Allocation to Participating Class Members. 24 All Class Members other than those who timely and properly elect not to participate in the 25 Settlement will be bound by the Settlement and its release of claims (hereinafter, “Participating 26 Class Members”). Settlement Shares will be paid to each Participating Class Member, meaning 27 that settlement checks will be sent to all Participating Class Members, and no claim forms will be 28 required. All PAGA Group Members will receive a portion of the PAGA Payment regardless of 1 whether they opt out or previously opted out of the class.
Allocation to Participating Class Members. The amount remaining 25 from the Gross Fund Value Amount after deducting the court-awarded reasonable attorney’s 26 fees and litigation costs, reasonable Claims Administration Costs, and reasonable Service 27 Award payment (the "Net Fund Value Amount") shall be distributed to members of the Class 28 in accordance with the formula set forth below in Section 5.06.c. Final Settlement Class 1 members are not eligible to receive any compensation other than the Individual Settlement 2 Payments discussed below.
Allocation to Participating Class Members. A. All Class Members other than those who timely and properly elect not to participate in the Settlement will be bound by the Settlement and its release of claims (hereinafter, “Participating Class Members”). Settlement Payments will be made to each Participating Class Member, meaning that settlement checks will be sent to all Participating Class Members, and no claim forms will be required. All PAGA Group Members will receive a portion of the PAGA Payment regardless of whether they opt out or previously opted out of the class.
B. After deducting the amounts for the PAGA Payment, Plaintiffs’ Class Representative Service Award Payments (if any are awarded by the Court), Class Counsel’s Attorneys’ Fees and Expenses, and the Settlement Administrator’s fees and expenses, the remainder of the Settlement Amount (the “Net Settlement Fund”) will be allocated to each Participating Class Member pursuant to the Plan of Allocation set forth in paragraph D below.
C. Plaintiffs’ labor economist, Dr. Xxxxx Xxxxxxx, will calculate the Settlement Payment of each Participating Class Member using the formulas set forth in the Plan of Allocation in paragraph D below, provide preliminary allocation data for the Class Notice to the Settlement Administrator on the schedule set forth in the Settlement Agreement, and after final approval provide a final allocation on the schedule set forth in the Settlement Agreement.
D. Plaintiffs’ labor economist, Xx. Xxxxxxx, used the statistical model that he prepared for trial in this action, which is substantially the same as the model he presented in conjunction with Plaintiffs’ motion for class certification to estimate the difference in pay alleged by Plaintiffs, with separate estimates for the EPA Class and the FEHA Settlement Class (which is certified only for settlement purposes). Defendants contend there is no pay shortfall at all, and dispute that Xx. Xxxxxxx’x model accurately analyzes and compares the pay of comparable male and female employees, but have agreed to use this model for the calculation of settlement payments only. The allocation will be based on these figures, and proceed as follows:
1. Allocate $200 minimum to each Participating Class Member (only one minimum payment, even if someone is a member of both classes). Deduct the total of those minimum payments from the Net Settlement Fund, and allocate the remainder as set forth below.
2. For each Participating Class Member in the EPA Class, calculate the dollar value of X...
