’ social security numbers.
8 The mailing addresses contained in the Class List were processed and updated utilizing
the National Change of Address Database (“NCOA”) maintained by the U.S. Postal Service. The
NCOA contains requested changes of address filed with the U.S. Postal Service. In the event that any
individual had filed a U.S. Postal Service change of address request, the address listed with the NCOA
would be utilized in connection with the mailing of the Notice Packets.
9. On September 25, 2015, Notice Packets were mailed to one hundred thirty-six (136)
Class Members with addresses contained in the Class List via First Class mail.
10. Ifa Class Member’s Class Notice Packet was returned by the USPS as undeliverable and
without a forwarding address, Simpluris performed an advanced address search (i.e. skip trace) on all of
these addresses by using Accurint, a reputable research tool owned by Lexis-Nexis. Simpluris used the
Class Member’s name and previous address to locate a current address. Through the advanced address
searches, Simpluris was able to locate twenty-four (24) updated addresses and Simpluris promptly
2
~~ SUPPLEMENTAL DECLARATION OF STEPHEN GOMEZ REGARDING NOTICE AND SETTLEMENT
ADMINISTRATIONeo Oo NA A Fw ND
mailed Class Notice Packets to those updated addresses. Ultimately, there were six (6) Notice Packets
that remained undeliverable.
11. On January 18, 2016, Defense Counsel notified Simpluris that a class member should be
removed from the Class as he did not work at a location covered in the lawsuit. As a result, the class
size was adjusted to one hundred thirty-five (135) Class Members.
12. On January 27, 2016, Defense Counsel provided Simpluris with an updated list of Class
Members’ telephone numbers. Of the phone numbers provided, Simpluris attempted phone calls to
fifty-eight (58) Class Members who had not submitted a Verification Form. Through the process,
Simpluris left nineteen (19) voicemail messages and spoke with ten (10) Class Members and
subsequently remailed those members Notice Packets.
13. On February 22, 2016, Simpluris performed an additional NCOA database search to
locate the most current addresses and mailed a Reminder Postcard to seventy-three (73) Class Members
who had not submitted a Verification Form as of that date. A copy of the Reminder Postcard is attached
as Exhibit B.
CLAIMS AND SETTLEMENT PAYMENTS
14. As of April 22, 2016, Simpluris has received sixty-six (66) Verification Forms, fora
response rate of 48.88%. Of the sixty-six (66) Verification Forms, five (5) are currently pending
because the Class Member did not return the required identification documentation along with the
form.
15. As of April 22, 2016, the total amount claimed by the sixty-six (66) Class Members
totals $86,138.12, From that amount, $46,200 is from the base payments of $700, while the remaining
$39,938.12 is from the discretionary payments.
16. The average estimated payment is $1,305.12 and the highest estimated payment is
$3,319.65,
3
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ADMINISTRATIONeC mI DAH HW RW DY
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BXRRBRERRESSReUAGESRES
EXCLUSIONS, DISPUTES, AND OBJECTIONS
17, As of April 22, 2016, Simpluris has not received any Requests for Exclusion.
18. As of April 22, 2016, Simpluris has not received any Objections to the Settlement.
ADMINISTRATION COSTS
19, With regard to Simpluris’ invoice for services in connection with the
Administration of the settlement, Simpluris’ fees and costs are $16,000.00, which includes all work to
conclude Simpluris’ duties and responsibilities pursuant to the settlement, issuance and mailing of
settlement payment checks, to do the necessary tax reporting on such payments, answer class member
questions, and the like.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration was executed on April 22, 2016, in Costa Mesa, California.
Stephen\Gomez
4
~~ SUPPLEMENTAL DECLARATION OF STEPHEN GOMEZ REGARDING NOTICE AND SETTLEMENT
ADMINISTRATIONEXHIBIT ANOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
Salvatore Mineo, Gina Schembari, Phillip Nails, Benjamin Duax and David Hayward v, CitySightseeing Corporation
Case No. CGC-10-504804, Superior Court of California, City and County of San Francisco
TO hourly, non-exempt individuals who performed work for CitySightseeing
Corporation in San Francisco at any time from January 1, 2007 through
October 22, 2010.
A Court authorized this notice. his is not a solicitation from a lawyer,
> THE PURPOSE OF THIS NOTICE IS TO TELL YOU ABOUT A PROPOSED SETTLEMENT OF A CLASS
ACTION AS A RESULT OF WHICH YOU MAY BE ELIGIBLE TO RECEIVE MONETARY BENEFITS, YOU
HAVE BEEN IDENTIFIED AS A CLASS MEMBER. THIS PROPOSED SETTLEMENT MAY AFFECT
YOUR RIGHTS, SO PLEASE READ THIS NOTICE CAREFULLY.
> This settlement will provide $300,000.00 to pay class members in the form of penalties under the California Labor
Code, attomeys’ fees and costs, an incentive fee to the class representatives and the costs of administering this
settlement.
> This settlement resolves the above-entitledclass action lawsuit where Salvatore Mineo, Gina Schembati, Phillip T
Nails, Benjamin Duax, and David Hayward sued CitySightseeing Corporation (“CitySightseeing”), alleging, among
other things, that CitySightseeing failed to pay an overtime rate of pay to them and class members for overtime
work performed.
> This Court has preliminarily approved this settlement, which provides payments to qualified class members who
allegedly were not paid an overtime rate of pay at any time during the period from January 1, 2007 to October 22,
2010.
Your legal rights witl be affected whether you act or don’t act. Please carefully read this entire notice,
Vv
‘You may decide to complete and return the enclosed Verification form by December
24, 2015, to; Mineo v. CitySightSeeing Corporation Class Administrator, ¢/o Simpluris,
P.O. Box 26170, Santa Ana, CA 92799, in which case you will receive a check for your
proportionate share of the Settlement Payment subject to the Court’s final approval of
the settlement.
Ifyou do nothing (do not submit a verification form, do not opt out, or do not object)
ei you will not receive any money, but you will still give up any right you may have to sue
for violations of the type aileged in the operative complaint, including but not limited to
unpaid wages, related claims and penalties released by the settlement and as specified in
Section 8.
You can object to the fairness of the settlement by filing a written objection with the
Court explaining why you don’t like the settlement.
If you timely file an objection, you can come to the hearing and ask to speak to the
Court about the fairness of the settlement,
You may exclude yourself from the settlement of this lawsuit by timely filing a written
Hon! “opt-out” statement and mailing it to, Mineo v. CitySightSeeing Corporation Class
a, Administrator, c/o Simpluris, P.O. Box 26170, Santa Ana, CA 92799.
|
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Page 1 of 6
Notice uf Class Action and Praposed Setttement
‘lotioas SIMD «SIMI»These rights end options — and the deadlines for each — are explained in this Notice,
>» CitySightseeing cannot penalize you for choosing to remain in the settlement and receive a payment.
Similarly, CitySightseeing caunot retaliate against you for objecting to the settlement terms.
> The purpose of this Notice is to explain your rights as a class member and to inform you of your ability to object
to the terms of the settlement.
You will not receive any payment unless the settlement is finally approved by the Court.
Any questions? Read on, or contact Class Counsel at (415) 296-8844.
vv
BASIC INFORMATION
SCRIPTION OF CLASS
The Superior Court of California, City and County of San Francisco, has certified the following class:
All hourly, non-exempt front desk employees, tour guides and bus drivers who performed work for CitySightseeing
Corporation m San Francisco at any time during the period from January 1, 2007 through October 22, 2010, who were paid.
more than $2,000.00 in compensation and who did not receive an overtime rate of pay for overtime work as required under
California Labor Code Section 510 and California Business and Professions Code Section 17200.
You have been identified as a member of the Class. Counsel for the Class are; Ashwin Ladva, Esq., Ladva Law
Firm, 530 Jackson Street, 2 Floor, San Francisco, CA 94133 (415) 296-8844; and Daniel Martinez de la Vega, Esq., Law
Offices of Daniel Vega, 201 Spear Street, Suite 1100, San Francisco, CA 94105 (415) 287-6203.
CitySightseeing records show that you worked as a front desk or inside sales employee, tour guide or bus driver at
some time during the period from January 1, 2007 to October 22, 2010. As such, you are entitled to receive payments under
the terms of the settlement once it has been finally approved by the Court. You have legal rights and options that you may
exercise before the Court makes 2 decision as to whether final approval should be given to the settlement. A hearing wil!
This lawsuit claims, among other things, that from January 1, 2007 through October 22, 2010, CitySightsceing
failed to provide hourly, non-exempt employees overtime wages for overtime work performed. The lawsuit seeks recovery
of unpaid overtime wages, plus penalties and other damages. CitySightseeing vigorously denies the claims asserted in the
lawsuit, The lawsuit has been litigated aggressively, including taking the depositions of the class representatives and ali
key CitySightseeing administrative personnel, the production and review of thousands of documents, and the research and
briefing of numerous legal issues. If this lawsuit is not settled now, a trial of the action will be necessary, the outoome of
which is far from certain both in terms of CitySightseeing’s purported liability and the amount of damages and penalties
sought by plaintiffs. It is possible that, if an adverse ruling were entered against CitySightseeing, an appeal would be taken
which would result in lengthy delays before the claims were resolved.
In order to avoid the continued uncertainty, delay and expense of further litigation, Class Counsel and counsel for
CitySightseeing have agreed to this settlement on terms which are considered by them to be a fair compromise of the risks
of litigation and to be reasonable, adequate and in the best interest of the Class.
The parties have submitted the terms of the proposed settlement to the Court for preliminary approval, After a
preliminary review of the proposed settlement, the Court has directed that the members of the Class be given this notice to
inform them of the proposed settlement and of the procedures the Court will follow to make the final determination whether
the settlement is fair, reasonable and adequate.
CitySightseeing or Plaintiffs are correct.
Page 2 of 6
Notice of Class Action and Proposed Settlement
‘Dates SIMID «SBA»SETTLEMENT BENEFITS — WHAT YOU GET
The full and precise terms of the proposed settlement are contained in the “Stipulation and Agreement re Settlement
and Release” filed with the Court on July 11,2014, This Notice is intended as a summary only. More detailed information
concerning the matters discussed in this Notice may be obtained from the pleadings, orders, Stipulation and Agreement re
Settlement and Release and other documents filed ia this action, all of which may be inspected free of charge during regular
business hours at the office of the Court Clerk, San Francisco Superior Court, 400 McAllister Street, Room 103, San
Francisco, CA 94102,
The parties have agreed to settle the lawsuit, and the settlement has received preliminary approval from the Court.
The settlement provides for the compromise and settlement of all claims and causes of action made or which could have
beer made in this action. In summary, the settlement provides for CitySightseeing to pay a certain amount of money, called
the “Settlement Sum,”
The total Settlement Su is $300,000.00, which will go toward (i) Class Counsel’s attomey’s fees incurred in
prosecuting this action, in an amount to be approved by the Court but which will not exceed 82,658,40; (ii) costs incurred
in this action in an amount to be approved by the Court but which will not exceed $24,000.00, (ii) an incentive award to
Class Representatives in an amount to be approved by the Court, but which will not exceed $3,000.00 for each of the five
class representatives (for a total of $15,000.00) and the costs of administering this settlement which is estimated to be
approximately $13,000.00. The remaining amount, anticipated to be approximately $165,341.30, will be distributed to
Class Members. Disbursements to Class Counsel for attorney fees and casts will be made after scheduled payments to class
members have been made, Each Class Representative (Salvatore Mineo, Gina Schembari, Phillip T Nails, Benjamin Duax,
and David Hayward) shall be paid a Class Representative Payment in an amount not to exceed $3,000.00. Each class
representative participated in this case by meeting with Plaintiffs’ counsel, responding to extensive written discovery and
preparing for and attending their depositions. In addition, the Class Representatives participated in mediation activities and
settlement negotiations, The Class Representatives also facilitated communications with other putative class members. For
their additional service and participation in this case each representative with receive an additional $3,000.00 from the
setttement funds.
Defendant will pay the total non-reversionary sum of $300,000.00, which includes all payments to the Class
Members, Class Representative enhancements, attorneys’ fees and costs and third-party administration costs. The
Settlement Payment shall not include Defendant’s share of the payroll taxes, if any, on any amounts allocated to wages, for
which Defendant shall be solely responsible in addition to the Settlement Payment.
The $300,000.00 Settlement Sum will be paid (or have already been paid) by CitySightseeing in five separate
installments in the amounts and on the dates set forth below.
$230,000.00 has been deposited into a trust account and the remainder will be deposited as follows: June 1, 2015:
$40,000.00; August 1, 2015: $30,000,00.
Payments to you and other class members from these installments will be made as set forth below in the
Settlement Allocation Plan,
Class members will receive payments prior to Class Counsel reimbursement for expenses and payment of attorney
fees,
The amount of money each class member receives depends on (i) how much the Court awards Class Counsel in
attorney’s fees and costs; (ii) whether and how much the Court awards to the Class Representative and (iii) the actual
costs of administering the settlement,
If the Court does not approve the settlement at the Fairness Hearing, you will not be entitled to your payment, but
you will continue to be a class member and the lawsuit will proceed as if this settlement had never been reached,
30%6
Notice af Class Action and Proposed Settlement
sete SIMID «SIND»How To PARTICIPATE IN THE SETTLEMENT
Ifyou wish to receive your proportionate share of the settlement payment, you must submit the enclosed Verification
Form to the Class Administrator no later than December 24, 2015, You must also inform the Class Administrator if your
mailing address changes. CitySightseeing’s records indicate that you are a class member and your total portion of the
Setlement Sum will be $FIXED_MERGED_EstSettAmnt». This was calculated by the percentage of your earnings
of the total compensation to all class members during the class period and then multiplying that with the amount of
discretionary funds (as set forth in the attached Plan of Allocation of Settlement Sum) and then adding an additional
$700.00 to that amount, The funds paid to class members will be in the form of penalties under the California Labor Code.
As such, the funds are tot subject to income tax withholding. The amount you receive could increase (but not decrease)
depending on the extent to which the Court approves (i) Class Counsel’s requests for attorney’s fees and costs and (ii) an
incentive award to the Class Representative and the number of verification forms received by the Claims Administrator
On January 13, 2016, the Court will hold a hearing to decide whether or not to approve the settlement. If the Court
approves the settlement, the Claims Administrator will begin the process of allocating the Settlement Sum. Please note that
there is often delay after a settlement like this is approved, For example, there may be appeals of the Court’s order approving
the settlement, and payments can’t be made unless appeals are finished and the Court’s Order is upheld. Settlement checks
will likely be provided to participating class members about 90 days after the Court’s final approval of the settlement, but
it may take longer
In retum for receiving a payment from the Settlement Sum, you are required to release any claims which were or
could have been asserted in this lawsuit based on all the matters alleged in this lawsuit including, but not limited to, ctaims
for alleged unpaid overtime wages and related damages and penalties. You will be completely releasing all claims, of any
kind, that you now have or may have in the future based on the facts alleged in the lawsuit. The release will be effective
even if you later learn of facts that would affect your willingness to enter into the settlement if you knew about them now.
It is legal for CitySightseeing to penalize you simply because you are choosing to participate in the settlement and
receive a payment.
YOUR RIGHTS — OBJECTING TO THE SETTLEMENT
Unless you submit a valid and timely request for exclusion, you will be bound by the terms of the settlement. If
you do submit a valid and timely request for exclusion, you wilt have no rights under the Settlement Agreement, will not
receive any settlement payments and will not be bound by the Settlement Agreement or the Court's final judgment. All
class members who do not request to be excluded from the settlement will be bound by it and by the Court’s final judgment,
If you wish to be excluded from the settlement, you must make your request in writing. Make sure you sign your
request and include the following information: 1) your name, address, and telephone number, and 2) that you wish to be
excluded from the class. Additionally, if you are not the class member this Notice is addressed to, you must identify your
legal relationship to the class member (¢.g,, heir, personal representative, conservator, administrator, ete.). To be valid,
your request for exclusion must state all of this information and must be signed by you. In addition your request for
exclusion must be mailed to Mineo y, CitySightSeeing Corporation, c/o Simpluris, Inc., P.O, Box 26170, Santa Ana, CA
92799 and postmarked on or before December 24, 2015.
Page 4 0f6
Notice of Class Action and Proposed Settleunent
‘Notice ‘SIMD «SiMiDsSubject to the conditions discussed below, you have the right to present objections at the Fairness Hearing to any
part of the proposed settlement, You can do this on your own, or you can hire a lawyer to help you.
if you wish to appear at the Faimess Hearing, you must submit your objections in writing. These objections must
be filed with the Court, and sent to Class Counsel and counsel for CitySightseeing, no later than December 24, 2015. The
addresses for Class Counsel and the CitySightseeing’s counsel are:
Class Counsel: Attorneys For CitySightseeing:
Ashwin Ladva, Esq. JONES BOTHWELL, DION & THOMPSON LLP
Danie! Vega, Esq. Elizabeth Thompson, Esq.
530 Jackson St., 2" Floor Paul J. Dion, Esq.
San Francisco, CA 94133 44 Montgomery Street, Suite 610
San Francisco, CA 94104-4608
You may request an extension for any deadline in this Notice, including the deadline to submit your objections to
the settlement. You must submit your request for an extension to the Court and to each of the attorneys named above before
the applicable deadtine, The Court may grant an extension provided that your request is made on time and supported by
facts establishing a compelling reason for the extension,
If you do not comply with the above requirements, you will lose your right to object to the settlement or to
any aspect of it,
THE LAWYERS REPRESENTING YOU
The Court decided that the Ladva Law Firm and Law Offices of Daniel Vega, 530 Jackson Si, 2" Floor, San
Francisco, CA 94133are qualified to represent you and all Class Members. Jointly these two law firms are called “Class
Counsel.” Class Counsel is experienced in handling similar cases against other employers.
The exact fees and costs of Class Counsel will be paid out of the Settlement Sum and the amount will be determined
by the Court at the Fairness Hearing but it is estimated to be $106,658.40 in fees and costs ($82,658.40 in attorney fees and
$24,000.00 in costs).
Yos. The court has preliminarily approved an incentive payment to Class Representatives in the amount of Three
Thousand Dollars ($3,000.00), in addition to any amounts Plaintiffs are otherwise due, as compensation for their time,
efforts, and expenses in connection with retaining Class Counsel, investigating and filing this lawsuit, participating in the
litigation, and advancing the case to the point where it could be settled with significant benefits to Class members.
THE COURT’S FINAL APPROVAL HEARING
A Fairness Hearing will be held on January 13,2016 at 1:30 p.m., before the Honorable Judge Robertson, I, Judge
of the San Francisco County Superior Court, in Department $02, which is located at 400 MeAllister Street, San Francisco,
CA. The purpose of the Fairness Hearing will be to determine, among other things: (1} whether the terms of the proposed
settlement are fair, reasonable, and adequate and should be approved by the Court; (2) how much Class Counsel should
receive in attorneys’ fees and for costs; (3) whether the Class Representatives should receive an incentive award, and if so,
how much; and (4) whether final judgment should be entered.
Page 5 of 6
Notice of Chass Action and Proposed Settlenieut
oui
Motos SUID eSIMIDeif the settlement is approved by the Court at the Fairness Hearing, final judgment will be entered and every class
member participating will be barred from bringing any of the Class Released Claims (as defined in the Settlement
Agreement) against CitySightsecing.
If the settlement is approved by the Court, you are eligible for payments as calculated in the Plan of Allocation of
Settlement Sum,
GETTING MORE INFORMATION
This Notice contains only a summary of the tawsuit and the terms of the proposed settlement. For more details, the
pleadings in the lawsuit and the full Settlement Agreement are available on the San Francisco Superior Court’s website at:
http://sfsuperiorcourt.org,
If you have questions or want more information about the lawsuit or this settlement, you should contact Class
Counsel:
Ashwin Ladva, Esq,
Daniel Vega, Esq.
530 Jackson St., 2nd floor
San Francisco, CA 94133
Tel: (415) 296-8844
You may also contact the Class Administrator, Simpluris by phone toll-free at (888) 369-3780 for help in English or Spanish,
PLEASE DO NOT CALL OR CONTACT THE COURT OR
COUNSEL FOR CITYSIGHTSEEINGFOR INFORMATION. If YOU NEED FURTHER INFORMATION,
PLEASE CALL CLASS COUNSEL AT THE NUMBER SET FORTH ABOVE.
Page 6 0f
Notice of Class Action anil Proposed Settlement
‘Naticss SIMD xSHID>VERIFICATION FORM
Mineo v, CitySightseeing Corporation
Nooo
SIMID «SIMID»
«FirstName» «LastName»
«Address1» «Address2»
«City» «State» «Zip»
On April 29, 2015, the Hon. James Robertson Il, Judge of the Superior Court of the County of San Francisco,
granted preliminary approval to the proposed settlement in Mineo v. CitySightseeing et, al,, San Francisco Superior Court
Case No. CGC-10-504804. You are a member of the class in this lawsuit. As a class member, you are now entitled to a
payment of a base of $700.00. In addition, you will receive a percentage of the discretionary fund which is calculated by
the percentage of the total wages you earned during the class period of the total wages earned by all class members during
the class period and then multiplying that number with the available discretionary fund,
IT IS IMPORTANT TO UNDERSTAND THE FOLLOWING:
1. YOU HAVE A RIGHT TO PARTICIPATE IN THIS SETTLEMENT; AND.
2 YOU HAVE A RIGHT TO DO NOTHING AND, IF YOU DO NOT MAIL A VERIFICATION FORM,
YOU WILL NOT RECEIVE THE ABOVE AMOUNT,
YOU MAY NOT BE RETALIATED AGAINST, COERCED, OR PRESSURED BY ANYONE TO
PARTICIPATE OR NOT PARTICIPATE IN THIS SETTLEMENT. YOUR DECISION TO
PARTICIPATE OR NOT TO PARTICIPATE IN THIS SETTLEMENT WILL NOT AFFECT YOUR
EMPLOYMENT RELATIONSHIP WITH ANYONE.
IT IS ALSO IMPORTANT TO KNOW THAT YOUR ADDRESS WILL BE SHARED ONLY WITH
GOVERNMENT AGENCIES THAT COLLECT TAXES, INCLUDING THE INTERNAL REVENUE
SERVICE, THE SOCIAL SECURITY ADMINISTRATION, THE CALIFORNIA FRANCHISE TAX
BOARD, AND THE EMPLOYMENT DEVELOPMENT DEPARTMENT. THE COPY OF YOUR
PICTURE IDENTIFICATION YOU MUST PROVIDE WILL NOT BE SHARED WITH ANYONE
AND IS FOR YOUR PROTECTION TO MAKE SURE SOMEONE DOES NOT FRAUDULENTLY
CLAIM MONEY TO WHICH YOU ARE ENTITLED.
To receive your payment, you must fill out this form. The form must be postmarked no later than December 24,
2015. Failure to fill out and postmark this form by December 24, 2015, means you will forfeit your payment, As
Page | of 2
‘Verification Form
‘Siatican SIMD explained in the Class Notice, in exchange for claiming this payment, you are legally barred from bringing a future
lawsuit against CitySightseeing for the same claims pursued in, or for claims related to those pursued in, this lawsuit.
You may obtain more information about the settlement of this lawsuit by contacting Ciass Counsel at:
Class Counsel
AshwinLadva, Esq.
Daniel Vega, Esq.
$30 Jackson St. 2nd floor
San Francisco, CA 94133
Tel: (415) 296-8844
PLEASE DO NOT CONTACT THE COURT REGARDING THIS FORM.
VERIFICATION OF CLASS MEMBER STATUS
Mineo, et al v, CitySightseeing et al., San Francisco County Supetior Court Case No. CGC-10-504804
I hereby verify that:
{print your full legal name) .
1 I want my payment sent to the following address:
I dectare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:,
(Signature)
Return this form by December 24, 2015 to:
Mineo y. CitySightSeeing Corporation
c/o Simpluris. Inc.
P.O. Box 26170
Santa Ana, CA 92799
Tel: (888) 369-3780
Page 2 of 2
Verification Form
Raleo> SIND «SAD»EXHIBIT BMineo, et al. v. City Sightseeing Corporation, et al.
c/o Simpluris
P.O. Box 26170
Santa Ana, CA 92799-9834
-aentinder_Pesteard_Excades
«Reminder_Posicard»
SIMID «SIMID»
«FirstName» «LastName»
«Address1» «Address2»
«City», «State» «Zip»
PRESORTED
FIRST-CLASS MAIL
US POSTAGE
PAID
SIMPLURIS INCMineo, et al.. v. City Sightseeing Corporation, et al.
Superior Court of California, County of San Francisco
Case No. CGC-10-504804
On September 25, 2015, a Notice of Class Action and Proposed Settlement and a Verification Form
(“Notice Packet”) were mailed to you describing the settlement of the above-referenced case and
your rights and options under the settlement.
Ifyou have NOT submitted a verification form and copy of your ID, please contact Simpluris, Inc.
by March 18, 2016. If you do not contact Simpluris, Inc., then you may give up the right to submit
aclaim.
Ifyou lost or misplaced the Notice of Class Action and Proposed Settlement or Verification Form
you may contact the Simpluris, Inc. immediately at (888) 369-3780 to request another Notice
Packet be mailed to you.
Mineo, et al. v, City Sightseeing Corporation, et al.
c/o Simpluris, Inc.
PO Box 26170
Santa Ana, CA 92799
For further questions you can also contact:
Simpluris - (888) 369-3780
Preview
oOo PN Dw FY NY ete ge ato BR RRBRRRSSE STADE BDHE ES LADVA LAW FIRM. ASHWIN LADVA (SBN 206140) $30 Jackson St., 2™ Floor San Francisco, CA 94133 Telephone: (415) 296-8844 LAW OFFICES OF DANIEL VEGA DANIEL MARTINEZ DE LA VEGA (SBN 255885) 201 Spear Street, Suite 1100 San Francisco, CA 94105 Telephone: (415) 704-5067 Attorneys for Plaintiffs and Cross-Defendants Salvatore Mineo, Phillip Thomas Nails, Benjamin Duax and David Hayward and Plaintiff Gina Schembari JONES BOTHWELL DION & THOMPSON LLP ELIZABETH THOMPSON (SBN 112888) PAUL J. DION (SBN 088231) 44 Montogomery Street, Suite 610 San Francisco, CA 94104 Telephone: (415) 951-8900 Attomeys for Defendant and Cross-Complainant CitySightseeing Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO, UNLIMITED JURISDICTION SALVATORE MINEO, GINA SCHEMBARI, PHILLIP THOMAS NAILS, BENJAMIN DUAX and DAVID HAYWARD, individually and on behalf of all others similarly situated, Plaintiff, v. CITYSIGHTSEEING CORPORATION, a Delaware corporation, and DOES 1 through 500, inclusive, Defendants. SUPPLEMENTAL DECLARATION OF STEPHEN GOMEZ REGARDING NOTICE AND SETTLEMENT ~ ADMINISTRATION ELECTRONICALLY FILED Supertor Court of California, County of San Francisco 04/25/2016 Clerk of the Court BY-RONNIE OTERO Deputy Clerid Case No. CGC-10-504804 ‘LASS ACTION SUPPLEMENTAL DECLARATION OF STEPHEN GOMEZ REGARDING NOTICE AND SETTLEMENT ADMINISTRATIONwo aI A WwW BP YW YD = we Be se ee eee Be RPBoeoewetwtaakrt pts R RE B 28 DECLARATION OF STEPHEN GOMEZ J, STEPHEN GOMEZ, hereby declare: 1. lam employed as a Case Manager by Simpluris, Inc. (“Simpluris”), the claims administrator in the above-entitled action. Our Corporate Office address is 3176 Puliman Street, Suite 123, Costa Mesa, CA 92626. My telephone number is (714) 640-5657, J am over twenty-one years of age and authorized to make this declaration on behalf of Simpluris and myself. 2. Simpluris is a Class Action Settlement Administration company located in Costa Mesa, California. It was founded by individuals who have each managed hundreds of settlements, along with professionals in the areas of Software Development, Third-Party Claims Administration, Mail-House Operations, and Call Center Support Management, 3. Simpluris was engaged by Counsel for the Class Representatives (“Plaintiff”), and CitySightseeing Corporation (“Defendant”), (collectively the “Parties”), to provide settlement administration services. In this capacity, Simpluris was charged with (a) establishing and maintaining a related settlement fund account; (b) establishing and maintaining a calendar of administrative deadlines and responsibilities; (c) printing and mailing the Notice of Class Action Settlement and the Verification Form (“Notice Packet”), to Class Members in English as directed by the Court; (d) receiving and validating claims and Verification Forms (e) receiving and reporting Opt Out requests submitted by Class Members; (f) receiving and validating Objections; (g) processing and mailing payments to the Plaintiffs, Class Counsel and Claimants; {h) calculating Employer Payroll Taxes and providing appropriate forms and calculations to Defendant; (i) mailing settlement checks, and (j) other tasks as the Parties mutually agree or the Court orders Simpluris to perform. TOLL FREE TELEPHONE HELPLINE 4, A toll-free telephone number was included in the Class Notice for the purpose of allowing the Class Members to call Simpluris and to make inquiries regarding the Settlement, The system is accessible in English and Spanish 24 hours a day, 7 days a week, and will remain in operation throughout the settlement process. Callers have the option to speak with a live call center representative during normal business hours or to leave a message and receive a return call during non- business hours. Spanish-speaking representatives are available during normal business hours. The toll- 1 P ‘LARATION OF STEP! RDING NOTIE TTL ADMINISTRATIONcm N A YU B® wWwN Boe ee ee es eB ese Oo ef N DA FF WY NH YY SCS 20 free telephone number included in the Class Notice was (888) 369-3780 and was active on September 25, 2015. NOTIFICATION TO THE CLASS 5. On June 8, 2015, Simpluris received the Court-approved the Notice of Class Action Settlement and the Verification Form (“Notice Packet”), from Counsel. The Notice Packet advised Class Members of their right to receive a claim by returning the Verification Form, Opt Out from the Settlement, Object to the Settlement, and Do Nothing, and the implications of each such action. The Notice Packet advised Class Members of applicable deadlines and other events, including the Final Approval Hearing, and how Class Members could obtain additional information. A copy of the Notice Packet is attached as Exhibit A. 6. On June 8, 2015, Counsel for Defendant provided Simpluris with a mailing list (“Class List”) containing Class Members’ names, most recent mailing address and telephone numbers. The Class List contained data for one hundred thitty-six (136) Class Members. 7. On August 12, 2015, Counsel for Defendant provided Simpluris with a list containing Class Members’ social security numbers. 8 The mailing addresses contained in the Class List were processed and updated utilizing the National Change of Address Database (“NCOA”) maintained by the U.S. Postal Service. The NCOA contains requested changes of address filed with the U.S. Postal Service. In the event that any individual had filed a U.S. Postal Service change of address request, the address listed with the NCOA would be utilized in connection with the mailing of the Notice Packets. 9. On September 25, 2015, Notice Packets were mailed to one hundred thirty-six (136) Class Members with addresses contained in the Class List via First Class mail. 10. Ifa Class Member’s Class Notice Packet was returned by the USPS as undeliverable and without a forwarding address, Simpluris performed an advanced address search (i.e. skip trace) on all of these addresses by using Accurint, a reputable research tool owned by Lexis-Nexis. Simpluris used the Class Member’s name and previous address to locate a current address. Through the advanced address searches, Simpluris was able to locate twenty-four (24) updated addresses and Simpluris promptly 2 ~~ SUPPLEMENTAL DECLARATION OF STEPHEN GOMEZ REGARDING NOTICE AND SETTLEMENT ADMINISTRATIONeo Oo NA A Fw ND mailed Class Notice Packets to those updated addresses. Ultimately, there were six (6) Notice Packets that remained undeliverable. 11. On January 18, 2016, Defense Counsel notified Simpluris that a class member should be removed from the Class as he did not work at a location covered in the lawsuit. As a result, the class size was adjusted to one hundred thirty-five (135) Class Members. 12. On January 27, 2016, Defense Counsel provided Simpluris with an updated list of Class Members’ telephone numbers. Of the phone numbers provided, Simpluris attempted phone calls to fifty-eight (58) Class Members who had not submitted a Verification Form. Through the process, Simpluris left nineteen (19) voicemail messages and spoke with ten (10) Class Members and subsequently remailed those members Notice Packets. 13. On February 22, 2016, Simpluris performed an additional NCOA database search to locate the most current addresses and mailed a Reminder Postcard to seventy-three (73) Class Members who had not submitted a Verification Form as of that date. A copy of the Reminder Postcard is attached as Exhibit B. CLAIMS AND SETTLEMENT PAYMENTS 14. As of April 22, 2016, Simpluris has received sixty-six (66) Verification Forms, fora response rate of 48.88%. Of the sixty-six (66) Verification Forms, five (5) are currently pending because the Class Member did not return the required identification documentation along with the form. 15. As of April 22, 2016, the total amount claimed by the sixty-six (66) Class Members totals $86,138.12, From that amount, $46,200 is from the base payments of $700, while the remaining $39,938.12 is from the discretionary payments. 16. The average estimated payment is $1,305.12 and the highest estimated payment is $3,319.65, 3 FS! 30M) TTH 7 ADMINISTRATIONeC mI DAH HW RW DY Bae ee BXRRBRERRESSReUAGESRES EXCLUSIONS, DISPUTES, AND OBJECTIONS 17, As of April 22, 2016, Simpluris has not received any Requests for Exclusion. 18. As of April 22, 2016, Simpluris has not received any Objections to the Settlement. ADMINISTRATION COSTS 19, With regard to Simpluris’ invoice for services in connection with the Administration of the settlement, Simpluris’ fees and costs are $16,000.00, which includes all work to conclude Simpluris’ duties and responsibilities pursuant to the settlement, issuance and mailing of settlement payment checks, to do the necessary tax reporting on such payments, answer class member questions, and the like. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on April 22, 2016, in Costa Mesa, California. Stephen\Gomez 4 ~~ SUPPLEMENTAL DECLARATION OF STEPHEN GOMEZ REGARDING NOTICE AND SETTLEMENT ADMINISTRATIONEXHIBIT ANOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT Salvatore Mineo, Gina Schembari, Phillip Nails, Benjamin Duax and David Hayward v, CitySightseeing Corporation Case No. CGC-10-504804, Superior Court of California, City and County of San Francisco TO hourly, non-exempt individuals who performed work for CitySightseeing Corporation in San Francisco at any time from January 1, 2007 through October 22, 2010. A Court authorized this notice. his is not a solicitation from a lawyer, > THE PURPOSE OF THIS NOTICE IS TO TELL YOU ABOUT A PROPOSED SETTLEMENT OF A CLASS ACTION AS A RESULT OF WHICH YOU MAY BE ELIGIBLE TO RECEIVE MONETARY BENEFITS, YOU HAVE BEEN IDENTIFIED AS A CLASS MEMBER. THIS PROPOSED SETTLEMENT MAY AFFECT YOUR RIGHTS, SO PLEASE READ THIS NOTICE CAREFULLY. > This settlement will provide $300,000.00 to pay class members in the form of penalties under the California Labor Code, attomeys’ fees and costs, an incentive fee to the class representatives and the costs of administering this settlement. > This settlement resolves the above-entitledclass action lawsuit where Salvatore Mineo, Gina Schembati, Phillip T Nails, Benjamin Duax, and David Hayward sued CitySightseeing Corporation (“CitySightseeing”), alleging, among other things, that CitySightseeing failed to pay an overtime rate of pay to them and class members for overtime work performed. > This Court has preliminarily approved this settlement, which provides payments to qualified class members who allegedly were not paid an overtime rate of pay at any time during the period from January 1, 2007 to October 22, 2010. Your legal rights witl be affected whether you act or don’t act. Please carefully read this entire notice, Vv ‘You may decide to complete and return the enclosed Verification form by December 24, 2015, to; Mineo v. CitySightSeeing Corporation Class Administrator, ¢/o Simpluris, P.O. Box 26170, Santa Ana, CA 92799, in which case you will receive a check for your proportionate share of the Settlement Payment subject to the Court’s final approval of the settlement. Ifyou do nothing (do not submit a verification form, do not opt out, or do not object) ei you will not receive any money, but you will still give up any right you may have to sue for violations of the type aileged in the operative complaint, including but not limited to unpaid wages, related claims and penalties released by the settlement and as specified in Section 8. You can object to the fairness of the settlement by filing a written objection with the Court explaining why you don’t like the settlement. If you timely file an objection, you can come to the hearing and ask to speak to the Court about the fairness of the settlement, You may exclude yourself from the settlement of this lawsuit by timely filing a written Hon! “opt-out” statement and mailing it to, Mineo v. CitySightSeeing Corporation Class a, Administrator, c/o Simpluris, P.O. Box 26170, Santa Ana, CA 92799. | ee Page 1 of 6 Notice uf Class Action and Praposed Setttement ‘lotioas SIMD «SIMI»These rights end options — and the deadlines for each — are explained in this Notice, >» CitySightseeing cannot penalize you for choosing to remain in the settlement and receive a payment. Similarly, CitySightseeing caunot retaliate against you for objecting to the settlement terms. > The purpose of this Notice is to explain your rights as a class member and to inform you of your ability to object to the terms of the settlement. You will not receive any payment unless the settlement is finally approved by the Court. Any questions? Read on, or contact Class Counsel at (415) 296-8844. vv BASIC INFORMATION SCRIPTION OF CLASS The Superior Court of California, City and County of San Francisco, has certified the following class: All hourly, non-exempt front desk employees, tour guides and bus drivers who performed work for CitySightseeing Corporation m San Francisco at any time during the period from January 1, 2007 through October 22, 2010, who were paid. more than $2,000.00 in compensation and who did not receive an overtime rate of pay for overtime work as required under California Labor Code Section 510 and California Business and Professions Code Section 17200. You have been identified as a member of the Class. Counsel for the Class are; Ashwin Ladva, Esq., Ladva Law Firm, 530 Jackson Street, 2 Floor, San Francisco, CA 94133 (415) 296-8844; and Daniel Martinez de la Vega, Esq., Law Offices of Daniel Vega, 201 Spear Street, Suite 1100, San Francisco, CA 94105 (415) 287-6203. CitySightseeing records show that you worked as a front desk or inside sales employee, tour guide or bus driver at some time during the period from January 1, 2007 to October 22, 2010. As such, you are entitled to receive payments under the terms of the settlement once it has been finally approved by the Court. You have legal rights and options that you may exercise before the Court makes 2 decision as to whether final approval should be given to the settlement. A hearing wil! This lawsuit claims, among other things, that from January 1, 2007 through October 22, 2010, CitySightsceing failed to provide hourly, non-exempt employees overtime wages for overtime work performed. The lawsuit seeks recovery of unpaid overtime wages, plus penalties and other damages. CitySightseeing vigorously denies the claims asserted in the lawsuit, The lawsuit has been litigated aggressively, including taking the depositions of the class representatives and ali key CitySightseeing administrative personnel, the production and review of thousands of documents, and the research and briefing of numerous legal issues. If this lawsuit is not settled now, a trial of the action will be necessary, the outoome of which is far from certain both in terms of CitySightseeing’s purported liability and the amount of damages and penalties sought by plaintiffs. It is possible that, if an adverse ruling were entered against CitySightseeing, an appeal would be taken which would result in lengthy delays before the claims were resolved. In order to avoid the continued uncertainty, delay and expense of further litigation, Class Counsel and counsel for CitySightseeing have agreed to this settlement on terms which are considered by them to be a fair compromise of the risks of litigation and to be reasonable, adequate and in the best interest of the Class. The parties have submitted the terms of the proposed settlement to the Court for preliminary approval, After a preliminary review of the proposed settlement, the Court has directed that the members of the Class be given this notice to inform them of the proposed settlement and of the procedures the Court will follow to make the final determination whether the settlement is fair, reasonable and adequate. CitySightseeing or Plaintiffs are correct. Page 2 of 6 Notice of Class Action and Proposed Settlement ‘Dates SIMID «SBA»SETTLEMENT BENEFITS — WHAT YOU GET The full and precise terms of the proposed settlement are contained in the “Stipulation and Agreement re Settlement and Release” filed with the Court on July 11,2014, This Notice is intended as a summary only. More detailed information concerning the matters discussed in this Notice may be obtained from the pleadings, orders, Stipulation and Agreement re Settlement and Release and other documents filed ia this action, all of which may be inspected free of charge during regular business hours at the office of the Court Clerk, San Francisco Superior Court, 400 McAllister Street, Room 103, San Francisco, CA 94102, The parties have agreed to settle the lawsuit, and the settlement has received preliminary approval from the Court. The settlement provides for the compromise and settlement of all claims and causes of action made or which could have beer made in this action. In summary, the settlement provides for CitySightseeing to pay a certain amount of money, called the “Settlement Sum,” The total Settlement Su is $300,000.00, which will go toward (i) Class Counsel’s attomey’s fees incurred in prosecuting this action, in an amount to be approved by the Court but which will not exceed 82,658,40; (ii) costs incurred in this action in an amount to be approved by the Court but which will not exceed $24,000.00, (ii) an incentive award to Class Representatives in an amount to be approved by the Court, but which will not exceed $3,000.00 for each of the five class representatives (for a total of $15,000.00) and the costs of administering this settlement which is estimated to be approximately $13,000.00. The remaining amount, anticipated to be approximately $165,341.30, will be distributed to Class Members. Disbursements to Class Counsel for attorney fees and casts will be made after scheduled payments to class members have been made, Each Class Representative (Salvatore Mineo, Gina Schembari, Phillip T Nails, Benjamin Duax, and David Hayward) shall be paid a Class Representative Payment in an amount not to exceed $3,000.00. Each class representative participated in this case by meeting with Plaintiffs’ counsel, responding to extensive written discovery and preparing for and attending their depositions. In addition, the Class Representatives participated in mediation activities and settlement negotiations, The Class Representatives also facilitated communications with other putative class members. For their additional service and participation in this case each representative with receive an additional $3,000.00 from the setttement funds. Defendant will pay the total non-reversionary sum of $300,000.00, which includes all payments to the Class Members, Class Representative enhancements, attorneys’ fees and costs and third-party administration costs. The Settlement Payment shall not include Defendant’s share of the payroll taxes, if any, on any amounts allocated to wages, for which Defendant shall be solely responsible in addition to the Settlement Payment. The $300,000.00 Settlement Sum will be paid (or have already been paid) by CitySightseeing in five separate installments in the amounts and on the dates set forth below. $230,000.00 has been deposited into a trust account and the remainder will be deposited as follows: June 1, 2015: $40,000.00; August 1, 2015: $30,000,00. Payments to you and other class members from these installments will be made as set forth below in the Settlement Allocation Plan, Class members will receive payments prior to Class Counsel reimbursement for expenses and payment of attorney fees, The amount of money each class member receives depends on (i) how much the Court awards Class Counsel in attorney’s fees and costs; (ii) whether and how much the Court awards to the Class Representative and (iii) the actual costs of administering the settlement, If the Court does not approve the settlement at the Fairness Hearing, you will not be entitled to your payment, but you will continue to be a class member and the lawsuit will proceed as if this settlement had never been reached, 30%6 Notice af Class Action and Proposed Settlement sete SIMID «SIND»How To PARTICIPATE IN THE SETTLEMENT Ifyou wish to receive your proportionate share of the settlement payment, you must submit the enclosed Verification Form to the Class Administrator no later than December 24, 2015, You must also inform the Class Administrator if your mailing address changes. CitySightseeing’s records indicate that you are a class member and your total portion of the Setlement Sum will be $FIXED_MERGED_EstSettAmnt». This was calculated by the percentage of your earnings of the total compensation to all class members during the class period and then multiplying that with the amount of discretionary funds (as set forth in the attached Plan of Allocation of Settlement Sum) and then adding an additional $700.00 to that amount, The funds paid to class members will be in the form of penalties under the California Labor Code. As such, the funds are tot subject to income tax withholding. The amount you receive could increase (but not decrease) depending on the extent to which the Court approves (i) Class Counsel’s requests for attorney’s fees and costs and (ii) an incentive award to the Class Representative and the number of verification forms received by the Claims Administrator On January 13, 2016, the Court will hold a hearing to decide whether or not to approve the settlement. If the Court approves the settlement, the Claims Administrator will begin the process of allocating the Settlement Sum. Please note that there is often delay after a settlement like this is approved, For example, there may be appeals of the Court’s order approving the settlement, and payments can’t be made unless appeals are finished and the Court’s Order is upheld. Settlement checks will likely be provided to participating class members about 90 days after the Court’s final approval of the settlement, but it may take longer In retum for receiving a payment from the Settlement Sum, you are required to release any claims which were or could have been asserted in this lawsuit based on all the matters alleged in this lawsuit including, but not limited to, ctaims for alleged unpaid overtime wages and related damages and penalties. You will be completely releasing all claims, of any kind, that you now have or may have in the future based on the facts alleged in the lawsuit. The release will be effective even if you later learn of facts that would affect your willingness to enter into the settlement if you knew about them now. It is legal for CitySightseeing to penalize you simply because you are choosing to participate in the settlement and receive a payment. YOUR RIGHTS — OBJECTING TO THE SETTLEMENT Unless you submit a valid and timely request for exclusion, you will be bound by the terms of the settlement. If you do submit a valid and timely request for exclusion, you wilt have no rights under the Settlement Agreement, will not receive any settlement payments and will not be bound by the Settlement Agreement or the Court's final judgment. All class members who do not request to be excluded from the settlement will be bound by it and by the Court’s final judgment, If you wish to be excluded from the settlement, you must make your request in writing. Make sure you sign your request and include the following information: 1) your name, address, and telephone number, and 2) that you wish to be excluded from the class. Additionally, if you are not the class member this Notice is addressed to, you must identify your legal relationship to the class member (¢.g,, heir, personal representative, conservator, administrator, ete.). To be valid, your request for exclusion must state all of this information and must be signed by you. In addition your request for exclusion must be mailed to Mineo y, CitySightSeeing Corporation, c/o Simpluris, Inc., P.O, Box 26170, Santa Ana, CA 92799 and postmarked on or before December 24, 2015. Page 4 0f6 Notice of Class Action and Proposed Settleunent ‘Notice ‘SIMD «SiMiDsSubject to the conditions discussed below, you have the right to present objections at the Fairness Hearing to any part of the proposed settlement, You can do this on your own, or you can hire a lawyer to help you. if you wish to appear at the Faimess Hearing, you must submit your objections in writing. These objections must be filed with the Court, and sent to Class Counsel and counsel for CitySightseeing, no later than December 24, 2015. The addresses for Class Counsel and the CitySightseeing’s counsel are: Class Counsel: Attorneys For CitySightseeing: Ashwin Ladva, Esq. JONES BOTHWELL, DION & THOMPSON LLP Danie! Vega, Esq. Elizabeth Thompson, Esq. 530 Jackson St., 2" Floor Paul J. Dion, Esq. San Francisco, CA 94133 44 Montgomery Street, Suite 610 San Francisco, CA 94104-4608 You may request an extension for any deadline in this Notice, including the deadline to submit your objections to the settlement. You must submit your request for an extension to the Court and to each of the attorneys named above before the applicable deadtine, The Court may grant an extension provided that your request is made on time and supported by facts establishing a compelling reason for the extension, If you do not comply with the above requirements, you will lose your right to object to the settlement or to any aspect of it, THE LAWYERS REPRESENTING YOU The Court decided that the Ladva Law Firm and Law Offices of Daniel Vega, 530 Jackson Si, 2" Floor, San Francisco, CA 94133are qualified to represent you and all Class Members. Jointly these two law firms are called “Class Counsel.” Class Counsel is experienced in handling similar cases against other employers. The exact fees and costs of Class Counsel will be paid out of the Settlement Sum and the amount will be determined by the Court at the Fairness Hearing but it is estimated to be $106,658.40 in fees and costs ($82,658.40 in attorney fees and $24,000.00 in costs). Yos. The court has preliminarily approved an incentive payment to Class Representatives in the amount of Three Thousand Dollars ($3,000.00), in addition to any amounts Plaintiffs are otherwise due, as compensation for their time, efforts, and expenses in connection with retaining Class Counsel, investigating and filing this lawsuit, participating in the litigation, and advancing the case to the point where it could be settled with significant benefits to Class members. THE COURT’S FINAL APPROVAL HEARING A Fairness Hearing will be held on January 13,2016 at 1:30 p.m., before the Honorable Judge Robertson, I, Judge of the San Francisco County Superior Court, in Department $02, which is located at 400 MeAllister Street, San Francisco, CA. The purpose of the Fairness Hearing will be to determine, among other things: (1} whether the terms of the proposed settlement are fair, reasonable, and adequate and should be approved by the Court; (2) how much Class Counsel should receive in attorneys’ fees and for costs; (3) whether the Class Representatives should receive an incentive award, and if so, how much; and (4) whether final judgment should be entered. Page 5 of 6 Notice of Chass Action and Proposed Settlenieut oui Motos SUID eSIMIDeif the settlement is approved by the Court at the Fairness Hearing, final judgment will be entered and every class member participating will be barred from bringing any of the Class Released Claims (as defined in the Settlement Agreement) against CitySightsecing. If the settlement is approved by the Court, you are eligible for payments as calculated in the Plan of Allocation of Settlement Sum, GETTING MORE INFORMATION This Notice contains only a summary of the tawsuit and the terms of the proposed settlement. For more details, the pleadings in the lawsuit and the full Settlement Agreement are available on the San Francisco Superior Court’s website at: http://sfsuperiorcourt.org, If you have questions or want more information about the lawsuit or this settlement, you should contact Class Counsel: Ashwin Ladva, Esq, Daniel Vega, Esq. 530 Jackson St., 2nd floor San Francisco, CA 94133 Tel: (415) 296-8844 You may also contact the Class Administrator, Simpluris by phone toll-free at (888) 369-3780 for help in English or Spanish, PLEASE DO NOT CALL OR CONTACT THE COURT OR COUNSEL FOR CITYSIGHTSEEINGFOR INFORMATION. If YOU NEED FURTHER INFORMATION, PLEASE CALL CLASS COUNSEL AT THE NUMBER SET FORTH ABOVE. Page 6 0f Notice of Class Action anil Proposed Settlement ‘Naticss SIMD xSHID>VERIFICATION FORM Mineo v, CitySightseeing Corporation Nooo SIMID «SIMID» «FirstName» «LastName» «Address1» «Address2» «City» «State» «Zip» On April 29, 2015, the Hon. James Robertson Il, Judge of the Superior Court of the County of San Francisco, granted preliminary approval to the proposed settlement in Mineo v. CitySightseeing et, al,, San Francisco Superior Court Case No. CGC-10-504804. You are a member of the class in this lawsuit. As a class member, you are now entitled to a payment of a base of $700.00. In addition, you will receive a percentage of the discretionary fund which is calculated by the percentage of the total wages you earned during the class period of the total wages earned by all class members during the class period and then multiplying that number with the available discretionary fund, IT IS IMPORTANT TO UNDERSTAND THE FOLLOWING: 1. YOU HAVE A RIGHT TO PARTICIPATE IN THIS SETTLEMENT; AND. 2 YOU HAVE A RIGHT TO DO NOTHING AND, IF YOU DO NOT MAIL A VERIFICATION FORM, YOU WILL NOT RECEIVE THE ABOVE AMOUNT, YOU MAY NOT BE RETALIATED AGAINST, COERCED, OR PRESSURED BY ANYONE TO PARTICIPATE OR NOT PARTICIPATE IN THIS SETTLEMENT. YOUR DECISION TO PARTICIPATE OR NOT TO PARTICIPATE IN THIS SETTLEMENT WILL NOT AFFECT YOUR EMPLOYMENT RELATIONSHIP WITH ANYONE. IT IS ALSO IMPORTANT TO KNOW THAT YOUR ADDRESS WILL BE SHARED ONLY WITH GOVERNMENT AGENCIES THAT COLLECT TAXES, INCLUDING THE INTERNAL REVENUE SERVICE, THE SOCIAL SECURITY ADMINISTRATION, THE CALIFORNIA FRANCHISE TAX BOARD, AND THE EMPLOYMENT DEVELOPMENT DEPARTMENT. THE COPY OF YOUR PICTURE IDENTIFICATION YOU MUST PROVIDE WILL NOT BE SHARED WITH ANYONE AND IS FOR YOUR PROTECTION TO MAKE SURE SOMEONE DOES NOT FRAUDULENTLY CLAIM MONEY TO WHICH YOU ARE ENTITLED. To receive your payment, you must fill out this form. The form must be postmarked no later than December 24, 2015. Failure to fill out and postmark this form by December 24, 2015, means you will forfeit your payment, As Page | of 2 ‘Verification Form ‘Siatican SIMD explained in the Class Notice, in exchange for claiming this payment, you are legally barred from bringing a future lawsuit against CitySightseeing for the same claims pursued in, or for claims related to those pursued in, this lawsuit. You may obtain more information about the settlement of this lawsuit by contacting Ciass Counsel at: Class Counsel AshwinLadva, Esq. Daniel Vega, Esq. $30 Jackson St. 2nd floor San Francisco, CA 94133 Tel: (415) 296-8844 PLEASE DO NOT CONTACT THE COURT REGARDING THIS FORM. VERIFICATION OF CLASS MEMBER STATUS Mineo, et al v, CitySightseeing et al., San Francisco County Supetior Court Case No. CGC-10-504804 I hereby verify that: {print your full legal name) . 1 I want my payment sent to the following address: I dectare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:, (Signature) Return this form by December 24, 2015 to: Mineo y. CitySightSeeing Corporation c/o Simpluris. Inc. P.O. Box 26170 Santa Ana, CA 92799 Tel: (888) 369-3780 Page 2 of 2 Verification Form Raleo> SIND «SAD»EXHIBIT BMineo, et al. v. City Sightseeing Corporation, et al. c/o Simpluris P.O. Box 26170 Santa Ana, CA 92799-9834 -aentinder_Pesteard_Excades «Reminder_Posicard» SIMID «SIMID» «FirstName» «LastName» «Address1» «Address2» «City», «State» «Zip» PRESORTED FIRST-CLASS MAIL US POSTAGE PAID SIMPLURIS INCMineo, et al.. v. City Sightseeing Corporation, et al. Superior Court of California, County of San Francisco Case No. CGC-10-504804 On September 25, 2015, a Notice of Class Action and Proposed Settlement and a Verification Form (“Notice Packet”) were mailed to you describing the settlement of the above-referenced case and your rights and options under the settlement. Ifyou have NOT submitted a verification form and copy of your ID, please contact Simpluris, Inc. by March 18, 2016. If you do not contact Simpluris, Inc., then you may give up the right to submit aclaim. Ifyou lost or misplaced the Notice of Class Action and Proposed Settlement or Verification Form you may contact the Simpluris, Inc. immediately at (888) 369-3780 to request another Notice Packet be mailed to you. Mineo, et al. v, City Sightseeing Corporation, et al. c/o Simpluris, Inc. PO Box 26170 Santa Ana, CA 92799 For further questions you can also contact: Simpluris - (888) 369-3780