SINGH HOSPITALITY GROUP

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU

GEANCARLO CARLIN, LUIS PORTILLO; individually and on behalf of all other persons similarly situated who were employed by SINGH HOSPITALITY GROUP, INC., et al

Plaintiffs,

– against –

SINGH HOSPITALITY GROUP, INC.; S.R.B. CONVENTION & CATERING CORP.; QUINN RESTAURANT CORPORATION; SRB CATERING CORP.; SRB CONCESSION INC.; BRS CONCESSION, INC.; RAJ & RAJ REALTY LTD.; SINGH R & H REALTY INC.; HARENDRA SINGH, et al

Defendants.

Index No.: 014702/2012

NOTICE OF WAGE & HOUR LAWSUIT

To: All individuals employed by Defendants from July 15, 2005 to the present in such trades, classifications and professions that customarily receive gratuities including but not limited to waiters, bussers, banquet servers, runners, captains, bartenders, and maitre d’s. The putative class does not include maintenance workers, corporate officers, salespersons, cooks, food preparers, chefs, dishwashers, directors, clerical staff, office workers or any other person employed by Defendants whose trade, classification or profession does not customarily receive gratuities and/or who did not work at catered or banquet events (the “Class” or “Putative Class”).

• This notice has been authorized by the Honorable Robert A. Bruno, J.S.C. and may affect your legal rights. This is not a solicitation from a lawyer.

• Plaintiffs Geancarlo Carlin and Luis Portillo (“Plaintiffs”) worked for Defendants and have brought this lawsuit on behalf of themselves and other current and former employees to seek payment of alleged unpaid gratuities under New York Labor Law.

• Defendants deny any wrongdoing and/or liability.

• Receipt of this notice does not indicate that you are entitled to receive any monetary recovery. No determination has been made by the Court that you are owed any unpaid gratuities and the Court is not endorsing the merits of this lawsuit or the defenses.

1.  Why did I get this notice?

According to Defendants’ records, you worked as a waiter, busser, banquet server, runner, captain, bartender, maitre d’ or other position that customarily receives gratuities (hereinafter called “Service Employee”) at Woodlands, Woodlands at the Greens, Water’s Edge, H.R. Singletons Grill & Bar, Poco Loco Mexican Restaurant, or Singletons Seafood Shack from July 15, 2005 to the present. Therefore, you are entitled to be advised of how your rights may be affected by this lawsuit. The purpose of this notice is to inform you of the existence of this lawsuit and answer some of your questions related to this lawsuit.

2.  What is a class action?

A class action is a lawsuit where one or more persons sue not only for themselves, but also for other people who have similar claims. These other people are known as Class Members. In a class action, one court resolves the issues for all Class Members, except for those who exclude themselves from the Class. Justice Robert A. Bruno, New York State Supreme Court, Nassau County is presiding over this class action.

3.  How do I join this lawsuit?

If you worked for Defendants as a Service Employee at any time from July 15, 2005 to the present you are a member of the Class, and do not need to do anything to join this lawsuit. It is suggested that you make an appointment to meet with a representative of Virginia & Ambinder, LLP and Leeds Brown Law, P.C., the attorneys appointed as Class Counsel. Virginia & Ambinder is located at 111 Broadway, Suite 1403, New York, New York 10006, telephone 212-943-9080, website www.vandallp.com. Leeds Brown Law is located at One Old Country Road, Suite 347, Carle Place, New York, 11514, website www.leedsbrownlaw.com or www.waitersrights.com. You have the right to consult with an attorney of your own choosing and to initiate your own action if you do not wish to participate in this class action lawsuit.

4.  How do I exclude myself from this lawsuit?

If you wish to opt-out and be excluded from the Class, and you want to keep the right to sue Defendants on your own about the legal issues in this case, or which could have been brought in this case, you must take steps to exclude yourself from this case. If you intend to exclude yourself, you must mail or fax a written, signed statement to Class Counsel Jeffrey K. Brown, Esq., of Leeds Brown Law, P.C., 1 Old Country Road, Suite 347, Carle Place, New York 11514, Fax: (516) 747-5024. Your signed statement must contain your name, address, telephone number, and state that you wish to exclude yourself from the Singh Lawsuit. If you decide not to participate in this lawsuit, you may not be eligible to receive any benefits in the event that a settlement or judgment is obtained. You will also not be affected by any ruling, judgment or settlement rendered in this lawsuit. Although you have a right to opt-out and bring a similar case on your own in the future, you should be aware that New York wage and hour claims are subject to a six-year statute of limitations.

5.  If I don’t exclude myself from this lawsuit, can I sue Defendants for the same thing later?

Unless you exclude yourself, you give up any rights to sue Defendants for the New York Labor Law claims brought in this case or which could have been brought in this case. However, if you decide not to participate in this lawsuit, you may not be eligible to receive any benefits in the event that a settlement or judgment is obtained.

6.  Do I have a lawyer in this case?

The law firms of Virginia & Ambinder, LLP, Trinity Centre, 111 Broadway, Suite 1403, New York, New York, 10006 and Leeds Brown Law, P.C., One Old Country Road, Suite 347, Carle Place, New York 11514 have been designated as legal counsel to represent you and the other Class Members. These lawyers are called Class Counsel. If you are represented by Virginia & Ambinder, LLP and Leeds Brown Law, P.C., any attorney fees will be paid out of any recovery that is obtained. If there is a recovery, the fees may be part of a settlement obtained or money judgment entered in favor of Plaintiffs, or may be ordered by the court to be paid by the Defendants, or may be a combination of both. If you are represented by Virginia & Ambinder, LLP and Leeds Brown Law, P.C. and Plaintiffs do not recover anything in this lawsuit, you will not have to pay any attorneys’ fees. You may be represented by your own lawyer at your own expense.

7. Can the Defendants retaliate against me for participating in this lawsuit?

New York law prohibits Defendants from firing, disciplining, or in any manner discriminating or retaliating against you as a class member in this case, or have in any other way exercised your rights under the New York Labor Law.

8.  What if I still have questions?

If you have any questions about this lawsuit, or would like further information about this notice, you can contact Class Counsel Lloyd Ambinder, Esq. of Virginia & Ambinder, LLP at (212) 943-9080; or Jeffrey K. Brown, Esq. of Leeds Brown Law, P.C. at (516) 873-9550. You may also email any questions to Class Counsel at Lambinder@vandallp.com, Jbrown@leedsbrownlaw.com or Mthompkins@leedsbrownlaw.com

You have a right to participate in this action even if you are an undocumented alien or if you were paid in cash.

PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS INVOLVING THIS LAWSUIT

Dated: Mineola, New York, 2014 Honorable Robert A. Bruno, J.S.C