WOODBURY COUNTRY CLUB

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU

LISA MACALUSO and CHRISTINE PICA, individually and for and on behalf of all similarly situated persons who were employed by WOODBURY INTERNATIONAL, INC. d/b/a WOODBURY COUNTRY CLUB, and/or WOODBURY COUNTRY CLUB, INC .,

Plaintiffs,

– against –

WOODBURY INTERNATIONAL, INC. d/b/a WOODBURY COUNTRY CLUB and/or Woodbury Country Club, Inc.; and/or any other entities affiliated with or controlled by WOODBURY INTERNATIONAL, INC. d/b/a WOODBURY COUNTRY CLUB and/or WOODBURY COUNTRY CLUB, INC.,

Defendants.

Index No.: 12/003216

[PROPOSED]NOTICE OF WAGE & HOUR LAWSUIT

To: All individuals employed by Woodbury International Inc. d/b/a Woodbury Country Club, Woodbury Country Club, Inc., and/or any other entities affiliated with or controlled by Woodbury International Inc. d/b/a Woodbury Country Club, Woodbury Country Club, Inc. (“Woodbury Country Club”) from March 13, 2006 to the present in such trades, classifications and professions that customarily receive gratuities including, but not limited to, servers, bartenders, captains, and bridal attendants (“Service Employees”). The putative class does not include maintenance workers, corporate officers, salespersons, cooks, food preparers, chefs, dishwashers, directors, clerical, office workers or any other person employed by Woodbury Country Club whose trade, classification or profession does not customarily receive gratuities. The putative class also does not include Maitre d’s. (the “Class”).

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

 

    • Plaintiffs Lisa Macaluso and Christine Pica (“Plaintiffs”) worked as Service Employees for Woodbury Country Club and have brought this lawsuit on behalf of themselves and other current and former Service 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?

The purpose of this notice is to inform you of the existence of this lawsuit, and to advise you of how your rights may be affected by 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 Arthur M. Diamond, New York State Supreme Court, Nassau County is presiding over this class action.

3.  How do I join this lawsuit?

If you worked for Woodbury Country Club as a Service Employee at any time from March 13, 2006 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 Leeds Brown Law, P.C. or Virginia & Ambinder, LLP, the attorneys appointed as Class Counsel. Leeds Brown Law is located at One Old Country Road, Suite 347, Carle Place, New York, 11514, Phone: (516) 873-9550 Website: www.leedsbrownlaw.com. Virginia & Ambinder is located at 111 Broadway, Suite 1403, New York, New York 10006, Phone: (212) 943-9080, Website: www.vandallp.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, but you want to keep the right to sue or continue to sue Defendants on your own about the legal issues in this case, or which could have been brought in this case, then you must take steps to exclude yourself from this case.

If you intend to exclude yourself, you must mail a written, signed statement to Class Counsel by mail or facsimile sent to Jeffrey K. Brown, Esq., of Leeds Brown Law, P.C., One Old Country Road, Suite 347, Carle Place, New York, 11514. 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, or in the future in the event there is a change in existing law. 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 Leeds Brown Law, P.C., One Old Country Road, Suite 347, Carle Place, New York 11514 and Virginia & Ambinder, LLP, Trinity Centre, 111 Broadway, Suite 1403, New York, New York, 10006 have been designated as legal counsel to represent you and the other Class Members. These lawyers are called Class Counsel.

The law firms of Leeds Brown Law, P.C., One Old Country Road, Suite 347, Carle Place, New York 11514 and Virginia & Ambinder, LLP, Trinity Centre, 111 Broadway, Suite 1403, New York, New York, 10006 have been designated as legal counsel to represent you and the other Class Members. These lawyers are called Class Counsel.

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 because you are 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 Jeffrey K. Brown, Esq., Daniel Markowitz, Esq., or Michael Tompkins, Esq. of Leeds Brown Law, P.C. at (516) 873-9550; or Lloyd Ambinder, Esq. of Virginia & Ambinder, LLP at (212) 943-9080. You may also email any questions to Class Counsel at jbrown@leedsbrownlaw.com; dmarkowitz@leedsbrownlaw.commtompkins@leedsbrownlaw.com; or lambinder@vandallp.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 Arthur M. Diamond, J.S.C

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