Any member of the Class who has not filed a written request for exclusion and who wishes to object to the fairness, reasonableness, or adequacy of the settlement must, by no later than DECEMBER 16, 2016, serve a notice of intent to appear and/or object, together with copies of any papers the member of the Class intends to present to the Court in connection with such objection, on the Class Counsel and counsel for New Hawaii Sea Restaurant at the following addresses:

Class Counsel:

Paul V. Nunes
300 Bausch & Lomb Place
Rochester, NY 14604

William Marler
1301 Second Avenue, Suite 2800
Seattle, WA  98101

Counsel for New Hawaii Sea Restaurant:

Stuart B. Cholewa
125 Maiden Lane, 17th Floor
New York, NY 10038

A copy of the notice of intent and any accompanying papers must also be filed with the Clerk of the Court at the following address by no later than DECEMBER 16, 2016:

Clerk of the Court
Bronx Supreme Court, Civil
851 Grand Concourse
Bronx, NY, 10451

Class members may make such appearances or objections either on their own or through attorneys hired at their own expense. If an attorney will represent any such Class member, he or she must:

  1. file a notice of appearance with the Court no later than DECEMBER 16, 2016, and
  2. serve on the Class Counsel and on counsel for New Hawaii Sea Restaurant a copy of the same.

Only those Class Members who follow the procedures set forth above may appear at the Final Approval Hearing and/or have their objections considered by the Court.

Any Class Member who does not appear individually or through counsel and/or who does not challenge the fairness, reasonableness or adequacy of the settlement shall waive and forfeit any and all rights that he or she may have to appear separately and/or object.