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 settlement check will be voided. 6. If there remains any residual from the Settlement Fund after all payments are made under this Agreement because settlement checks are not cashed or deposited within ninety (90) days after issuance, the residual shall be paid to Settlement Class Members who cashed their checks in a pro-rata distribution if economically feasible; otherwise, Class Counsel shall apply to have any residual distributed to a cy pres fund that directly benefits the residents of or around East Palestine, to be approved by the Court.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Distribution of Settlement Fund. 1. Within thirty After the withdrawal of the costs of Notice and Claims Administration, Attorneys' Fees, Costs and Expenses, and Incentive Awards, the distribution of the remainder of the Escrow Account will proceed as follows within sixty (3060) days after the Effective DateDate of this Settlement:
a. If the aggregate amount of submitted claims does not exceed the remainder of funds in the Escrow Account, the Settlement Administrator shall begin distribution to distribute the Settlement Fund Class Members will proceed as follows:
a. the Settlement Administrator shall begin to issue and mail to each Settlement i. Each Class Member who submits submitted a valid Claim a check Form shall receive the total amount claimed on the Claim Form;
ii. If there are still funds remaining in the amount determined to Escrow Account, the remainder shall be his/her/their award, pursuant distributed on a pro rata basis within and up to the allocation plan limits described in Section XIII.Ciii below.
iii. Each Class Member may receive a total reimbursement from the Settlement Fund, including the amount submitted on his or her Claim Form and any pro rata distribution, of no more than three times the amount claimed on his or her Claim Form; 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 mailiv. If any Settlement Class Member’s check is returned to there are still funds in the Settlement Administrator without a forwarding address, the Settlement Administrator shall undertake reasonable efforts to locate the correct address and shall promptly re-mail Escrow Account after the Settlement Class Member’s check after verifying its validityMembers are paid up to three times the amount claimed on their Claim Forms, the remainder of the funds in the Escrow Account shall revert to Liberty Bank.
3. Each Settlement Class Member will have ninety (90) days from b. If the date on which total amount of submitted claims exceeds the checks are issued to cash or deposit his or her settlement checkfunds available in the Escrow Account after payment of the costs of Notice and Claims Administration, Attorneys' Fees, Costs, and each check shall bear a legend stating that Expenses and Incentive Awards, the check funds remaining in the Escrow Account shall be void after ninety (90) daysdistributed to Class Members who submitted valid Claim Forms on a pro rata basis. If any settlement check is not cashed or deposited In no event shall Liberty Bank be required to pay out in that period of time, that settlement check will become voidthe aggregate to Class Members more than the amount remaining in the Escrow Account.
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 c. Payments to Liberty Bank Settlement Class Members pursuant to this Paragraph will be deemed to have irrevocably waived any right made as follows:
(1) for current Liberty Bank Account holders, by electronic deposit 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 by mailing checks to the stop payment orderaddress provided on the Claim Form; and (2) for former Liberty Bank Account holders, by mailing checks to the Settlement Administrator will issue a replacement check, from which address provided on 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 settlement check will be voidedClaim Form.
6. If there remains any residual from the Settlement Fund after all payments are made under this Agreement because settlement checks are not cashed or deposited within ninety (90) days after issuance, the residual shall be paid to Settlement Class Members who cashed their checks in a pro-rata distribution if economically feasible; otherwise, Class Counsel shall apply to have any residual distributed to a cy pres fund that directly benefits the residents of or around East Palestine, to be approved by the Court.
Appears in 1 contract
Samples: Settlement Agreement
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 Each Settlement Class Member who submits does not submit 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 valid 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 timely request for exclusion 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 automatically receive a settlement payment, but assuming court approval of the Settlement. Your settlement payment will be calculated based on the estimated number of rest breaks and meal periods you should have received during the time period covered by the Settlement, the rate(s) paid to you for your work, and the amount of time that has passed since those breaks should have occurred, all based on the time and pay records maintained by Garda, and calculations performed by a court-approved expert. Based on Garda’s records, Plaintiffs’ expert has estimated your individual gross settlement amount to be <merge payment amount>, less applicable withholdings. This amount may change based on future court rulings or other developments in connection with the settlement. Checks will be mailed to Settlement 43136460.4 Comment [DJ1]: To be included if available at the time Notice is prepared for mailing. Class Members by 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-mailingAdministrator. If any settlement check is checks have not cashed or deposited in that period of time, that settlement check will be voided.
6. If there remains any residual from the Settlement Fund after all payments are made under this Agreement because settlement checks are not cashed or been deposited within ninety (90) days after issuancedistribution, the residual funds from those checks will be considered Residual Funds, which will be distributed to the Legal Foundation of Washington and the Public Citizen Litigation Project. Tax Treatment of Settlement Awards: Thirty-three percent (33%) of each Settlement Class Member’s settlement award will be treated as wages subject to normal tax withholding, and shall be paid reported to the taxing authorities and the Settlement Class Members who cashed their checks in a proMember on an IRS Form W-2. Sixty-rata distribution if economically feasible; otherwiseseven percent (67%) of each Settlement Class Member’s settlement award will be treated as non-wages (penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099 (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Counsel Member. Garda will pay the employer’s share of payroll taxes due as part of the Settlement, and such payments shall apply to have any residual distributed to a cy pres fund that directly benefits not be deducted from the residents $12,500,000 settlement amount. Release of or around East Palestine, to be approved Claims: Upon final approval by the Court., the Settlement Class and each Settlement Class Member who has not submitted a valid and timely written request to be excluded from the Settlement will irrevocably release all claims against Garda that were asserted in either or both lawsuits relating to rest or meal periods for the time period from February 11, 2006, through and including August 5, 2018. This Release includes any claims for wages, overtime, penalties, interest, fees, costs, attorney fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaints filed in the lawsuits relating to missed, interrupted or non-compliant meal periods and rest breaks. HOW YOU CAN GET PAYMENT
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 Each Settlement Class Member who submits does not submit a Claim valid and timely request for exclusion will automatically receive 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.
3settlement payment. Each Settlement Class Member will have ninety (90) days who does not request exclusion shall receive a minimum settlement payment of $20.00. The remaining monies from the date on which the checks are issued $37,250.00 class fund will be allocated 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 as follows: (i) Each Settlement Class Member’s hours worked during the Settlement Class Period will be deemed divided by the sum total of all Settlement Class Members’ hours worked during the Settlement Class Period. This calculation will result in a percentage figure for each Settlement Class Member (the “Class Portion Percentage Figure”), which will then be multiplied by the Class Portion, with the resulting figure being paid to have irrevocably waived any right or claim the Settlement Class Member; (ii) Each “front of house” Settlement Class Member’s hours worked in a “front of house” position during the Settlement Class Period will be divided by the sum total of all “front of house” Settlement Class Members’ hours worked during the Settlement Class Period. This calculation will result in a percentage figure for each “front of house” Settlement Class Member (the “Service Charge Portion Percentage Figure”), which will then be multiplied by the Service Charge Portion, with the resulting figure being paid to a the “front of house” Settlement Class Member. The results of the foregoing calculations for each Settlement Class Member, in addition to the Twenty Dollar ($20.00) minimum settlement payment, but the Settlement Agreement and Release of claims contained therein nevertheless will shall be binding upon them.
5. If referred to as a Settlement Class Member notifies the Settlement Administrator Award (or Class Counsel that he or she believes that a settlement check has been lost or stolencollectively, the Settlement Administrator shall promptly stop payment on such checkAwards). 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 settlement check Checks will be voided.
6. If there remains any residual from the Settlement Fund after all payments are made under this Agreement because settlement checks are not cashed or deposited within ninety (90) days after issuance, the residual shall be paid mailed to Settlement Class Members who cashed their checks in a pro-rata distribution if economically feasible; otherwise, Class Counsel shall apply to have any residual distributed to a cy pres fund that directly benefits the residents of or around East Palestine, to be approved by the CourtSettlement Administrator. If any checks have not been negotiated within one hundred twenty (120) days after distribution, the funds from those checks will be sent in the corresponding Settlement Class Member’s name to the Unclaimed Property Fund for the State of Washington pursuant to the Unclaimed Property Act (RCW 63.29 et seq). EOH will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Forty Percent (40%) of each Settlement Class Member’s Settlement Award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty Percent (60%) of each Settlement Class Member’s Settlement Award will be treated as non- wages (a combination of penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. In addition to the monies it is contributing to the Settlement Fund described above, EOH is also paying all required employer-paid taxes incurred as part of the Settlement. EOH’s payment of these employer-paid taxes will not decrease the funds available to Settlement Class Members.
Appears in 1 contract
Samples: Settlement Agreement
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 Each Class Member who submits does not request for exclusion will receive a Claim a check in the amount determined to settlement payment. Your settlement payment will be his/her/their awardcalculated based on Class Counsel’s analysis of your payroll, pursuant to the allocation plan described in Section XIII.C; and
b. the Settlement Administrator shall issue time records and mail to each Plaintiff any Service Award approved by the Court.
2duties while working at The Willows Inn, as well as based on interviews of Plaintiffs and other Class members. 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 The calculation 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 award for each individual Settlement Class Member will have ninety (90) days from be based on the date on which comparison between the checks are issued dollar value of the potential unpaid wages the employee was entitled to cash or deposit his or her settlement checkwhile working at the Willows Inn between June 14, 2018 and each check shall bear a legend stating January 20, 2022 and the aggregate dollar value of the potential unpaid wages that all Settlement Class Members were potentially entitled to while working at the check shall Willows Inn during that time. Checks will be void after ninety (90) daysmailed to Settlement Class Members by Simpluris, the Settlement Administrator. 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 checks 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 settlement check will be voided.
6. If there remains any residual from the Settlement Fund after all payments are made under this Agreement because settlement checks are not cashed or deposited within ninety (90) days after issuancedistribution, the residual shall funds from those checks will be paid considered unclaimed. If those unclaimed funds are significant, then, subject to Court approval, Class Counsel may authorize another distribution to those Settlement Class Members who cashed their award checks. Ninety (90) days after a second distribution, or if there is no second distribution, then the funds from the uncashed checks in a pro-rata distribution if economically feasible; otherwise, Class Counsel shall apply to have any residual will be considered unclaimed property and deemed Residual Funds. These Residual Funds will be distributed to a cy pres fund that directly benefits the residents Legal Foundation of or around East Palestine, Washington and the Washington Wage Claim Project. Defendants will not receive funds from any uncashed checks. Tax Treatment of Settlement Awards: Forty Percent (40%) of each Settlement Class Member’s settlement award will be treated as wages and subject to applicable tax withholdings and shall be approved by reported to the Courttaxing authorities and the Settlement Class Member on an IRS Form W-2. Sixty Percent (60%) of each Settlement Class Member’s settlement award will be treated as non-wages from which there will be no tax withholdings and for which an IRS Form 1099 shall be issued to the taxing authorities and the Settlement Class Member. Please consult an accountant regarding the taxes you may owe if you receive money from the settlement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
