NOTICE OF SETTLEMENT OF CLASS ACTION LAWSUIT
A Massachusetts State Court Ordered this Notice
Re: Anthony Archer v. T.A.G. and More Enterprises, Inc. (“Palace Pizza”)., et al.
Bristol Superior Court, Civil Action No. 2173-CV-00854-A
We are writing to tell you that you may be eligible to receive a share of a proposed settlement in a class action lawsuit.
Who Is Affected By This Settlement?
The settlement covers the following group: all delivery drivers who worked for a Palace Pizza location[1] in Massachusetts during the period relevant to this case, November 24, 2018 to September 30, 2023. This settlement does not cover other positions, locations, or periods of time. The covered employees are referred to as the “Settlement Class.”
What Are The Claims In These Cases?
The above-referenced case was filed in 2021. It was filed by an individual (called a “named plaintiff”) for himself and others similarly situated. The lawsuit generally claims that Palace Pizza did not reimburse delivery drivers for their travel expenses and did not pay delivery drivers for delivery charges that should have been considered gratuities under Massachusetts laws. The Defendants, who are the corporate owners of the four Palace Pizza restaurants and certain corporate officers, vigorously deny that they or any of Palace Pizza’s compensation practices or policies violated any laws. The parties want to resolve the case to avoid the cost, uncertainty, and risks of continued litigation.
What Are The Terms Of The Settlement?
If approved by the court, the settlement will make money available to members of the Settlement Class who return claim forms (included with this notice). The total amount of the proposed settlement funds is $575,000. The settlement proposes that one-third of the settlement funds will be used to pay for attorneys’ fees for bringing and prosecuting the lawsuit. Up to $10,000 of the settlement funds will be allocated to litigation and settlement administration costs. The named plaintiff, who brought the case and who assisted counsel in the prosecution of the claims, will receive up to $7,500 as an incentive payment to compensate him for the risk he took by filing the case and the burden he faced by serving as a named plaintiff. Up to $5,000 of the settlement funds will be allocated to a dispute fund to address unanticipated issues that may arise.
The remaining settlement funds, in an amount of at least $360,834, will be paid out to members of the Settlement Class who submit claim forms, in proportion to their estimated alleged damages for the travel expense reimbursement claim. As a result, the actual amount payable to each Settlement Class member will vary depending on their individual circumstances. The proposed settlement calls for the first settlement amounts to be paid out to members of the Settlement Class in or around September, 2024 following the claims and court approval process, but we do not know the exact date right now. Approximately six months after the first claims process, a reminder notice will be sent out to members of the Settlement Class who have not claimed, and any remaining funds will be distributed to members of the Settlement Class who have submitted claims. As a result, if you file a claim now, you will end up getting two distributions, including your original share plus some portion of any unclaimed funds.
If you would like to review a copy of the proposed settlement agreement, please contact Settlement Class Counsel, whose name and contact information appears below.
Based on an analysis of the risks of litigation and the potential damages that could be obtained in this case, we believe that this is a fair settlement based on the totality of the circumstances. If the case proceeds without a settlement, there is no guarantee that a class would be certified, that any judgment would be in the Settlement Class’s favor, or that any payments ultimately will be made. Litigation always poses a risk of unexpected outcomes and significant delays.
What Do I Need To Do?
IMPORTANT: In order to claim your share of the settlement, you must complete and sign the enclosed claim form, and return it to Optime Administration, LLC by May 13, 2024.
There will be a court hearing at 2:00p.m. on July 9, 2024 at the Bristol Superior Court, 441 County St., New Bedford, MA 02740, which may proceed via Zoom, at the discretion of the Court. At this hearing, the Court will consider whether to approve the settlement. Under Massachusetts law, you have the right to object to the settlement, but you may not opt out of this case. If the Court grants approval of the settlement, you will be bound by it if you are a member of the Settlement Class. Pursuant to the settlement, all members of the Settlement Class will forever release and discharge certain claims, as described in the claim form. A release means you can’t sue or be part of any other lawsuit against Palace Pizza or Defendants (or the other “Released Persons” as defined in the Settlement Agreement) for claims asserted or that could have been asserted in this lawsuit.For more information about the terms of the release, you may consult the Settlement Agreement. If the settlement is not approved by the Court, the litigation will continue until it reaches an ultimate disposition, which might also bind you. If you object to the proposed settlement, you must send a written objection to Optime Administration, LLC by May 13, 2024, and it will be provided to the Court and all counsel. You also have the right to attend the hearing on July 9, 2024, but you do not need to attend.
If you have any questions about filing a claim, please contact the settlement administrator:
[1] North New Bedford (587 Tarkiln Hill Rd, New Bedford, MA 02745), Dartmouth (493 State Rd Dartmouth, MA 02747), South New Bedford (13 Allen St New Bedford, MA 02740), or Fairhaven (142 Huttleston Ave Fairhaven, MA 02719)
Optime Administration, LLC
PO Box 3206
Brockton, MA 02304
Toll Free (844) 625-7313
Fax (781) 287-0381
Email: [email protected]
If you have any legal questions about the case, please contact Settlement Class Counsel:
Steve Churchill
Fair Work, P.C.
192 South Street
Suite 450
Boston, MA 02111
(617) 607-3260
[email protected]
These lawyers are called Settlement Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.