Levi and Chicoine v. The Foxy Lady

United States District Court For The District of Rhode Island
Civil Action No. 1:15-cv-216-WES-PAS

NOTICE OF CLASS ACTION SETTLEMENT

PLEASE READ THIS NOTICE CAREFULLY

YOU MAY BE ELIGIBLE TO RECEIVE MONEY FROM THIS SETTLEMENT AND YOUR RIGHTS WILL BE AFFECTED BY THESE PROCEEDINGS

1.         WHAT IS THIS?

This is a notice about a proposed settlement in a lawsuit between Ruby Levi, Emily Chicoine, Gulliver’s Tavern, Incorporated, and Solid Gold Properties, Inc. This is not an advertisement or a solicitation. The United States District Court for the District of Rhode Island has authorized us to send you this notice.

2.         WHY DID I GET THIS NOTICE?

You received this notice because you may be eligible to participate in a proposed settlement of a class and collective action lawsuit involving individuals who performed as exotic dancers at the Foxy Lady located at 318 Chalkstone Avenue in Providence, Rhode Island (the “Foxy Lady”) between May 23, 2012, and September 23, 2021. As a result of that proposed settlement, you may be eligible to receive money, and your legal rights will be affected.

3.         WHAT WAS THE LAWSUIT ABOUT?

The plaintiffs who brought this lawsuit were Ruby Levi and Emily Chicoine. They alleged that the defendants misclassified entertainers who performed as exotic dancers at the Foxy Lady as independent contractors, rather than employees. As a result of their independent contractor status, the plaintiffs alleged that the defendants had failed to pay the entertainers at the Foxy Lady the statutory minimum wage; had improperly required the entertainers to pay house fees and fines; and had not allowed the entertainers to retain all of their gratuities.  

The defendants dispute these claims and deny that they engaged in any wrongdoing of any kind. The defendants’ position throughout the lawsuit was that their practices complied with all relevant laws and that the entertainers who worked at the Foxy Lady were properly treated as independent contractors. However, the parties wished to avoid the further burden, expense, and risk inherent in continued litigation; so, they have reached this proposed settlement.

4.         WHO CAN PARTICIPATE IN THIS SETTLEMENT?

All individuals who have worked as entertainers providing exotic dancing services at the Foxy Lady between May 23, 2012, and September 23, 2021, are eligible to participate in this proposed settlement.

5.         WHAT ARE THE TERMS OF THE SETTLEMENT?

The defendants have agreed to pay $1,500,000 to fully and finally resolve the lawsuit on behalf of everyone who has worked as an entertainer providing exotic dancing services at the Foxy Lady since May 23, 2012. Payments to eligible entertainers who participate in this settlement will be calculated in proportion to how long they worked at the Foxy Lady during the relevant period. Settlement proceeds that are not allocated to attorneys’ fees and costs, service awards, administrative expenses, or payroll taxes may be distributed to those individuals who timely submit valid claim forms. Any residual funds following complete distribution of the settlement (e.g. from uncashed checks) will be held for 120 days, after which time such funds will be split evenly between the Susan G. Komen Foundation and the defendants.

Subject to Court approval, up to one-third of that the settlement fund ($500,000) will be paid to plaintiffs’ counsel to compensate them for their legal fees and costs. In addition, and also subject to Court approval, service awards of $25,000 will be paid to each of the two plaintiffs in order to compensate them for them time, effort, the risks they incurred pursuing this lawsuit on behalf of the class, and the rights they are releasing in order to effectuate this settlement.

A third-party company is administering the settlement. The costs of retaining that administrator will also be paid from the total settlement amount. After deduction for these items (i.e. attorneys’ fees and costs, the service awards, and administrative expenses), the remainder of the settlement fund will be distributed to all eligible individuals who timely submit the claim and tax forms that accompany this notice.

This proposed settlement is subject to approval by the United States District Court for the District of Rhode Island. On September 23, 2021, the Court preliminarily approved this settlement and authorized the parties to send you this notice. The Court has now scheduled a final approval hearing for February 10, 2022, at 9:00 a.m. That hearing will take place by Zoom. At that hearing, the Court will consider whether to grant final approval of this settlement.

6.         WHAT ARE MY OPTIONS?

You have four options: (1) submit a claim form in order to receive payment from the settlement; (2) object to the settlement; (3) opt out of the settlement; or (3) do nothing. Each option is explained below.

A.        OPTION ONE: Submit a claim form.

In order to ensure that you are eligible to receive a payment from the settlement, you mustsubmit a claim form by no later than January 31, 2022. You can submit the claim form online by clicking the link below:

You can also print out the claim form and submit it by mail, email, or fax to the following address:

Optime Administration, LLC
P.O. Box 3206
Brockton, MA 02304
Fax 781-287-0381
Email: [email protected]

If your claim form is not received by January 31, 2022, you may not be eligible to receive a payment from the settlement fund. However, if you do not opt out, you will still be bound by the terms of the settlement and your claims against the defendants will still be released. Please note that the settlement payment you receive may be taxable, so you should contact a tax advisor with any questions regarding that matter.

B.        OPTION TWO: Object.

Any class member who believes she has reason to object to the parties’ settlement may do so by submitting a written statement to the administrator no later than January 31, 2022. The administrator’s information is listed in section 6.A. and on the claim form that accompanies this notice. The administrator will provide a copy of your objection to the attorneys for the parties, who will file your objection with the Court. Any written objection must include your name, address, and telephone number; a clear explanation as to why you are objecting to the settlement; a statement of whether you are represented by counsel (and the contact information for your counsel); whether you or your counsel will appear at the final approval hearing; and your signature. Note that, even if you submit an objection, you must still timely submit a claim form and tax form to receive any portion of the settlement, in the event the Court overrules your objections and approves the settlement.

C.        OPTION THREE: Opt out.

If you wish to exclude yourself from this settlement, you must submit a written request for exclusion to the administrator no later than January 31, 2022. The administrator’s information is listed in section 6.A. and on the claim form that accompanies this notice. To be effective, your exclusion request must state that you request to be excluded from or “opt out” of the settlement in Levi v. Gulliver’s Tavern, Incorporated, Case No. 1:15-cv-00216, and must include your name, address, and telephone number, be signed by you, and should state that you understand that by excluding yourself from the settlement, you will receive no funds in conjunction with the case.

If you exclude yourself, you will not be eligible to receive any settlement payment. If you do not timely return a request to be excluded, you will remain a member of the class of people who are subject to this settlement and you will be bound by any final judgment entered in the case and by the release of claims set forth in section 7 of this notice. If you timely submit a valid request to be excluded from the settlement, you will not be bound by any final judgment, and will not be bound by the release of claims set forth in section 7.

            D.        OPTION FOUR: Do nothing.

If you do nothing, and if the Court approves the settlement at the hearing on February 10, 2022, you will be bound by the settlement – including any judgment entered in this case and the release of claims set forth in section 7, below – but will not receive any money.

7.         WHAT CLAIMS WILL I RELEASE IF I DO NOT OPT OUT?

If you do not opt out of the settlement, regardless of whether you submit a claim form and receive any settlement funds, you will be deemed to have forever settled, compromised, released, discharged and dismissed all claims that were alleged or that could reasonably have been alleged in this lawsuit against Gulliver’s Tavern, Incorporated, and Solid Gold Properties, as well as each of their former, existing, or future employees, supervisors, managers, officers, directors, owners, agents, and affiliates, under any of the laws, regulations, statutes, and common law of any state, including the State of Rhode Island, as well any federal, state, or local statute, ordinance, or regulation, including, without limitation, the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., and Rhode Island General Laws § 28, et seq., that relate to or concern the defendants’ classification of entertainers at the Foxy Lady as independent contractors, the payment of wages, hours worked, or gratuities.

9.         DO I NEED TO ATTEND THE FINAL APPROVAL HEARING?

No. You are welcome to attend the Court hearing on February 10, 2022, but you are not required to do so.

10.       WHO WILL ANSWER MY QUESTIONS ABOUT THE SETTLEMENT?

If you have any questions, please contact the plaintiff’s attorneys:

Do not contact the Court directly about this matter.

The Court cannot provide you with legal advice or any opinion regarding the case or the proposed settlement.