Rodriguez, et al. v. It's Just Lunch, et al.

United States District Court for the Southern District of New York
Rodriguez, et al. v. It’s Just Lunch, et al., No. 07-CV-9227 (SHS)(SN)

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Please note that final approval briefs, motions, and objections have been filed in this case.  No payments or vouchers will be sent to the Class Members until the Court grants the final approval.  This process could take some time.  Please check this website for additional updates.

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If you signed a membership contract and joined It’s Just Lunch (collectively, “It’s Just Lunch” or “IJL”) on or after October 15, 2001 and if you did not obtain a complete refund of any membership fees paid or sign any releases of any claims in favor of IJL and/or a franchisee, please read this notice carefully. A proposed class action settlement may affect your rights.
  • Certain clients of It’s Just Lunch (“Plaintiffs”) have filed a lawsuit against It’s Just Lunch and certain affiliated companies. Plaintiffs did not file a lawsuit against all affiliates of It’s Just Lunch and some It’s Just Lunch franchises were not named in the action. The Plaintiffs allege that, in charging greater than $1,000 for one year’s worth of services in New York, It’s Just Lunch has (i) committed deceptive or unfair practices in violation of New York General Business Law §§ 349 and 394-c on or after October 15, 2001; and (ii) unjustly enriched itself by charging clients greater than $1,000 in New York. The Plaintiffs also allege that It’s Just Lunch fraudulently induced clients who joined on or after October 15, 2001 into signing a membership contract.
  • It’s Just Lunch denies all of the Plaintiffs’ allegations and denies any wrongdoing.
  • The certified class includes all clients who have signed a membership contract and joined It’s Just Lunch on or after October 15, 2001, if the clients did not obtain a refund of their payments to It’s Just Lunch (the “National Claim”) and/or sign a release of claims in favor of IJL and/or a franchisee, and if they fall within certain time limits set by law.
  • The certified class also includes all clients in the State of New York who signed a membership contract with It’s Just Lunch on or after October 15, 2001 and who paid more than $1,000 for a year’s worth of services at the time of initial contracting and who did not obtain a refund and/or sign a release of claims in favor of IJL and/or a franchisee, of the amounts paid to It’s Just Lunch (the “New York Claim”).
  • Not all clients will have both the National Claim and the New York Claim as defined above.
  • Your legal rights are affected whether you act or don’t act. Please read the Notice carefully, available in the ‘Documents’ section of this website.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM TO OBTAIN VOUCHERS ISSUED UNDER SETTLEMENT

The only way to get a voucher under the Settlement is to submit a valid Claim Form.  The benefits of the Settlement are outlined in Questions 7-8 of the Class Notice .

EXCLUDE YOURSELF

You have the right to ask to be excluded from the Settlement.  If you do so, you will not be entitled to any payment under the Settlement, but you may pursue your own lawsuit against It’s Just Lunch if you so choose.  This is further explained in Questions 12-15 of the Class Notice .

OBJECT

You have the right to tell the Court if you have an objection to the Settlement.  You can do this only if you don’t exclude yourself.  This is further explained in Questions 18-19 of the Class Notice .

GO TO THE HEARING

You have the right to ask to speak in Court about the fairness of the Settlement.  You can do this only if you don’t exclude yourself and if you submit a written objection to the Settlement with the Court before the date of the hearing regarding final approval of the Settlement.  This is further explained in Questions 20-22 of the Class Notice .

DO NOTHING

If you do nothing, you will not receive a voucher and will give up your rights to assert any claims with respect to the issues raised in this action against It’s Just Lunch.  You may receive payment, but only if you have a New York Claim.

  Your rights and options - and the deadlines to exercise them - are explained on this site.

NoteDo not call or write the Court, the Court Clerk’s office, IJL, or IJL’s counsel for more information.



This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 844-245-3771.

Important Dates

  • 2/25/2016
    Notices Sent via E-Mail or Mail to Class Members Identified by Defendants.
    On February 25, 2016 Notices were e-mailed or mailed to those persons identified by Defendants as Class Members.
  • 4/11/2016
    Objections to the Settlement.
    Objection(s) to the Settlement must be filed with the Court and postmarked to Class Counsel and Defendants' Counsel no later than April 11, 2016.
  • 4/11/2016
    Notice of Your Intention to Object at the Fairness Hearing.
    Your notice of intention to object at the hearing must be filed with the Court and postmarked to Class Counsel and Defendants' Counsel no later than April 11, 2016.
  • 4/11/2016
    Exclude yourself from the Class.
    You must mail your exclusion request so that it is postmarked no later than April 11, 2016.
  • 4/26/2016
    Fairness Hearing Date.
    The Fairness Hearing is currently scheduled for April 26, 2016. Please check this website for updates. The Hearing date is subject to change.
  • 6/25/2016
    Claim Form Deadline.
    You must submit your Claim Form on-line on or before June 25, 2016, or mail your completed paper Claim Form postmarked no later than June 25, 2016.