Distribution of Settlement Fund. 1. Within thirty (30) days after the Effective Date, the Settlement Administrator shall begin to distribute the Settlement Fund as follows:
a. the Settlement Administrator shall begin to issue and mail to each Settlement Class Member who submits a Claim a check in the amount determined to be his/her/their award, pursuant to the allocation plan described in Section XIII.C; and
b. the Settlement Administrator shall issue and mail to each Plaintiff any Service Award approved by the Court.
2. Any Settlement Class Member’s check returned to the Settlement Administrator by the Postal Service with a forwarding address shall be re-mailed by the Settlement Administrator within seven (7) days following its receipt of the returned mail. If any Settlement Class Member’s check is returned to the Settlement Administrator without a forwarding address, the Settlement Administrator shall undertake reasonable efforts to locate the correct address and shall promptly re-mail the Settlement Class Member’s check after verifying its validity.
3. Each Settlement Class Member will have ninety (90) days from the date on which the checks are issued to cash or deposit his or her settlement check, and each check shall bear a legend stating that the check shall be void after ninety (90) days. If any settlement check is not cashed or deposited in that period of time, that settlement check will become void.
4. Any individual settlement payment or portions thereof that remain unnegotiated ninety (90) days following the mailing of the Settlement award shall be deemed unclaimed. In such event, those Settlement Class Members will be deemed to have irrevocably waived any right or claim to a settlement payment, but the Settlement Agreement and Release of claims contained therein nevertheless will be binding upon them.
5. If a Settlement Class Member notifies the Settlement Administrator or Class Counsel that he or she believes that a settlement check has been lost or stolen, the Settlement Administrator shall promptly stop payment on such check. If the settlement check in question has not been negotiated prior to the stop payment order, the Settlement Administrator will issue a replacement check, from which the fees associated with the stop-payment order will first be deducted. The Class Member will have an additional forty-five (45) days to cash or deposit the re-issued check from the date of re-mailing. If any settlement check is not cashed or deposited in that period of time, that settlemen...
Distribution of Settlement Fund. Each Allocation Pool shall be distributed to Eligible Claimants in that Allocation Pool on 3 a pro rata basis according to their Eligible Purchases.
Distribution of Settlement Fund. 1. Class counsel will petition the Court for an incentive award for the Named Plaintiff Xxxxxxx in the amount of $50,000 for her willingness to step forward and file suit, and otherwise commit time and effort as a Class Representative, including providing deposition testimony and other crucial information to support the prosecution of the litigation. This amount was determined to be appropriate only after an agreement had been reached on the award to the Class Members and other terms of this Agreement. In the event the incentive award is not finally approved by the Court, the rest of this Agreement shall remain in full force and effect subject to the approval of the Court. Named Plaintiff will not receive any payments other than the incentive award should such a payment be approved by the Court and exceed her expected settlement payment.
2. This Settlement Agreement was arrived at after extensive arm’s length negotiations conducted in good faith by counsel for the Parties. The Parties did not discuss or negotiate attorneys’ fees until after relief had been fashioned for the Class. Class Counsel will petition the Court for an award of attorneys’ fees equating to 33 1/3% (one-third) of the entire Settlement Fund, or $833,333.33. Class Counsel will also petition the Court for an award of costs and expenses, which were reasonably incurred in the prosecution of this litigation.
3. Defendant shall not oppose Class Counsel’s application for said award of fees and costs, nor will it oppose any appeal filed by Class Counsel relative to their application for an award of attorneys’ fees. The Parties acknowledge that Class Counsel spent a significant amount of time litigating this matter and would be entitled to fees should they file an application as representatives of a prevailing party under 42 U.S.C. § 1988 or Fed. R. Civ. Proc. Rule 23. In the event the attorneys’ fees and costs are not finally approved by the Court, the rest of this Agreement shall remain in full force and effect subject to the approval of the Court.
4. The remaining portion of the Settlement Fund will be distributed to Settlement Class Members on a pro rata basis. No Settlement Class Member shall be entitled to more than his or her individual share of the Settlement Fund. Defendant will not unreasonably withhold consent to the plan of distribution developed by Class Counsel.
5. Either the Settlement Administrator or Class Counsel will provide Defendant the most up-to-date class list that was us...
Distribution of Settlement Fund. After all valid claims are determined and the Settlement is approved after the Final Fairness Hearing, but in no event later than thirty-five (35) days after the Effective Date, the Class Administrator shall distribute money from the Aggregate Settlement Fund, in accordance with its Final Payment determination referenced in Paragraph 34 above, to the Settlement Class Members who have not opted out. All available funds will be distributed to the Settlement Class Members.
Distribution of Settlement Fund. 1. Any Settlement Class Member who does not opt out pursuant to Section II.D is subject to and bound by the releases set forth in Section V.
Distribution of Settlement Fund. Each Settlement Class Member may submit a Claim Form. Timely submission of a Valid Claim Form shall entitle the Class Member to receive a cash payment from the Settlement Fund equal to the Class Member’s pro rata share of the Settlement Fund after Administrative Expenses, the Fee Award, and an Incentive Award have been deducted from the Settlement Fund. Every Settlement Class Member who timely submits a Valid Claim Form shall receive the same benefit, including the same amount of cash from the Settlement Fund, as every other Class Member who timely submits a Valid Claim Form.
Distribution of Settlement Fund a. All Settlement Class Members shall be entitled to submit a Claim by submitting a Claim Form (to seek a Settlement Payment from the Settlement Fund) prior to the Claim Deadline. Each Class Member is limited to one Claim. A Settlement Class Member, or a Settlement Class Member’s legally authorized representative on behalf of a given Settlement Class Member, may submit the Claim Form by mailing the Claim Form to the Settlement Administrator or submitting the Claim Form through the Settlement Website. The Claim Form, whether electronic or in paper form, shall be substantially in the form attached hereto as Exhibit 1. The Net Settlement Fund shall be divided equally among all Class Members with Approved Claims, such that each Class Member with an Approved Claim will be entitled to a Settlement Payment, from the Settlement Fund, equal to that Class Member’s pro rata share of the Net Settlement Fund.
b. Within ninety (90) Days after the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send Settlement Payments from the Settlement Fund by check, digital payment, or electronic deposit, as elected by each Class Member with an Approved Claim. Each payment issued to a Class Member via check will state on the face of the check that it will become null and void unless cashed within one hundred and eighty (180) Days after the date of issuance.
Distribution of Settlement Fund. Class counsel will petition the Court for a service award to the named Plaintiffs Xxxxx Xxxx and Xxxxx Xxxxxxx will each receive an incentive award of $ 10,000 each for their willingness to step forward and file suit, and otherwise commit time and effort as a Class Representative, including providing deposition testimony and other crucial information to support the prosecution of the litigation. This amount was determined to be appropriate only after an agreement had been reached on the award to the Class Members and other terms of this Agreement. In the event the incentive award is not finally approved by the Court, the rest of this Agreement shall remain in full force and effect. Plaintiffs Xxxxx Xxxx and Xxxxx Xxxxxxx will file a claim on the settlement, but will not receive any payments other than the incentive award should such a payment be approved by the Court and exceed an expected settlement payment from the pro rata formula noted below. Fifteen members of the class were deposed in this action, in addition to the Plaintiffs. The parties have agreed to provide these individuals with a small service award ($500.00 per individual above their pro-rata share of the settlement fund, for a total of $7,500.00) for being deposed during the pendency of this action. Should any of the following individuals file a claim, they will, assuming approval by the Court, receive this service award: Xxxxxxxxxx Xxxxxxxxx, Xxxxx Xxxxxxxx, Xxxxx Xxxxxxx, Xxxxxx Xxxxxxx, Xxxxx Xxxx, Xxxx Xxxxx, Xxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxx Xxxxxxx, Xxxxx X’Xxxxxxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx Xxxxxx, Xxxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxx Xxxxxxxxxx. These individuals will only receive a service award if they file a claim. Class Counsel will petition the Court for an award of attorneys’ fees equating to 30% of the entire Settlement Fund, or $300,000.00. Defendants shall not oppose Class Counsel’s application for said award of fees and expenses, nor will they oppose any appeal filed by Class Counsel relative to their application for an award of attorneys’ fees. The parties acknowledge that class counsel spent a significant amount of time litigating this matter, and the award of attorneys’ fees will not cover the amount of attorneys’ fees to which they would be entitled should they file an application as representatives of a prevailing party under 42 U.S.C. § 1988 or Fed. R. Civ. Proc. Rule 23. In the event the attorneys’ fees and expenses are not finally approved by the Court, the r...
Distribution of Settlement Fund. Each member of the Settlement Classes who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Settlement payments will be calculated based on the number of weeks worked during the respective class periods. Each member of the Breaks and Standby Time Class shall be entitled to a proportional share of 45.7% of the Class Fund, and this share shall be calculated as the number of weeks worked by that member from December 19, 2009 to July 1, 2012 divided by the total number of weeks worked by all members of the Breaks and Standby Time Class during that same period. Each member of the Prevailing Wage Class shall be entitled to a proportional share of 54.3% of the Class Fund, and this share shall be calculated as the number of weeks worked by that member from December 19, 2009 to August 15, 2018 divided by the total number of weeks worked by all members of the Prevailing Wage Class during that same period. The Settlement Administrator will mail checks to members of the Settlement Classes. If any checks have not been deposited within 180 days after distribution, the funds from those checks will be considered Residual Funds. These Residual Funds will be distributed by the Settlement Administrator to the Legal Foundation of Washington (50 percent) and the Fair Work Center (50 percent). Ralph’s will not receive funds from any uncashed checks. If more than ten percent of the members of the Prevailing Wage Class who did not have a notice form mailed to them in relation to the certification order entered in November 2013 elect to opt out of the Settlement, then the proportional shares that those new opt outs would have been entitled to under the Settlement will be returned to Ralph’s. Ralph’s has agreed that it will not encourage or entice any member of the Prevailing Wage Class to opt out, and it is unlawful for the company to retaliate against any employee for receiving a payment from this Settlement.
Distribution of Settlement Fund. The proceeds of the Settlement Fund will be distributed as follows:
