NOTICE OF FINAL APPROVAL OF SETTLEMENT AND CLAIM PROCESS
NOTICE TO ALL INDIVIDUALS WHO DANCED AT THE GOLD CLUB, LOCATED AT 650 HOWARD STREET IN SAN FRANCISCO, CALIFORNIA, FROM MAY 24, 2000 UNTIL FEBRUARY 18, 2004: UNLESS YOU OPTED OUT, YOU ARE A MEMBER OF A CLASS OF PERSONS WHO SUED THE GOLD CLUB. YOU SHOULD CAREFULLY READ THIS NOTICE BECAUSE IT WILL AFFECT YOUR RIGHTS.
BACKGROUND OF CASE
The Plaintiffs in this lawsuit are three former dancers at the Gold Club, who performed under the stage names “Grace,” “Kili” and “Debra.” The Plaintiffs sued Defendants SOLID GOLD, INC., TOP SHELF ENTERTAINMENT, INC., and GOLD CLUB – SF, LLC. At the Plaintiffs’ request, the Court authorized this lawsuit to proceed as a class action and appointed the Plaintiffs to act as the Class Representatives on behalf of all dancers who worked at the Gold Club from May 24, 2000 until February 18, 2004 who did not opt out of the Class. This group of dancers is known as the Class or the Class Plaintiffs. The Court also appointed the attorneys listed below as Class counsel to provide legal representation to each Class member.
The Class alleged that Defendants violated California law by treating Class members as independent contractors, when those persons were in fact employees of one or more of the Defendants. Defendants denied the Class' allegations and asserted that Class members were properly treated as independent contractors, not employees. The case has settled and the settlement provides for reimbursement to class members of stage fees they paid to management of the Gold Club during the class period and reimbursement to class members of work expenses for costumes, shoes and stage make up purchased for use, and used at, the Gold Club during the class period, up to a maximum aggregate amount of $2,500,000.00, plus attorneys fees and incentive payments to the named class representatives.
The parties have agreed to settle all claims under the terms set forth in this notice and on July 11, 2006, this Court gave final approval to a settlement of the Class Action, approved the dismissal of this action, a mutual release, and directed that a judgment be entered pursuant to the settlement.
DEFINITION OF CLASS
On June 8, 2005, the Court entered an order certifying the Class, which is defined as follows:
All entertainers who performed at the Gold Club at 650 Howard Street in San Francisco from May 24, 2000 through February 18, 2004.
If you fall within this definition and you did not opt out, you are a member of the Class and your claims are subject to this settlement, release and the Court’s dismissal of this case.
The parties have entered into a Settlement of the Class Action which the Court has approved. Pursuant to the settlement, Class Members may submit a notarized claim form signed under penalty of perjury that provides the class member’s legal name, stage name(s), current complete mailing address, telephone number and social security number, and provides the dates they performed at The Gold Club (such dates being provided specifically or approximately) during the class period, the approximate or exact amount of stage fees paid, and the amount of unreimbursed work-related expenses incurred during the class period as supported by receipts or tax returns to be attached to the claim form. Valid claims will be paid over time, pursuant to an installment plan. The Settlement provides that the total amount paid as to all valid claims will not exceed Two Million Five Hundred Thousand dollars ($2,500,000). Should the total amount of valid claims exceed this amount, all claims will be proportionally reduced such that they total this amount. If the total amount of all valid claims does not exceed this amount, valid claims will be paid in full. Gold Club will pay $25,000 per month for valid claims until the separate attorneys fees approved by the Court are paid, and thereafter will pay $50,000 per month for valid claims until all claims are paid or until the total amount of $2,500,000 is reached. These monthly payments will be made to a Claims Administrator who will deposit them in an interest-bearing account for the benefit of Class members. The Claims Administrator will in turn make payments to all valid claimants every six months from this pool of monthly payments received from the Gold Club until the entire amounts of valid claims are paid. Class representatives will receive payment for their claims first. Thereafter, remaining Class members will receive pro rata partial payments for their valid claims every six months until the amounts due for valid claims are paid. At any time in Gold Club’s discretion Gold Club may expedite payments to the Class. Class members must inform the Claims Administrator of a change of address so that the Claims Administrator can forward any remaining payments.
To make a claim, you must completely fill out a claim form and have it notarized by a notary public. If you are receiving this notice by mail, a claim form is included herewith. If you are receiving this notice in a publication or if no claim form is attached to this notice, you may receive a claim form by contacting the claims administrator, Gilardi & Co., LLC, at 1-800-780-8015 or writing to Gilardi & Co. LLC, P.O. Box 1110, Corte Madera, CA 94976-1110, or by visiting www.gilardi.com and clicking on the “Gold Club” link.
The notarized claim form must be mailed to Gilardi & Co. at the address indicated on the Claim Form no later than October 2, 2006.
If you wish to obtain information about this settlement you may contact the Claims Administrator, Gilardi & Co., at 1-800-780-8015, or Plaintiffs' Counsel, James Quadra, Moscone, Emblidge & Quadra, 180 Montgomery Street, Suite 1240, San Francisco, CA 94104, 415-362-3599. PLEASE DO NOT CONTACT THE COURT. If you are a class member please do not contact counsel for the defendant, Douglas Melton, as he is not permitted to speak with you.