Allocation and Distribution of Net Settlement Fund. The Net Settlement Fund will be distributed as follows.
a. First, every Settlement Class Member is automatically entitled to receive a base payment of One Hundred Dollars ($100.00) without having to submit a Claim Form .
b. Second, Settlement Class Members may include information on their Claim Form credibly alleging under oath that they incurred reasonable non-reimbursed out-of- pocket expenses that were directly caused by the Mailer, including, for example, any moving costs, medical or counseling costs, loss of income, or other non-reimbursed out-of-pocket expenses upon a showing of reasonable proof. The ter submission to the Settlement Administrator by the Claimant of actual receipts, invoices, credit card statements, medical records, insurance records, copies of returned checks, and/or any other reasonable form of supporting written proof of non-reimbursed out-of-pocket expenses incurred as a direct result of the Mailer, which must be submitted with the Claim Form in support of any claimed economic damages. Reasonable non-reimbursed out-of-pocket expenses may be reimbursed up to $2,000.
c. Third, Settlement Class Members may set forth information on their Claim Form credibly alleging under oath with details about (i) how the Settlement Class Member became aware of the Mailer, (ii) that they experienced non-economic harm constituting emotional distress, anxiety, or fear, as a direct result of the Mailer, and (iii) a description of that emotional distress, anxiety, or fear. If they make such a showing, the Settlement Administrator will determine if they will be eligible for an award of up to $500.
d. If the Net Settlement Fund does not cover the total collective amount of all base payments and all Claimant Awards as set forth above and calculated by the Settlement Administrator, then each totaled Claimant Award (not including the base payment) shall be reduced pro rata to be paid out of the remaining amount in the Net Settlement Fund.
Allocation and Distribution of Net Settlement Fund. The Parties will seek Court approval for the following plan of allocation to distribute the Net Settlement Fund (i.e.., the Settlement Payment to the Plaintiff Class Members who do not opt out.)
a. The Parties propose the allocation of all funds remaining in the Net Settlement Fund after the payment of approved attorney’s fees, litigation costs, and settlement costs. The Parties agree that this allocation will be approximately $115,000. The Parties propose that the allocation shall be made as set forth in Paragraph 3, above. Plaintiff Class Member payments will be attributable to back wages, will be subject to payroll tax withholding satisfied from the Settlement Payment, and will be reported by Defendant and the Settlement Administrator by IRS Form W-2.
b. Any amount remaining in the Settlement Fund after distribution to the Plaintiff Class Members as set forth above based upon the agreed upon formula and after any pro rata increase for Class Members who cannot be located (for example, due to settlement checks returned as undeliverable or the failure of Class Members to cash settlement checks) will be paid on behalf of Defendant as a charitable contribution to: Towards Justice, a Colorado charitable 501(c)(3) corporation that provides non-profit legal and advocacy services to recover unpaid wages for low income workers.
c. No modifications can be made to the plan of allocation unless jointly agreed upon in writing by the Parties and approved by the Court.
Allocation and Distribution of Net Settlement Fund. The Parties will seek Court approval for the following plan of allocation to distribute the Net Settlement Fund (i.e.., the Settlement Payment to the Settlement Class Members who do not opt out.)
a. The Parties propose the allocation of all funds remaining in the Net Settlement Fund after the payment of approved attorney’s fees, litigation costs, and settlement costs. The Parties agree that this allocation will not be less than $280,000 The Parties propose that the allocation shall be made as set forth in Paragraph 4, above. Settlement Class Member payments will be attributable to back wages, will be subject to payroll tax withholding, and will be reported by Defendant and the Settlement Administrator by IRS Form W-2.
b. Any amount remaining in the Settlement Fund after distribution to the Settlement Class Members as set forth above based upon the agreed upon formula (for example, due to settlement checks returned as undeliverable or the failure of Class Members to cash settlement checks) will be paid on behalf of Defendant as a charitable contribution to: Towards Justice, a Colorado charitable 501(c)(3) corporation that provides non-profit legal and advocacy services to recover unpaid wages for low income workers.
c. No modifications can be made to the plan of allocation unless jointly agreed upon in writing by the Parties and approved by the Court.
