PROPOSED CLASS/COLLECTIVE ACTION SETTLEMENT
Pineda, et al v. Casa Amigos Mexican Kitchen, LLC, Case No. 312024CA000097 (Nineteenth Judicial Circuit in and for Indian River County, Florida)
PLEASE READ THIS CAREFULLY. YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS/COLLECTIVE ACTION SETTLEMENT IF YOU WORKED AS A SERVER AT CASA AMIGOS AUTHENTIC MEXICAN KITCHEN IN VERO BEACH, FLORIDA BETWEEN SEPTEMBER 22, 2022, AND OCTOBER 2, 2023.
A court authorized this proposed class/collective action settlement. This is not a solicitation from a lawyer and is not notice of a lawsuit against you.
WHY DID I GET A NOTICE?
The Notice was sent to inform you that a proposed settlement has been reached in a class/collective action lawsuit between Casa Amigos Mexican Kitchen, LLC d/b/a Casa Amigos Mexican Kitchen (“Defendant”) and certain individuals who worked as Servers at Casa Amigos Mexican Kitchen between September 22, 2022, and October 2, 2023. Luis Pineda (“Mr. Pineda”), a former Server at Casa Amigos Mexican Kitchen, initiated this lawsuit. Rather than continue to litigate these matters, the Parties have reached a settlement. Pursuant to the terms of the settlement, Servers who worked at Casa Amigos Mexican Kitchen in Vero Beach, Florida, between September 22, 2022, and October 2, 2023, may receive payments depending on the amount of time they worked between these time periods.
The lawsuit alleges that Defendant violated the Florida Minimum Wage Act by failing to provide servers adequate notice of the tip credit, failing to compensate servers the applicable reduced wage. The case is Pineda, et al. v. Casa Amigos Mexican Kitchen, LLC, Case No. 312024CA000097, currently pending in the Nineteenth Judicial Circuit in and for Indian River County, Florida. The proposed settlement is not an admission of wrongdoing by Defendant, and Defendant denies that they violated the law. The Court has not decided who is right or wrong. Rather, to avoid the time, expense, and uncertainty of litigation, the Parties have agreed to settle the lawsuit. The settlement has been preliminarily approved by the Court.
The lawsuit also alleges that Defendant violated the Fair Labor Standards Act by failing to provide servers with federal overtime wages at 1.5 times their regular hourly rate for every hour worked over 40 in a workweek. The settlement of this portion of the litigation has also been preliminarily approved by the Court.
You are a member of the minimum wage class and eligible to participate in the settlement if you worked as a Server at Casa Amigos Mexican Kitchen in Vero Beach, Florida between September 22, 2022, and October 2, 2023.
You are a member of the overtime collective and eligible to participate in the settlement if you worked more than 40 hours in one or more workweeks as a Server at Casa Amigos Mexican Kitchen in Vero Beach, Florida between September 22, 2022, and October 2, 2023.
If the Court approves the settlement, members of the class who submit valid claims will receive a distribution from a settlement fund that Defendant has agreed to establish. Each individual who submits a valid claim will receive a portion of this fund, after all notice and administration costs, an individual payment to Mr. Pineda, and attorneys’ fees – if approved by the Court – have been paid.
Payments are estimated to be $1.26 per hour for each hour you worked for the minimum wage class, depending on the duration of your actual employment.
Payments are estimated to be $4.83 per overtime hour for each overtime hour you worked for the overtime collective, depending on the duration of your actual employment.
Summary of Your Rights and Choices:
Your Legal Rights Are Affected Even If You Do Not Act.
Read This Carefully.
You May: | Effect of Choosing the Option: | Due Date: |
Exclude Yourself from the Minimum Wage Class Settlement | You can elect to get out of the class and keep your right to sue Casa Amigos Mexican Kitchen on your own in regard to the claims in the lawsuit. To exclude yourself from participating in the Settlement, you must complete and return a request for exclusion via USPS. | Postmarked by: June 12, 2024 |
File Objection | If you do not exclude yourself, you can remain a class member and still write to the Court about why you disagree with the settlement. | Postmarked by: June 12, 2024 |
Appear at a Hearing | If you do not exclude yourself, you can remain a class member and appear at the final hearing to advise the Court about why you disagree with the settlement | The Notice of Appearance must be postmarked on or before June 12, 2024, to appear at the final hearing on June 20, 2024, at 1:30 p.m. at the St. Lucie County Courthouse in Port St. Lucie, Florida |
Do Nothing | You will be bound by the terms of the settlement and give up your right to sue Casa Amigos Mexican Kitchen LLC on the claims in the lawsuit but receive no money. |
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Claim Your Portion of the Minimum Wage Class Settlement | If you wish to be included in the class settlement, you may receive a payment if you submit a completed Claim Form as instructed in FAQ 6. | Postmarked by: June 12, 2024 |
Claim Your Portion of the Overtime Collective Settlement | If you wish to be included in the collective settlement, you can elect to submit a consent form to receive a portion of the overtime collective settlement. To claim your portion of the settlement you must complete a form by this date as instructed in FAQ 6. | Postmarked by: June 12, 2024 |
These rights and options (and the deadlines for exercising them) are explained in the notice.
The Court in charge of this case has yet to decide whether to approve the Settlement. Payments will be made after the Court approves the Settlement and after appeals are resolved. Please, be patient.