Timberlake v. Fusione, Inc.
Fusione Litigation
Case No. BC616783

Frequently Asked Questions

 

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  • The purpose of the notice is to inform you of a class action lawsuit now pending before Los Angeles County Superior Court (the “Court”) under the above caption (the “Action”) brought by Lenell Timberlake (the “Plaintiff”) against Fusione, Inc. (the “Defendant”), doing business as Unici Casa and Society Unici. The notice is intended only to advise you of the pendency of the action and your rights with respect to the action.

    YOU ARE HEREBY NOTIFIED under California Rules of Court, rule 3.766 and order of the court of the pendency of the action as a class action.

    You received a notice because you are a potential class member. If you are a member of the class as defined in Question 3 below, your rights may be affected by this action. If you are a class member, you do not need to do anything at this time. If you do not meet the class definition, this notice does not apply to you. If you are uncertain as to whether you are a member of the class, contact JND Legal Administration, class counsel listed in Question 7 below, or consult your own attorney. DO NOT CONTACT THE COURT.

    The notice is not an admission by Defendant or an expression of any opinion by the court concerning the merits of the action, or a finding by the court that the claims asserted in the action by Plaintiff are valid. Defendant has denied Plaintiff’s claims and maintains it is not liable for the damages alleged by Plaintiff. The class definition may be subject to change by the court.

  • Plaintiff is the court-appointed class representative (in this case, Lenell Timberlake). Defendant is a California Corporation that does business as Unici Casa and Society Unici.

  • Plaintiff’s First Amended Class Action Complaint alleges that Defendant violated the Gender Tax Repeal Act of 1985 (Civ. Code, § 51.6, subd. (b)), the Unruh Act (Civ. Code, § 51.5, subd. (a)), and committed an unfair business practice (Bus. & Prof. Code, § 17200, et. seq.) by charging paying male customers more than females to attend its parties at the venue known as “Unici Casa” in Culver City, California.  Plaintiff alleges that the practice has been ongoing since April 13, 2015.

    Defendant has denied and continues to deny any wrongdoing in this action and believes that Plaintiff’s claims are without merit.  Defendant maintains that it did not discriminate against male paying customers.

    The court has not yet ruled on the merits of Plaintiff’s claims or Defendant’s defenses.  The court granted Plaintiff’s motion for class certification on April 24, 2018, determined that this action may be maintained as a class action, and appointed Plaintiff as class representative.

    No judgment has been entered or settlement reached at this time.  If a settlement of this action is reached, it will be subject to approval by the court.  Class members will be sent additional notice of any proposed settlement that the court may approve, and class members who have not previously excluded themselves will have an opportunity to object to the terms of the proposed settlement and may be required to submit a claim form to demonstrate their entitlement to any payment.  Similarly, the court may direct further notice to the class following any judgment that may be entered after the trial of this action or for any other reason that the court may determine.

  • The court has entered an order certifying the action as a class action on behalf of a class of:

    “All males who paid to attend events promoted by FUSIONE, INC. from April 13, 2015, to the present time at which differing prices of admission were offered to males and females.”

  • If you choose to remain a class member, you do not need to do anything at this time. You will automatically be included in the class unless you request exclusion under the procedure stated in Question 6 below.

    As a class member, you will be bound by all orders and judgments in this action, whether favorable or unfavorable. If any money is awarded to the class, either through a settlement with Defendant or a judgement of the court, you may be eligible to receive a share of that award. If Defendant prevails, you may not pursue a lawsuit on your own behalf with a regard to any of the issues decided in the action. The court has discretion whether to allow a second opportunity for class members to request exclusion from the class if there is a settlement or judgment in this action. The class representative and class counsel are representing your interests. You will not be personally responsible for attorneys’ fees or costs unless you hire your own individual attorney. Class counsel has agreed to represent the class on a contingent-fee basis, which means that they will be awarded fees and costs only if they succeed in obtaining a recovery from Defendant. The court will award attorneys’ fees from the settlement or judgment, if any, obtained on behalf of the class.

  • If you are male and paid to attend a party hosted by Defendant between April 13, 2015, and the present, at which differing prices of admission were offered to males and females, you will automatically be considered a member of the class unless you requested exclusion. You do not need to do anything to remain a member of the class. To exclude yourself from the class, you had to have sent a signed letter by mail expressly stating that you “request exclusion from the class in the matter of Timberlake v. Fusione, Inc., Los Angeles Superior Court Case No. BC616783.” Your request must have included your name, address, and telephone number, and must have been signed by you. The court will exclude you from the class if you submitted a valid exclusion request. Your request for exclusion will not be effective unless it included your name, address, telephone number, and signature, and was postmarked no later than January 14, 2019.

    The date for submitting your exclusion request has passed. 

    Please note that you could not have excluded yourself from the class by telephone or e-mail. If your request for exclusion was timely mailed and followed the above requirements, you will not be bound by any judgment in this action, and you may pursue any individual rights you may have against the Defendant. However, if you validly requested exclusion, you will not be eligible to share in any recovery in this action, should any recovery by obtained. You should not have requested exclusion if you wish to participate in this action as a class member.

  • As a class member you will be represented by class counsel. The Court has appointed the below attorneys to represent the class as described in Question 4.

     

    David Greifinger, Esq.
    Law Offices of David R. Greifinger
    15515 W. Sunset Blvd, No. 214
    Pacific Palisades, CA 90272
    Tel.: (424) 330-0193
    Facsimile: (831) 920-4864

    Howard Goldstein, Esq.
    Law Offices of Howard A. Goldstein, APLC
    9903 Santa Monica Blvd, Ste 411
    Beverly Hills, CA 90212
    Tel.: (818) 981-1010
    Facsimile: (818) 981-1311

    Kenneth M. Lipton, Esq.
    5900 Sepulveda Blvd., Ste 400
    Van Nuys, CA 91411
    Tel.: (818) 780-3562
     

  • You are not required to retain separate counsel. The court has appointed the attorneys in Question 7 to represent the class.  If you do not request exclusion, you have the right to enter your own appearance through your own personal counsel who you retain at your own expense.  However, you are not required to retain separate counsel.  If you do not retain separate counsel and remain a class member, class counsel and the class representative will represent your interests.

  • To assist the court and the parties in maintaining an accurate list of class members, please update your name and contact information in the event of any changes.  You may update this information online on the Contact Us page or by mailing the information to: 

    Fusione Litigation
    c/o JND Legal Administration
    PO Box 91226
    Seattle, WA 98111

    If the postal service forwarded the notice to you, or it was otherwise sent to you at an address that is no longer current, you should immediately contact the Notice Administrator and provide them with your correct address.  If the Notice Administrator does not have your correct address, you may not receive notice of important developments in this action, or information about any settlements obtained for the benefit of the class.

  • The website provides only a summary of this action and the claims asserted by Plaintiff. You may review a copy of the First Amended Complaint and other documents on the action by visiting the Important Documents page of this website.

    You may also contact class counsel as described in Question 7 or call the Notice Administrator at (888) 663-1720.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Fusione Litigation
c/o JND Legal Administration
P.O. Box 91226
Seattle, WA 98111