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Distribution to Class Members Sample Clauses

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. (a) The Settlement Fund will be distributed to Class Members in accordance 7 with the Plan of Allocation.
Distribution to Class MembersIn 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 MembersThe Settlement Fund will be distributed to Class Members in accordance 20 with the Plan of Allocation.
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 Order becomes Non- Appealable, the Settlement Fund will be distributed to Class Members pursuant to the Court- approved Plan of Allocation through the Plan. 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 (to the extent that there are any under this Settlement); and
Distribution to Class Members. Each Class Member, except those charged with non-indictable drug offenses, who submits a valid claim will receive a payment of $325.00. Class Members incarcerated on non-indictable drug offenses will receive a reduced payment of $200. If a Class Member owes child support, their payment under this Settlement will be credited towards their child support debt. Individuals who were admitted to the Essex County Correctional Facility on more than one occasion will only be allowed to file one claim against the Settlement Fund.
Distribution to Class Members. (a) The Settlement Administrator shall be solely responsible for mailing reimbursement checks to Settlement Class Members within sixty (60) days of the Effective Date. (b) Settlement Class Members must cash checks within ninety (90) days of issuance. If any Settlement Class Member does not do so, his or her check will be void. This limitation shall be printed on the face of each check. The voidance of checks shall have no effect on the Settlement Class Members’ release of claims, obligations, representations, or warranties as provided herein, which shall remain in full effect. (c) Any dispute over the validity or amount of any claim submitted by any Class Member shall be resolved by a mediator mutually agreed upon by the Parties and approved by the Court. Any fees charged by this mediator shall be paid by Xxxxxxxxx and credited against the Total Settlement Amount. (d) In the event that multiple individuals or entities claim entitlement to reimbursement based on the same reduction, those entities’ dispute shall be resolved by a mediator mutually agreed upon by the Parties and approved by the Court. Any fees charged for resolving such disputes shall be paid by the parties claiming entitlement to the same funds and shall not be paid by Defendant. In the event of such dispute, Defendant shall, under no circumstances, be liable to issue duplicate payments.
Distribution to Class MembersClass Members who do not opt out will receive a pro-rata payment based on the number of weeks worked by Class Members for Defendant during the Class Period as non-exempt, hourly-paid route employees (“Eligible Workweeks”). Specifically, Class Members’ payments will be calculated by dividing the number of Eligible Workweeks attributed to the Class Member by all Eligible Workweeks attributed to members of the Settlement Class, multiplied by the Net Settlement Amount. Otherwise stated, the formula for a Class Member is: (individual Class Member’s Eligible Workweeks ÷ total Settlement Class Eligible Workweeks) x Net Settlement Amount. Defendant’s records indicate that you worked [Eligible Workweeks] as a non-exempt route employee in California between October 6, 2017, through October 1, 2021. Based on these records, your estimated payment as a Class Member would be [$Estimated Award]. If you believe this information is incorrect and wish to dispute it, you must mail a dispute to the Settlement Administrator no later than [RESPONSE DEADLINE]. Please include any documentation you have that you contend supports your dispute. 33.33% of each Settlement Payment will be allocated as wages and reported on an IRS Form W-2; and 66.66% will be allocated as penalties and interest reported on an IRS Form 1099. You may be responsible for taxes on any amounts you receive. This notice is not intended to provide legal or tax advice on your Settlement Share.
Distribution to Class MembersDistribution 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.