Liliya Gotishan v. Kyo Autism Therapy, LLC

NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT

SAN FRANCISCO COUNTY SUPERIOR COURT
STATE OF CALIFORNIA

Case No. CGC-21-596378

If you were employed by Kyo Autism Therapy, LLC in California, a class action settlement may affect your rights.

The San Francisco County Superior Court has authorized the notice in the matter of Gotishan v. Kyo Autism Therapy, LLC, Case No. CGC-21-596378 (the “Litigation”). This is not a solicitation from a lawyer.

•Liliya Gotishan (called the “Plaintiff” in the notice), was employed in California by Kyo Autism Therapy, LLC (called the “Defendant”). Plaintiff filed a class action lawsuit against Defendant on November 10, 2021. Plaintiff filed an amended complaint, which added a cause of action under the Private Attorneys General Act, on November 19, 2021.

•Plaintiff claims that Defendant failed to pay all minimum wages and overtime wages due to non-exempt employees, failed to provide meal periods and rest periods, failed to provide accurate wage statements, failed to timely pay all wages after the end of employment, failed to reimburse business expenses, violated the Unfair Competition Law, and is liable for civil penalties under the Private Attorneys General Act (“PAGA”).

•Defendant disputes Plaintiff’s claims. Defendant expressly and specifically denies violating any laws but has agreed to settle the Litigation in order to avoid costly, disruptive, and time-consuming litigation.

•For settlement purposes only, the Court has conditionally certified the Litigation to be a class action on behalf of all non-exempt employees employed by Defendant in California from November 10, 2017, through January 1, 2023, (the “Class Period”).

•Your legal rights may be affected by this Settlement whether you act or do not act. Your options are explained in the notice. Thus, please read the notice carefully and in its entirety.

To request to be excluded from, or object to, this Settlement, you must act before August 26, 2023.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

(1) DO NOTHING	(1) Receive part of the Settlement. If you do not do anything upon receipt of the notice, you will receive a sum of money based on your dates of employment with Defendant; you will give up your right to sue for alleged violations and related claims released by the Settlement; you will have no right to appeal; and you will forfeit your right to bring or participate in a similar action against Defendant.
(2) OPT_OUT	(2) Opt-out or exclude yourself from the Settlement. If you make a valid and timely written request to be excluded from the Settlement, you will not receive any money from the Class portion of the Settlement, and you will not give up any rights you may have, except as to the PAGA portion of the Settlement.
(3) OBJECT	(3) Write to the Court about why you object to the Settlement. If you object to the Settlement, you can write to the Court about why you don’t agree with the Settlement. You may also present oral objections to the Court at the Final Approval Hearing. The Court may or may not agree with your objection. If the Court approves the Settlement, you will still be bound by its terms.