Pineda, et al. v. Hacienda Amigos Mexican Kitchen, LLC

Nineteenth Judicial Circuit in and for Indian River County, Florida
Case No. 2024CA000296

PROPOSED CLASS/COLLECTIVE ACTION SETTLEMENT

Pineda, et al. v. Hacienda Amigos, LLC, Case No. 2024CA000296
(Nineteenth Judicial Circuit in and for St. Lucie 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 HACIENDA AMIGOS MEXICAN KITCHEN IN PORT ST. LUCIE, FLORIDA BETWEEN JUNE 20, 2018, 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?

This is to inform you that a proposed settlement has been reached in a class/collective action lawsuit between Hacienda Amigos, LLC d/b/a Hacienda Amigos Mexican Kitchen (“Defendant”) and certain individuals who worked as Servers at Hacienda Amigos Mexican Kitchen between June 20, 2018, and October 2, 2023. Luis Pineda (“Mr. Pineda”), a former Server at Hacienda 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 Hacienda Amigos Mexican Kitchen in Port St. Lucie, Florida, between June 20, 2018, 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. Hacienda Amigos, LLC, Case No. 2024CA000296, currently pending in the Nineteenth Judicial Circuit in and for St. Lucie 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 Hacienda Amigos Mexican Kitchen in Port St. Lucie, Florida between June 20, 2018, 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 Hacienda Amigos Mexican Kitchen in Port St. Lucie, Florida between June 20, 2020, 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 $0.73 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 $7.67 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 Hacienda 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 pursuant to Section 11 below.

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 19, 2024, at 9:00 a.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 Hacienda Amigos Mexican Kitchen on the claims in the lawsuit but receive no money.

 

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 on the Claim Form or the Notice you received by entering you SIMID and Last Name exactly how it appears at the top of your Notice.

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 this form by this date as instructed on the Consent to Join/ Opt in the Notice you received by entering you SIMID and Last Name exactly how it appears at the top of your Notice.

Postmarked by: June 12, 2024

Upcoming Important Dates

File a Claim (Minimum Wage)

06/12/2024

File a Consent to Join/ Collective Form (Overtime)

06/12/2024

Request Exclusion from the Settlement

06/12/2024

Object to the Settlement

06/12/2024

Final Approval Hearing at 9:00 a.m. at the St. Lucie County Courthouse in Port St. Lucie, Florida

06/19/2024