Spearmint Rhino (Santa Barbara Hospitality) Class Action Settlement

Class Eligibility

You may be part of the settlement if you performed as an entertainer at any of the Clubs and falls within at least one of the following subclasses:

(1). “California Settlement Class”: the individuals who worked as entertainers and who have provided nude, semi-nude and/or bikini entertainment for customers at one or more of the Clubs owned by the following entities at some point during the period of time from February 3, 2013 up to and including the entry of the Preliminary Approval Order: City of Industry Hospitality Venture, Inc. (Spearmint Rhino – City of Industry, CA); Farmdale Hospitality Services, Inc. (Blue Zebra – North Hollywood, CA); Inland Restaurant Venture I, Inc. (Spearmint Rhino – Van Nuys, CA); Midnight Sun Enterprises, Inc. (Spearmint Rhino, Torrance, CA); Olympic Avenue Venture, Inc. (Spearmint Rhino, Los Angeles, CA); The Oxnard Hospitality Services, Inc. (Spearmint Rhino, Oxnard, CA); Rialto Pockets, Incorporated (Spearmint Rhino, Rialto, CA); Rouge Gentlemen’s Club, Inc. (Dames N Games, Van Nuys, CA); Santa Barbara Hospitality Services, Inc. (Spearmint Rhino, Santa Barbara, CA); Santa Maria Restaurant Enterprises, Inc. (Spearmint Rhino, Santa Maria, CA); and Washington Management, LLC (Dames N Games, Los Angeles, CA).

(2) “Florida Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by WPB Hospitality, LLC from February 3, 2012 to the entry of the Preliminary Approval Order.

(3) “Idaho Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by L.C.M., LLC from February 3, 2014 to the entry of the Preliminary Approval Order.

(4) “Iowa Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Sarie’s Lounge, LLC and World Class Ventures, LLC from February 3, 2014 to the entry of the Preliminary Approval Order.

(5) “Kentucky Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Kentucky Hospitality Venture, LLC from February 3, 2014 to the entry of the Preliminary Approval Order.

(6) “Minnesota Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Nitelife, Inc. from February 3, 2014 to the entry of the Preliminary Approval Order.

(7) “Oregon Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by Wild Orchid, Inc. from February 3, 2014 to the entry of the Preliminary Approval Order.

(8) “Texas Settlement Class”: the individuals who performed as entertainers and who have provided nude, semi-nude, and/or bikini entertainment for customers at the Club owned by High Expectations Hospitality Venture, LLC from May 3, 2014 to the entry of the Preliminary Approval Order.

(9) “FLSA Settlement Class”: the individuals who are members of the California, Idaho, Iowa, Florida, Kentucky, Minnesota, Oregon and Texas Settlement Classes who elect to participate in the Settlement and timely submit a Valid Claim Form.

(10) “Intervenor Class”: the individuals who currently perform as members of limited liability companies at any Existing Clubs and wish to perform and remain classified as Owners or LLC Members and not as employees.

Estimated Amount

$6.92 to $11.93

Proof of Purchase

N/A

Case Name

Byrne v. Santa Barbara Hospitality Services Settlement
Case No. 5:17-cv-00527

District Court for the Central District of California

Case Summary

Plaintiffs contend that entertainers performing for customers at the adult clubs doing business as Spearmint Rhino, Blue Zebra, and Dames N Games, in the states of California, Idaho, Iowa, Florida, Kentucky, Minnesota, Oregon and Texas owned by City of Industry Hospitality Venture, Inc. (Spearmint Rhino – City of Industry, CA), Farmdale Hospitality Services, Inc. (Blue Zebra – North Hollywood, CA), High Expectations Hospitality, LLC (Spearmint Rhino – Dallas, TX), Inland Restaurant Venture I, Inc. (Spearmint Rhino – Van Nuys, CA), Kentucky Hospitality Venture, LLC (Spearmint Rhino – Lexington, KY), L.C.M., LLC (Spearmint Rhino – Boise Idaho), Midnight Sun Enterprises, Inc. (Spearmint Rhino – Torrance, CA), Nitelife, Inc. (Spearmint Rhino – Minneapolis, MN), Olympic Avenue Venture, Inc. (Spearmint Rhino – Los Angeles, CA), The Oxnard Hospitality Services, Inc. (Spearmint Rhino – Oxnard, CA), Rialto Pockets, Incorporated (Spearmint Rhino – Rialto, CA), Rouge Gentlemen’s Club, Inc. (Dames N Games – Van Nuys, CA), Santa Barbara Hospitality Services, Inc. (Spearmint Rhino – Santa Barbara, CA), Santa Maria Restaurant Enterprises, Inc. (Spearmint Rhino – Santa Maria, CA), Sarie’s Lounge, LLC (Spearmint Rhino – Omaha, NE), Washington Management, LLC (Dames N Games – Los Angeles, CA) Wild Orchid, Inc. (Spearmint Rhino – Portland, OR), World Class Venues, LLC (Spearmint Rhino – Omaha, NE), (the “Clubs”) should have been treated as employees rather than as owners (i.e., members of limited liability companies), and as a result were entitled to but did not receive adequate compensation and benefits in exchange for the services they provided to the Club(s). Plaintiffs further contend that Defendants failed to pay overtime, failed to provide meal and rest periods, failed to provide accurate, itemized wage statements, that Defendants were engaged in unlawful tip-sharing arrangements with the entertainers and that Defendants violated the Private Attorney General Act (“PAGA”) (Cal. Labor Code §§ 2699, et seq.). Defendants in the Action dispute and deny any and all claims asserted in the Action. Defendants deny that they engaged in any wrongdoing, and deny that they are liable to the Class Members in any way.

Settlement Pool

5,500,000

Deadline

02/02/2018

Contact



Jenetta L. Bracy v. DG Hospitality Van Nuys, LLC, et al.

Settlement Administrator

P.O. Box 40417

Louisville, KY 40204

866-644-9959