Monica Oviedo, on behalf of herself and others similarly situated v. Fulton Enterprises, LLC d/b/a Liberty Warehouse et al.

Frequently Asked Questions

1. BACKGROUND INFORMATION

1. Why did I get the notice?

   Defendants’ records show that you have worked as an hourly banquet service employee (including, but not limited to, job titles such as waiters, bartenders and barbacks) at Liberty Warehouse at any time since November 29, 2013.

   The Court has certified a class action lawsuit that may affect you. A trial may be necessary to decide whether the claims being made against defendants on your behalf have merit or whether the defenses to those claims have merit. The Honorable Baily-Schiffman, a Judge in the Supreme Court of New York, County of Kings is overseeing this lawsuit. This lawsuit is known as Oviedo v. Fulton Enterprises, LLC et al.

2. What is this lawsuit about?

   This lawsuit is about whether defendants violated the New York Labor Law by retaining the suggested gratuities listed on customers’ final invoices and paid by customers, instead of distributing the entire amount of those gratuities to the banquet service employees.

3. What is defendants’ position?

   Defendants deny that they improperly paid any current or former employees and that no current or former employees are entitled to any additional compensation or other relief.

4. What is a class action and who is involved?

   In a class action lawsuit, one or more people called the “Class Representative” sue on behalf of other people who have similar claims. In this case, the Class Representative is Monica Oviedo. For these claims, people are automatically included in the case – except for those people who choose to exclude themselves from the class.

5. Why is this lawsuit a class action?

   The court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of CPLR Sections 901 and 902, which govern class actions in New York State courts.

6. THE CLAIMS IN THE LAWSUIT

6. Has the Court decided who is right?

   The Court has not decided which side is correct. By establishing the Class and issuing the Notice, the Court is not suggesting that the plaintiffs will win or lose the case.

7. What are plaintiffs asking for?

   Plaintiffs seek to recover from defendants those gratuities that were improperly retained. Plaintiffs also seek to have this practice declared unlawful, as well as the recovery of costs, interest, attorneys’ fees and other monetary relief available under the law.

8. Is there any money available now?

   No money or benefits are available now because the Court has not yet decided whether defendants did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are and you remain in the Class, you will be notified how to ask for a share.

9. WHO IS IN THE CLASS

9. Am I part of this class?

   Judge Loren Baily Schiffman decided that all hourly banquet service employees (including but not limited to job titled such as waiters, bartenders and barbacks) who worked at Liberty Warehouse at any time since November 29, 2013, through present, are Class Members.

10. I am still not sure if I am included?

    If you are not sure whether you are included, you can contact Plaintiffs’ Counsel:

    Daniel B. Rehns, Esq.
    HACH ROSE SCHIRRIPA & CHEVERIE LLP
    112 Madison Avenue, 10th Floor
    New York, NY 10016
    Telephone: (212) 213-8311
    Fax: (212) 779-0028
    Email: info@libwaregratuitysettlement.com

11. YOUR RIGHTS AND OPTIONS

11. How do I remain in this class action lawsuit?

    If you do nothing, you will stay in the class.

12. How do I ask to be excluded from this class action lawsuit?

    If you choose to be excluded from the Class for the lawsuit, you have to submit a written notice of your intent to exclude yourself from the class to:

    Liberty Warehouse Class Action Lawsuit
    Attn: Exclusions
    P.O. Box 58220 Philadelphia, PA 19102

    This form must be postmarked by no later than February 5, 2022. By marking this election to be excluded:

    (a) You will not be bound by any judgment entered for or against the defendants and, if there is any settlement, you will not share in any recovery to be paid to the Class;

    (b) You will not be entitled to appear at any settlement fairness hearing;

    (c) You will not be bound by the release set forth in any settlement agreement; and

    (d) You may present any claim you may have against defendants by filing your own lawsuit.

    The Notice of Exclusion must clearly state: (a) name and address of the person that wishes to be excluded; (b) that the person wishes to be excluded from the Class; (c) description of the person’s employment at Liberty Warehouse, including position(s) and time and place of employment and (d) the identity of a person who, if necessary, may be contacted in connection with the Notice of Exclusion and such person’s telephone number.

    IN ORDER TO BE EXCLUDED FROM THE CLASS, YOU MUST TIMELY REQUEST EXCLUSION IN THE MANNER SET FORTH ABOVE, EVEN IF YOU HAVE FILED OR HEREAFTER FILE YOUR OWN LAWSUIT AGAINST ANY OF THE DEFENDANTS BASED ON CLAIMS THAT ARISE OUT OF THE CONDUCT AT ISSUE IN THIS LITIGATION.

13. Can defendants fire me or take other action against me because I am part of this case?

    No. The law prohibits defendants from retaliating against any individual for being part of this lawsuit. Therefore, defendants are prohibited from firing you or retaliating against you in any other manner because you choose to participate in this lawsuit.

14. YOUR LEGAL REPRESENTATION IF YOU JOIN

14. Do I have a lawyer in this case?

    The law firm of Hach Rose Schirripa & Cheverie LLP is the counsel representing you and all Class Members and has been designated as “Class Counsel” in this lawsuit. They are experienced in handling similar cases against other employers. More information about the law firm, its practices, and its lawyers’ experience is available at www.hrsclaw.com.

    Unless you choose another lawyer (see below), these attorneys will represent you in this action.

15. Should I get my own lawyer?

    You do not need to hire your own lawyer because Hach Rose Schirripa & Cheverie LLP will be working on your behalf. It is your decision whether to hire your own lawyer.

16. How will the lawyers be paid?

    If the attorneys get money or benefits for the employees, they may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court grants the lawyers’ request, the fees and expenses would either be deducted from any money obtained for the class action or paid separately by defendants.

    If the plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

17. THE TRIAL

17. How and when will the Court decide who is right?

    If the lawsuit is not resolved by a settlement or by the Court before trial, the plaintiffs will have to prove their claims at a trial. The trial will take place in Kings County. During the trial, a jury will hear evidence, including the testimony of witnesses, to help them reach a decision about whether the plaintiffs are right about the claims in the lawsuit. There is no guarantee that the plaintiffs will prevail, or that they will be awarded any damages.

18. Do I have to come to trial?

    You are not required to attend the trial unless one of the parties asks you to be a witness at the trial. If plaintiffs’ counsel or defendants’ counsel believes that your testimony may be helpful to establishing important facts in the litigation, plaintiffs’ counsel will contact you before the trial to provide more information regarding your participation in the trial.

19. GETTING MORE INFORMATION

4. Are there more details available?

   Yes. If you have any questions or require additional information, please contact plaintiffs’ counsel, Hach Rose Schirripa & Cheverie LLP, at the phone number or address listed in the Contact Us page.