Distribution to Class Members. (a) The Settlement Fund will be distributed to Class Members in accordance 7 with the Plan of Allocation.
Distribution to Class Members. The Settlement Fund will be distributed to Class Members in accordance 20 with the Plan of Allocation.
Distribution to Class Members. In addition to her share as a Participating Class Member, class representative Xxxxx Xxxxxxx will receive $20,000, subject to approval of the Court, to be paid from the Class Member Pool to compensate her for bringing this case, the time she spent on this case and her loss of privacy as a result of serving as the named Plaintiff. Xx. Xxxxxxx has worked closely with Plaintiffs’ counsel since late 2009 to change the policy at issue. Since the lawsuit was filed in September 2011, she has regularly provided counsel with information and has informed numerous Class Members and other witnesses about the lawsuit. She attended pretrial hearings including the summary judgment hearing, and she attended a mediation in Worcester with then-Magistrate Judge Xxxxxxx X. Xxxxxxx. She answered interrogatories and document requests, many of which were of a highly personal nature, in painstaking detail. She spent many hours preparing for her deposition, which lasted for the full seven hours permitted under the Federal Rules. Although she was released from the WCC in 2011, the lawsuit has required her to continue to focus on painful memories of her time in jail. This payment will be issued at the same time as the distribution payments to Class Members.
Distribution to Class Members. 1. Class counsel recommends to the Court that the Claims Administrator pay bonuses from the Settlement Fund to compensate the class representative for the time that she spent on this case and her loss of privacy as a result of serving as a Class Representative. Class counsel also recommends a bonus to compensate the 19 class members whose depositions were taken by defense counsel for the time they spent. Class counsel recommends a bonus of $50,000.00 to Xxxxxx Xxxxxxx, the class representative. Class counsel recommends a bonus of $500.00 to each of the 19 class members who were deposed by the Defendants. These checks will be issued at the same time as payments to class members.
2. Class members will receive payment from the common fund after deducting attorneys fees, costs, expenses of administration, and bonuses to the class representative and those class members who were deposed by the Defendants.
3. The Claims Administrator will calculate the amount of money due each class member by providing one share for every class member with an approved claim. The Claims Administrator will total the number of approved shares and then divide the amount remaining in the Settlement Fund (after the payments made as provided in Paragraph 2 above) by the number of shares to determine the amount each approved participating class member will receive.
4. Class members will receive one payment even if they were booked into the jail and strip searched more than one time during the class period.
5. Each class member’s check will be made payable only in his or her name or, upon the death of a class member, to the personal representative of the deceased class member’s estate or the person filing an affidavit in compliance with the Maine Procedure for Collection of Personal Property by Affidavit of the Rightful Heir under 18-A M.R.S.A. § 3-1201, or the equivalent procedure of the law of another state that governs the estate of the deceased class member. A check will be mailed to the class member at their mailing address or it may be picked up. Any change of address request must be made in writing and must be signed by the claimant.
6. If a participating class member is confined in a prison, hospital or other institution and has provided the address of such institution for payment, the settlement check will be sent to that address unless the class member makes other acceptable arrangements in writing with the Claims Administrator.
Distribution to Class Members. After the Final Approval Order becomes Non-Appealable, the Settlement Fund will be distributed to Class Members pursuant to the Court-approved Plan of Allocation. The following payments will be made from the Settlement Fund prior to any distributions to Class Members: (a) any Taxes on the income or earnings by the Settlement Fund, any tax-related expenses, and the creation of any reserve for future expenses (as described above); (b) any expenses incurred in connection with the administration of the Settlement Fund. After deduction of the foregoing, the Settlement Fund will be distributed to the Class Members in accordance with the Plan of Allocation, and in amounts to each individual Class Member as directed by Class Counsel or the Settlement Administrator.
Distribution to Class Members. 31. Named class representatives Xxxxxxxx Xxxxxxx (the first and originating plaintiff in this case) will receive $30,000.00, Xxxxx Xxxxxxxx $20,000.00, Xxxx Xxxxxx $15,000.00, Xxxxxxx Xxxxxxx $15,000.00, Xxxxxxx Xxxxxx $15,000.00, Xxxxx Xxxxxx $15,000.00, and Xxxxx Xxxxx $10,000.00, in full and final settlement of all their claims against Defendants as well as for their service as named class representatives, including but not limited to surrendering their anonymity, bringing suit, submitting to discovery, and participating in and authorizing the settlement of this class action as set forth herein, all in complete satisfaction and discharge of their duties as named class representatives. Their checks shall issue within 30 days of entry of the Order approving this Agreement following the fairness hearing.
32. Class members will receive payment from the settlement funds that remain after deducting attorneys’ fees, litigation expenses, expenses of claims administration and payments to class representatives.
33. The Claims Administrator will calculate the amount of money due each class member by providing one share for every class member with an approved claim. The Claims Administrator will divide the amount remaining in the settlement fund (after the payments made as provided above) by the number of shares to determine the amount each participating class member will receive. Class members will receive only one payment no matter how many times they were admitted into and/or searched while incarcerated at the Jail during the class period.
34. Payments to class members shall not exceed $1500.00 except for the seven named Plaintiffs as set forth in ¶ 31 above.
35. Each class member’s check will be made payable only in his or her name or, upon the death of a class member, to the personal representative of the deceased class member’s estate upon filing an affidavit in compliance with the applicable statutory procedure for collection of personal property by affidavit of the rightful heir. The check will be mailed to the class member at their mailing address. Any change of address request must be made in writing and must be signed by the claimant.
36. If a participating class member is confined in a prison, hospital, or other institution and has provided the address of such institution for payment, the settlement check will be sent to an appropriate institutional address unless the class member makes other acceptable arrangements in writing with the Claims Administra...
Distribution to Class Members. (A) Only Authorized Claimants as defined in Section 1.23 shall receive payment from the Qualified Settlement Fund, in an amount to be determined by the following formula and allocation mechanisms:
(1) First, the Claims Administrator shall calculate the Net Settlement Payment in accordance with this Agreement by deducting Court- approved costs and fees, service awards and class administration fees from the Gross Settlement Amount.
(2) Second, all Class Members will be categorized by three job classifications and three periods of time in which they performed work, in accordance with the following:
A. Three job classifications: (1) Class Members that performed work at the Javits Center and were paid directly by Defendants shall be identified as a “Centerplate Worker”, (2) Class Members that performed work at the Javits Center but were not paid directly by Defendants or were paid by third-party staffing agencies shall be identified as a “Temporary Worker”, and (3) Class Members that did not perform work at the Javits Center but worked at other Volume Services or Centerplate locations owned, operated, or managed by Defendants within New York State during the Relevant Period shall be deemed “Non-Javits Worker”.
B. Three separate periods of time in which Class Members performed worked: (1) January 1, 2008 through December 31, 2010;
(2) January 1, 2011 through December 31, 2016, and/or (3) January 1, 2017 through June 30, 2018.
(3) Third, any Non-Javits Worker (“Non-Javits Claimant”) Authorized Claimant will be entitled to payment for each year he or she performed worked during the Relevant Period at a Non-Javits Center as follows:
A. Centerplate Worker: Single payment of $100.00 for 1-3 years of employment; $150.00 for 4-6 years of employment; $200.00 for 4-6 years of employment.
B. Temporary Worker: Flat payment of $50.00 regardless of years worked.
C. The amount owed to Non-Javits Claimants will be deducted from the Net Settlement Payment to establish the Javits Allocation Gross Total.
(4) Fourth, the Javits Allocation Gross Total shall be divided into six separate amounts (A-F) based on the following categories and percentages:
(A) All Temporary Workers from Jan. 1, 2008 through Dec. 31, 2010 will be entitled to receive up to 45% of the Javits Allocation Gross Total;
(B) All Temporary Workers from Jan. 1, 2011 through Dec. 31, 2016 will be entitled to receive up to 22.5% of the Javits Allocation Gross Total:
(C) All Temporary Workers from Jan...
Distribution to Class Members. The Net Settlement shall be paid to Class Members pro-rata based on the number of pay periods that they worked as a part-time or full-time faculty member or instructor during the Class Period, in proportion to all such pay periods worked by all Class Members. In addition, the $2,500 in PAGA penalties shall be paid on a pro rata basis to Aggrieved Employees who worked for CSU in California during the PAGA Period. You will receive this payment and will release your Released PAGA Claims (defined below) regardless of whether or not you opt-out of the Settlement. Some Class Members and Aggrieved Employees were paid on a monthly basis. To compensate all Class Members and Aggrieved Employees who were paid monthly on an equal basis to those who were paid bi-weekly, all monthly pay periods of Class Members and Aggrieved Employees who were compensated monthly shall be converted to bi-weekly pay periods using a multiplier of 2.167, derived by dividing the number of bi-weekly pay periods in one year by the number of monthly periods in one year (26 bi-weekly pay periods / 12 monthly pay periods = 2.167 bi-weekly pay periods per a monthly pay period).
Distribution to Class Members a. Defendants will pay, or cause to be paid, by wire transfer, to the Settlement Administrator, funds sufficient to cover the payment of all checks to all Settlement Class Members, into an account established by the Settlement Administrator (“Settlement Fund”), within ten (10) calendar days after the Effective Date.
b. Payments will be distributed in the form of a check to each qualifying Settlement Class Member who did not validly and timely opt out of the Settlement Class.
c. The Settlement Administrator shall begin making payments to Class Members who submit timely, valid, and approved Claims via first-class mail or electronic transfer no later than thirty (30) calendar days after the Effective Date.
d. The Settlement Administrator shall have completed sending the payment to Class Members who have submitted timely, valid, and approved Claims no later than ninety (90) calendar days after the Effective Date.
e. Class Members shall have one hundred and eighty (180) days from the date on which checks are mailed to negotiate their checks. Checks not negotiated within this one hundred and eighty (180) day period will expire on the first day after the period ends.
f. If any such payment is returned by the U.S. Postal Service as undeliverable, or is not negotiated before it expires, neither Defendants, the Settlement Administrator, nor Class Counsel shall have any further obligations to any of the Class Members as to these payments, except that:
i. For any check returned by the U.S. Postal Service with a forwarding address before the check’s expiration date, the Settlement Administrator will mail the check to the forwarding address;
ii. If any of the Class Members contacts the Settlement Administrator or Class Counsel to request a replacement check, the Settlement Administrator will comply with that request by cancelling the initial check and issuing a replacement check, but the replacement check shall expire on the same date as the original check and the replacement check will state this on its face; and
iii. It is the Parties’ intent to distribute the entirety of the Settlement Fund to Settlement Class Members. If, after distributing the funds from the Settlement Fund in accordance with Section IV.B, any cash remains in the Settlement Fund from uncashed checks, the funds will be distributed to National Consumer Law Center as a cy pres recipient as detailed in Section IV.B.3.g–h below. Under no circumstances shall any cash remaining in the Settlement Fund reve...
Distribution to Class Members. Distribution of the Net Settlement Amount shall be made by the Settlement Administrator as follows:
(a) After deductions of Court-approved Class Counsel’s attorneys’ fees and costs, the Class Representative Payment, and the payment for the services of the Settlement Administrator, the remainder of the Gross Settlement Amount (i.e., the Net Settlement Amount) shall be available to be distributed to the Participating Class Members.
(b) Every Participating Class Member—meaning all Class Members who have not timely and properly opted-out of the Settlement—will be entitled to their allocated share of the Settlement Proceeds. The calculation is as follows and is based upon the information provided to the Settlement Administrator by Defendant: each Class Member’s share shall be calculated by first dividing their Weeks Worked during the Class Period by the sum total of all Class Members’ Weeks Worked during the Class Period. This calculation will result in a percentage figure for each Class Member (the “Percentage Figure”). The Percentage Figure will then be used to determine each Class Member’s portion of the Net Settlement Amount by multiplying the Percentage Figure to the Net Settlement Amount. This portion is referred to as each Participating Class Members’ “Individual Settlement Payment.”
(c) One-third (1/3) of each Individual Settlement Payment will be allocated and treated as wages, reported on a W-2 basis, and will be subject to normal payroll deductions. Another one-third (1/3) of each Individual Settlement Payment will be allocated as statutory and/or other non-wage damages, including statutory penalties, and will be reported on a 1099 basis. The final one-third (1/3) of each Individual Settlement payment will be allocated as interest, and will be reported on a 1099 basis. The W-2s and 1099s will be prepared by the Settlement Administrator.
