NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED CLASS ACTION SETTLEMENT

A court authorized this notice.  This is not a solicitation from a lawyer.

Please read this notice carefully.  Your legal rights may be affected, even if you do nothing.

1. What is this document?

This is a notice that describes a proposed settlement (the “Proposed Settlement”) of the class action lawsuit called Daniel Dellatto v. New England Authentic Eats LLC d/b/a Papa Gino’s, et al., Civil Action No. 2581CV00945 (the “Lawsuit”), which is currently pending in the Massachusetts Superior Court for Middlesex County (the “Court”). The Court has authorized this notice.

2. Why am I receiving this notice?

You have received this notice because records maintained by New England Authentic Eats LLC d/b/a Papa Gino’s (“Papa Gino’s”) indicate that you worked in Massachusetts as a delivery driver during the period April 15, 2022 to March 11, 2026, which means you could be eligible to recover money as part of the Proposed Settlement and that your legal rights could be affected. This notice is intended to inform you about the Proposed Settlement so that you can make an informed decision.

3. What is the Lawsuit about?

The plaintiff, Daniel Dellatto, previously worked for Papa Gino’s as a delivery driver. He filed this Lawsuit alleging that he and other delivery drivers working for Papa Gino’s in Massachusetts are entitled to recover damages for various payroll practices, including not paying delivery charges to drivers, not paying the proper minimum wage for certain shifts, and not paying for complete transportation expenses.

Papa Gino’s denies the allegations in the Lawsuit, denies any and all wrongdoing, and maintains that it complied with all applicable statutes and laws.

The Court has not made any final determinations of the merits of the Mr. Dellatto’s allegations or Papa Gino’s defenses in the Lawsuit and has not found that Papa Gino’s violated any law. 

The parties wish to resolve this matter on a class-wide basis to avoid protracted litigation and to fully and finally resolve and settle all claims. The Proposed Settlement is a proposed resolution of those claims. It remains conditioned upon approval by the Court.

4. What are my options?

You have three options when deciding how you want to respond to this Notice and the Proposed Settlement:

OPTION 1

Submit a Claim Form. You will receive money from the settlement only if you submit a valid Claim Form no later than July 2, 2026.  The claims process is described in more detail in response to Question 8, below.  The Claim Form is included with this Notice.

OPTION 2

Do Nothing. If you do nothing, you will remain in the class, but you will get no money from the Proposed Settlement. All of the Court’s orders will apply to you. You will not be able to file your own lawsuit to pursue the claims in this case.  In other words, if you do nothing, you will still be bound by the proposed settlement, which will affect your legal rights.

OPTION 3

Object. You may object to the Proposed Settlement by mailing, e-mailing, or faxing a written objection to the Administrator, at the address or number below, postmarked no later than July 2, 2026. Your objection must be in writing and must include a statement specifying the reasons you are objecting to the Proposed Settlement. The objection also must include your full name, mailing address, email address, and phone number. If you intend to appear before the Court to object to the Proposed Settlement at the fairness hearing (described in Question 6, below), you must state that in your objection.  In addition, you must personally sign the objection.  The Court may decline to consider any objection received after July 2, 2026 or which fails to meet the criteria described above.

Any objection must be mailed, emailed, or faxed to the Administrator, at the following address:

Papa Ginos Settlement
c/o Optime Administration, LLC
PO Box 3206
Brockton, MA 02306
Email: PapaGinos@optimeadmin.com
Fax: (781) 287-0381

Please note that, even if you submit an objection to the Proposed Settlement, you must still submit a valid Claim Form in order to get money from the Proposed Settlement. In other words, even if you object you must also timely return a valid claim form in order to get money from the proposed settlement. 

5. Who is eligible to participate in the Proposed Settlement?

All delivery drivers who worked in Massachusetts for Papa Gino’s during the period April 15, 2022 to March 11, 2026 may participate in the Proposed Settlement.

6. When will the Court decide if it approves the Proposed Settlement?

There will be a settlement approval hearing on August 10, 2026 at 2:00 pm at Middlesex Superior Court, Courtroom 720, 200 Trade Center, Woburn, MA 01801.  At this hearing the Court will consider whether the Proposed Settlement is fair, reasonable, and adequate.  If there are objections, the Court will consider them.  If you would like to attend the settlement approval hearing, you are free to do so.  You do not need to attend the settlement approval hearing in order to participate in the settlement.

7. What are the Proposed Settlement benefits?

The total amount of the Proposed Settlement is $1,100,000.  If the Court approves the Proposed Settlement, up to one-third of the total settlement amount will be used to pay attorneys’ fees and costs incurred by Class Counsel for bringing and prosecuting the Action.  In addition, $10,000 will be paid as a service award to Mr. Dellatto for filing this case, for serving as the class representative, for participating in case proceedings, and for signing a comprehensive release of any potential claims.  A portion of the Proposed Settlement, in the expected amount of $40,000, will be paid to a third-party administrator (the “Administrator”) in exchange for its assistance in administering the Proposed Settlement. 

Assuming the Proposed Settlement is approved by the Court, the remainder of the Proposed Settlement, after the foregoing payments are deducted, will be distributed on a pro rata basis to eligible Participating Class Members who timely submit Claim Forms, in proportion to the number of deliveries they performed between April 15, 2022 to March 11, 2026.

If the settlement is approved by the Court, the amount you receive might be more or less than you would obtain if the case proceeded to trial. If Papa Gino’s won a trial, you would receive nothing. If Mr. Dellatto and the class prevailed at trial, you could receive damages that are higher or lower than what you receive from this settlement. One of the advantages of a settlement is that it avoids delay and uncertainty in return for a faster and guaranteed recovery for the class.

If there are any unused residual funds remaining in the settlement account after all distributions (from uncashed settlement checks), those funds will be donated to the Massachusetts IOLTA Committee

8. When will I receive a settlement payment?

You will not receive any settlement payment unless and until the Court approves the Proposed Settlement.  If the Court approves the settlement, the Administrator will issue your initial check within approximately 30-60 days thereafter, assuming you filed a timely claim. All members of the class who file a timely claim also will be entitled to receive a pro rata share of any unclaimed funds.

The Administrator will mail any settlement payments by check to the address listed on your Claim Form.

IT IS YOUR RESPONSIBILITY TO KEEP THE ADMINISTRATOR INFORMED OF ANY CHANGE OF ADDRESS OR CHANGE OF NAME BETWEEN WHEN YOU RETURN YOUR CLAIM FORM AND WHEN ANY SETTLEMENT PAYMENTS ARE MADE.

9. Are any settlement payments I receive taxable income?

Any settlement payment that you receive will be reported to the IRS to the extent required by law. 

You will be responsible for paying all required taxes on any settlement payment and any questions you may have should be directed to a tax professional.  Settlement Class Counsel cannot provide you with tax advice with respect to any settlement payments, nor can the Administrator, nor can Papa Gino’s or its counsel.

10. Who is representing the Class and the Plaintiffs?

The Court has appointed the following attorneys to represent the Class:

Stephen Churchill
FAIR WORK, P.C.
192 South Street, Suite 450
Boston, MA 02111
steve@fairworklaw.com

This attorney is “Settlement Class Counsel.” You do not need to hire your own attorney because Settlement Class Counsel is working on your behalf. You do, however, have the right to your own attorney, but you will be required to separately pay your own attorney’s fees. If you have questions or desire additional details, you may contact Settlement Class Counsel.

11. How can I get additional information?

This Notice only summarizes the Lawsuit, the Proposed Settlement, and related matters.  If you have any questions, or to request a copy of the relevant settlement documents or other case documents, you may direct them to either Settlement Class Counsel (using the contact information in Question 10, above) or the Administrator at:

Papa Ginos Settlement
c/o Optime Administration, LLC
PO Box 3206
Brockton, MA 02306
Email: PapaGinos@optimeadmin.com
Telephone: (844) 625-7313
Fax: (781) 287-0381

PLEASE DO NOT TELEPHONE OR CONTACT THE COURT, ANY COURT PERSONNEL, OR PAPA GINO’S COUNSEL ABOUT THIS CASE OR THE PROPOSED SETTLEMENT.  THEY WILL BE UNABLE TO HELP YOU.