Agreed Monetary Relief. Seattle City Light agrees to fund $3,500,000.00 in either cash or retail xxxx credits, which will create a common fund (the “Settlement Fund”) from which the Named Plaintiff and Settlement Class Members’ settlement awards, Class Counsel’s attorney’s fees, costs and expenses (“Class Counsel Fees”), the Named Plaintiff Service Payment, and all out-of-pocket costs of Settlement Administration (“Administrative Costs”) will be paid. The “Net Settlement Amount” shall be that portion of the Settlement Fund that remains after deducting amounts for any Service Payment, Administrative Costs, and Class Counsel Fees.
Agreed Monetary Relief. Defendant agrees to pay a total of up to $1,500,000 as the Maximum Settlement Amount for a claims made settlement of this lawsuit. The Maximum Settlement Amount shall be used to satisfy all of the following: (i) the settlement awards to be paid to Qualified Class Members who make claims (hereafter, the “Settlement Awards”); (ii) the service awards to be paid to the Plaintiffs (hereafter, the “Service Awards”); (iii) the award of attorneys’ fees to Class Counsel (hereafter, the “Attorneys’ Fees Award”); (iv) the expenses and costs of litigation to be paid to Class Counsel (hereafter, the “Costs Payment”); and (v) an award of settlement administration expenses (hereafter, the “Settlement Administration Expenses Award”), all as approved by the Superior Court.
Agreed Monetary Relief. Defendants agree to pay a total of $450,000 (the “Common Fund Payment”) for a common fund class action settlement of this Action. The Common Fund Payment shall be used to satisfy all of the following: (1) the settlement awards to be paid to Members of the Settlement Classes (hereafter, the “Settlement Awards”); (2) all employee‐side payroll taxes and withholdings associated with and deducted from the Settlement Awards; (3) the service awards to be paid to the named Plaintiffs (hereafter, the “Service Awards”); (4) the award of attorneys’ fees to be paid to Class Counsel (hereafter, the “Attorneys’ Fees Award”); (5) the award of expenses and costs of litigation to be paid to Class Counsel (hereafter the “Costs Award”); and (6) the award of settlement administration expenses (hereafter, the “Settlement Administration Expenses Award”), all as approved by the Court. Except as set forth in Section II.D.3., below, the Common Fund Payment is not subject to any reversion of funds to Defendants, such that the entire amount of the Common Fund Payment will be payable if the settlement is approved by the Court and the Effective Dateoccurs. Within fourteen (14) days of the Effective Date of this Settlement Agreement, Defendants shall deposit the Common Fund Payment into a Qualified Settlement Fund (“QSF”) established by the Settlement Administrator for this Settlement. The Settlement Administrator shall be responsible for making the payments described above from the QSF. Defendants are responsible for paying all employer‐side taxes associated with the Settlement Awards made from the Common Fund Payment. Employer‐side taxes paid by Defendants are not to be considered as a part of the Common Fund Payment; rather, Defendants’ payment of those taxes is separate from and in addition to the Common Fund Payment. Defendants shall make these employer‐side tax payments to the Settlement Administrator, and the Settlement Administrator shall timely remit the tax payments to the government.
Agreed Monetary Relief. HDL agrees to make payments totaling $1,450,000 (the “Total Settlement Amount”). The Total Settlement Amount is broken down as follows, subject to approval by the Court:
a. HDL will pay $900,000 (“Settlement Class Payment”) to Qualified Class Members and Plaintiffs, as set forth below. The Settlement Class Payment will be used to satisfy the settlement awards to be paid to Qualified Class Members (“Settlement Awards”) and the service awards to be paid to Plaintiffs (“Service Awards”).
b. HDL will pay $550,000 to Class Counsel for attorneys’ fees and costs pursuant to fee‐shifting provisions in the Washington statutes applicable to the Class claims, RCW 49.48.030, RCW 49.46.090, and RCW 49.52.070 ( “Attorneys’ Fees and Costs Payment”), all as approved by the District Court. The Attorneys’ Fees and Costs Payment will compensate and reimburse Class Counsel for (1) the work already performed by Class Counsel in this case in relation to the proceedings in the United States District Court for the Eastern District of Washington as well as all of the work remaining to be performed by Class Counsel in documenting the Settlement, securing Court approval of the Settlement, and making sure the Settlement is fairly administered and implemented; and (2) all costs incurred and reasonably anticipated to be incurred by Class Counsel in litigating this Case and finalizing this Settlement.
Agreed Monetary Relief. To settle the claims that were brought or that could have been brought in this Action, Defendants agree to make payments to the Settlement Class in accordance with the following terms:
a. Defendants shall pay $300,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim that Defendants did not pay the minimum wage on average each workweek (ECF No. 146), in which case Defendants shall not pay the $300,000 provided for this paragraph;
b. Defendants shall pay $75,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim that Defendants did not pay the minimum wage for time at Defendants’ driver qualification program(s)/orientation (ECF No. 146), in which case Defendants shall not pay the $75,000 provided for in this paragraph;
c. Defendants shall pay $375,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim for unlawful deductions (ECF No. 146), in which case Defendants shall not pay the $375,000 provided for in this paragraph;
d. Defendants shall pay $375,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim for unpaid rest breaks (ECF No. 146), in which case Defendants shall not pay the $375,000 provided for in this paragraph. If the Court declines to rule on Defendants’ motion for summary judgment with respect to this claim, pending resolution of the Ninth Circuit’s decision in Xxxxxxxx, et al. x. Xxxxx Transp. Co. of Ariz., Case No. 21-55456, C.D. Cal. Case No. 2:19-cv-04217-VAP-KKx or other decision by the Ninth Circuit on the same issue as the one presented in Xxxxxxxx, the parties agree to negotiate in good faith to achieve a resolution of this claim within two weeks of the Court’s order declining to rule; and
e. Defendants shall pay $2,275,000, unless the Court grants Defendants’ pending motion for summary judgment on Plaintiffs’ claim for overtime wages (ECF No. 146), in which case Defendants shall not pay the $2,275,000 provided for in this paragraph.
Agreed Monetary Relief. Within thirty (30) days of the Effective Date of this Agreement, Blackhawk shall create a fund, by depositing with the Settlement Administrator, US $985,000.00 in cash (the “Settlement Fund”). The Named Plaintiffs and Settlement Class members’ settlement awards, Class Counsel’s attorney’s fees, costs and expenses (“Class Counsel Fees”), the Named Plaintiffs Service Payments, and all costs of Settlement Administration (“Administrative Costs”) will be paid from the Settlement Fund. Other than the Settlement Fund, Blackhawk will have no financial obligation to the Named Plaintiffs, Settlement Class members, Class Counsel, any other attorney representing Named Plaintiffs, any other attorney representing any Settlement Class member, or the Settlement Administrator with respect to the Released Claims. The Settlement Fund represents the total extent of Blackhawk’s monetary obligations under this Agreement.
Agreed Monetary Relief. Within thirty (30) days of the Effective Date of this Agreement, Xxxxxxx shall create a fund, by depositing with the Settlement Administrator, US $1,525,000.00 in cash (the “Settlement Fund”). The Named Plaintiffs’ and Settlement Class members’ settlement awards, Class Counsel’s attorney’s fees, costs and expenses (“Class Counsel Fees”), the Named Plaintiffs’ Service Payments (“Service Payments”), and all costs of Settlement Administration (“Administrative Costs”) will be paid from the Settlement Fund. Other than the Settlement Fund, Released Parties will have no financial obligation to the Named Plaintiffs, Settlement Class members, Class Counsel, any other attorney representing Named Plaintiffs, any other attorney representing any Settlement Class member, or the Settlement Administrator with respect to the Released Claims. The Settlement Fund represents the total extent of Released Parties' monetary obligations under this Agreement.
Agreed Monetary Relief
