Anthony Neidle, et al. vs. ACME Trading Expeditions, LLC et al.,

Camden County Docket Number CAM-L-3026-18

Superior Court of New Jersey

ATTENTION:

TO ALL CURRENT AND FORMER EMPLOYEES OF TARANTELLA RISTORANTE, FEMMINA ITALIAN GRILLE, AND/OR CHIANTI RISTORANTE ITALIANO WHO WORKED AS TIPPED SERVERS BETWEEN AUGUST 9, 2012 TO THE PRESENT

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT


Summary of Case and Settlement

This notice of a proposed class action settlement (“Settlement”) of class action claims against Defendants in the matter of Anthony Neidle, et al. vs. ACME Trading Expeditions, LLC, et al., Docket Number CAM-L-3026-18 (the “Action”). Under the terms of the Settlement, and as further discussed below, you may be eligible to receive certain benefits if you submit a valid and timely Proof of Claim.

Plaintiffs brought this class action on behalf of Plaintiffs and a class of current and former tipped servers employed by Defendants, who own and operate three (3) local restaurants, Tarantella Ristorante, Femmina Italian Grille and Chianti Ristorante Italiano, alleging a policy of withholding and diverting gratuities owned by the class in violation of the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq. (“NJWPL”) during the six (6) years immediately preceding the filing of this Complaint. Defendants deny Plaintiffs’ allegations and have asserted numerous defenses to Plaintiffs’ claims. Defendants do not admit liability to any of the claims of Plaintiffs or any member of the Settlement Class. Plaintiffs and Defendants agree that this Agreement and the Settlement reflected herein is a compromise and settlement of disputed claims.

The Settlement provides eligible Class Members with the opportunity to receive up to $100 for each month they were employed as tipped servers at one of the three above referenced restaurants between August 9, 2012 and the present, up to a maximum of $7,200.00 for 72 months of service. To be eligible for this benefit, you must submit a timely, completed and valid Claim Form as outlined below.


Important Dates

May 12, 2020 — Exclusion Request Deadline

May 12, 2020 — Objection Deadline

June 12, 2020 — Court's Fairness Hearing

July 6, 2020 — Proof of Claim Deadline


SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

Submit a Proof of Claim

If you are an eligible Settlement Class Member and complete and submit a Proof of Claim in a timely manner, you will receive a pro rata distribution of up to $1200 per year for each year you worked as a tipped server at one of the three restaurants referenced above between August 9, 2012 and the present, up to a maximum of $7200 for six years of service. The Proof of Claim is necessary to ensure that only eligible Settlement Class Members receive a benefit. A Proof of Claim form is available here, by calling the Claims Administrator toll free at (844)-611-2642, or by writing the Claims Administrator at Acme Trading Settlement Claim Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.

Completed claim forms must be faxed to (215)-529-0209 or emailed to info@acmetradingsettlement.com on or before June 6, 2020.

Do Nothing

By doing nothing, you forfeit the opportunity to receive any benefits under the Settlement and you also give up any rights you may have to sue Defendants, and certain parties related to them, separately about the claims that have been or could have been asserted in this lawsuit.

Ask to be Excluded from the Settlement

By asking to be excluded from the Settlement, you will forfeit the opportunity to receive benefits under the Settlement, but you will preserve any rights you may have to sue Defendants separately about the claims that have been or could have been asserted in this lawsuit.

Object

If you choose to participate in the Settlement but object to its terms, you may write to the Court and explain why you do not like the Settlement.

Go To A Hearing

If you choose to participate in the Settlement but object to its terms or wish to speak as to its terms, you may ask to speak in Court about the fairness of the Settlement.


Your rights and options – and the deadlines to exercise them – are explained in detail here.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after appeals are resolved. Please be patient.