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.
CLAIMS PROCESS
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.
ADDITIONAL INFORMATION
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.