NOTICE OF CLASS ACTION SETTLEMENT

This is a court-authorized notice that describes a proposed class action settlement.

It is not an advertisement or a solicitation.

Please read this notice carefully. It contains information that will affect your legal rights.

This notice concerns a lawsuit called Montoya, Carolina vs. Eatramen Holdings, LLC, Mecha Management Company, LLC., Tony Pham, and Richard Reyes, Case No. 2484CV01551. The lawsuit is currently pending in the Massachusetts Superior Court for Suffolk County. The Plaintiff who brought the lawsuit is Carolina Montoya (“Plaintiff”). The Defendants are the EatRamen Holdings, LLC, Mecha Management Company, LLC., and their owners, Tony Pham, and Richard Reyes (collectively “Defendants”).

1. WHY DID I RECEIVE THIS NOTICE?

You received this notice because you may be eligible to receive money from a proposed class action settlement. The proposed settlement will affect all individuals employed by Defendants as tipped employees at the Mecha Noodle Bar restaurant located in Boston Massachusetts, who worked with a head bartender at any time between June 21, 2021 and March 13, 2026.  According to the Defendants’ records, you are one such individual. If that is not correct, you can disregard this notice.

2. WHAT IS THE LAWSUIT ABOUT?

Plaintiff filed this lawsuit in the Suffolk County Superior Court on June 12, 2024, alleging that the Defendants failed to properly distribute tips to wait staff employees at its restaurant Mecha Noodle Bar in Boston between August 1, 2022 and May 30, 2024, in violation of the Massachusetts Tips Act, M.G.L. c. 149, § 152A, and the Massachusetts Minimum Fair Wage Law, M.G.L. c. 151, §§ 1 and 7, and that Defendants failed to timely pay wages under the Massachusetts Wage Act, M.G.L. c. 149, § 148. The Defendants deny the allegations in the lawsuit, deny any wrongdoing, and maintain that its pay practices with respect to tips and wages complied with all applicable laws.

3. WHAT ARE THE SETTLEMENT TERMS?

The total amount of the settlement is $320,000.00. From that sum, the parties propose to allocate $106,666.67 to the law firm representing the Plaintiff for her attorneys’ fees, $12,000.00 in litigation costs and costs for administration of payments, and $7,500.00 to Ms. Montoya as a service award to compensate her for her time and effort pursuing this lawsuit on behalf of her former coworkers. The remaining settlement funds following these allocations ($193,833.33) will be distributed to the individuals subject to this settlement in pro rata shares determined by the amount of hours worked by each class member.  As a result, the actual amount payable to each class member will vary depending on their individual circumstances.  The proposed settlement calls for the first settlement amounts to be paid out to members of the Class in or aroundan estimated pro rata share following the claims and court approval process, but we do not know the exact date right now. Following the first claims process, a reminder notice will be sent out to members of the Class who have not previously submitted a claim form, and any undistributed funds remaining after that second claims period will be distributed to members of the Class who have submitted a claim form during either the first or second claims process. As a result, if you file a claim now, you might end up getting two distributions, including your original share plus some portion of any unclaimed funds. Any unallocated funds remaining more than 120 days after complete distribution of the settlement (e.g., from uncashed settlement checks) will be donated to the Massachusetts IOLTA Committee. No portion of the settlement will be returned to the Defendants.

The proposed settlement is subject to approval by the Superior Court.  On May 6, 2026, the Court authorized the parties to send you this notice. The Court has now scheduled a final approval hearing for July 21, 2026 at 2:00.pm.  That hearing will take place at the Massachusetts Superior Court for Suffolk County.  The courthouse is located at 3 Pemberton Square in Boston, Massachusetts 02108. At that hearing, the Court will consider whether to grant final approval of this settlement. You are not required to attend the hearing but are welcome to do so.

4. WHAT ARE MY OPTIONS?

You have three options: (1) receive a payment from the settlement by completing and returning the enclosed Claim form and W-9 tax form; (2) object to the settlement; (3) do nothing. Each option is explained below. However, before reviewing those options, please note that in order to receive a payment from the settlement, you must complete and submit the enclosed tax form to the Optime Administration, LLC no later than JUNE 30, 2026.

A. How do I participate in the settlement?

In order to claim your share of the settlement, you must complete and sign the claim form and tax form by JUNE 30, 2026.

EatRamen Settlement
c/o Optime Administration, LLC
Mail: PO Box 3206, Brockton, MA 02304
Email: EatRamen@optimeadmin.com
Fax: 781-287-0381
Phone: 844-625-7313

If your claim and tax form is not received by JUNE 30, 2026, you may not receive a payment from the settlement. However, you will still be bound by the settlement terms, including the release of claims described below.

Settlement payments will be made by check and sent to you by mail, so it is important that we have a good address for you on file. If you no longer reside at the address where this notice was sent, please include your new address on the W-9 tax form. If you are planning on changing mailing addresses in the near future, please notify the administrator Optime Administration, LLC at EatRamen@optimeadmin.com. The parties and their attorneys are not responsible for lost or stolen settlement payments.

B. How do I object? And what happens if I object?

You have the right to object to this settlement. In order to object to the settlement, you must submit a written statement of your objection to the Administrator Optime Administration, LLC at EatRamen@optimeadmin.comby the JUNE 30, 2026. They will provide a copy of your objection to the Defendants’ attorneys and to the Court. Your objection must include: a heading which refers to the lawsuit referred to in this notice; your name, address, telephone number, and e-mail address; an explanation of your reason for objecting to the settlement; a statement of whether you or someone representing you will appear at the final approval hearing, and if through counsel, a legal memorandum in support of the objection; a description of any and all evidence you may offer at the final approval hearing (if the you intend to speak or present evidence at the hearing); documentary proof of membership in the settlement class; and your signature. Please note that – even if you submit an objection – you must timely submit the enclosed W-9 form to receive a payment in the event the Court overrules your objection and approves the settlement.

C. What if I do nothing?

If you do nothing and the Court approves the settlement, you will be bound by the settlement terms but may not receive a settlement payment. Specifically, you will be deemed to have released the claims specified in Section 5, below.

5. WHAT CLAIMS WILL I GIVE UP IF I PARTICIPATE OR DO NOTHING?

If you submit the enclosed tax form or do nothing, you will be releasing all wage and hours claims that could have been asserted in the lawsuit for the time period between June 21, 2021 and March 13, 2026, including but not limited to all claims for failure to pay tips under the Massachusetts Tips Act, M.G.L. c. 149, § 152A, and all claims for failure to pay the minimum wage under the Massachusetts Minimum Fair Wage Law, M.G.L. c. 151, §§ 1 and 7, and all claims for failure to timely pay wages under the Massachusetts Wage Act, M.G.L. c. 149, § 148, to the fullest extent permitted by law.  

6. Will my settlement payment be taxed?

Each eligible Settlement Class member will receive payments in two parts: (1) approximately 1/3 of the payment shall be in the form of wages, subject to payroll taxes, for which a Form W2 shall issue, and (2) approximately 2/3 of the payment shall be in the form of non-wage income, from which no withholdings will be made and for which a Form 1099 shall issue.  The 1099 portion you receive may be taxable, so you should contact a tax advisor with any questions regarding that matter.

7. Do I need to attend the final approval hearing?

No. You are welcome to attend the Court hearing, but you are not required to do so.

8. How will the plaintiff’s lawyers get paid?

If approved by the Court, the Plaintiff’s lawyers in this case will receive $106,666.67 to the law firm representing the Plaintiff for their attorneys’ fees, and $12,000.00 in litigation costs and costs for administration of payments.

9. Who represents the plaintiff and Who will answer my questions?

Plaintiff is represented by the following attorney. If you have questions about the settlement, please contact them. Their contact information is:

Do not contact the Court about this matter.

The Court cannot provide you with legal advice or any opinion regarding the case or the proposed settlement.