Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members: a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class. b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants on the draft. Defendants will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement. c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures: (1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so. (2) Within twenty-one (21) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator send the Notice of Settlement to all Proposed Class Members by mail. (3) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel on or before the Notice Deadline. (4) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement. (5) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award. d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement. e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same. f. No later than twenty one (21) days after the Notice Deadline, Class Counsel must file with the Superior Court a motion for final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement. g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight (28) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney fees, expenses, or costs to any Party except as provided herein. h. After entry of the Final Judgment, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules. i. Within five (5) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for the monies reflected in the Attorney Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund into the QSF. At that same time, Defendants will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants pending the issuance of the Settlement Awards to Settlement Class Members. j. The Settlement Administrator shall issue Settlement Award checks within fourteen (14) business days of the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check for wages and one check for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authorities, all federal, Washington state, and local withholding taxes from each check for wages, and shall issue appropriate IRS Forms W-2 for each check for wages. The non-wages (penalties, enhancements, and prejudgment interest) check shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements. k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case. l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law Project. m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, certifying the Settlement Subclass, notifying the members of the Proposed ClassSettlement Class and Settlement Subclass, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members and Settlement Subclass Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Class Settlement to members of the Proposed ClassSettlement Class who are not also members of the Proposed Settlement Subclass and issuance of the Notice of Class and Subclass Settlement to members of the Proposed Settlement Subclass.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement ClassClass and Settlement Subclass, preliminarily approving the Settlement and this Agreement, approving the Notice of Class Settlement and Notice of Class and Subclass Settlement to the members of the Proposed ClassSettlement Class and Proposed Settlement Subclass (as the case may be), and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants FPG with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five two (52) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants FPG on the draft. Defendants FPG will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice notice of the Settlement shall be provided to the Proposed Settlement Class and Proposed Settlement Subclass using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty-five (2) Within twenty-one (2135) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator send the Notice of Class Settlement and Notice of Class and Subclass Settlement to all the Proposed Settlement Class Members and Proposed Settlement Subclass (as the case may be) by mailmail and email.
(32) The Notice of Class Settlement shall provide that Proposed Settlement Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Class Settlement shall also provide that Proposed Settlement Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Settlement Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(4) The Notice of Class and Subclass Settlement shall provide that Proposed Settlement Subclass Members who do not opt out (i.e., who wish to become Settlement Class Members and Settlement Subclass Members) and who wish to object to the Settlement must submit to the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to the Settlement Administrator on or before the Notice Deadline.
(5) The Notice of Class and Subclass Settlement shall also provide that Proposed Settlement Subclass Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Settlement Subclass Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and Settlement Subclass Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement
(6) The Notice of Class Settlement and Notice of Class and Subclass Settlement shall also advise Settlement Class Members and Settlement Subclass Members (as the case may be) that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members or Proposed Subclass Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Class Settlement or Notice of Class and Subclass Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of SettlementClass Settlement or Notice of Class and Subclass Settlement (as the case may be). If such Notice of Class Settlement or Notice of Class and Subclass Settlement (as the case may be) is again returned as undeliverable, no further attempts at delivery of the Notice of Class Settlement or Notice of Class and Subclass Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Class Settlement or Notice of Class and Subclass Settlement and/or Exclusion Form to a Proposed Settlement Class Member or Proposed Settlement Subclass Member (as the case may be) at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s or Proposed Settlement Subclass Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section IV.7.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members and/or Proposed Subclass Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member Member and/or Proposed Subclass Member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorney’s Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five (5) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for FPG shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants FPG will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members and Settlement Subclass Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by FPG upon the latter of five (5) business days after the Effective Date or within five (5) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants FPG pending the issuance of the Settlement Awards to Settlement Class Members and Settlement Subclass Members. Until the date that FPG’s funding of the QSF is due, FPG shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within three (3) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award checks within fourteen to the respective recipients thereof. Within ten (1410) business days of after the Effective DateMaximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member and Settlement Subclass Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant FPG for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members and Settlement Subclass Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member or Settlement Subclass Member (as the case may be) his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class memberMember or Settlement Subclass Member, Defendants FPG shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and Settlement Subclass Members and which, if any, checks to Settlement Class Members and Settlement Subclass Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants FPG with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsFPG. In the event If any QSF funds checks to Settlement Class Members and/or Settlement Subclass Members have not been distributed by negotiated within one hundred twenty (120) days after distribution, the initial distribution of funds from those checks will sent in the Settlement Award checks, or any checks mailed to corresponding Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Member’s and/or Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator shall deliver 50% of these Residual Funds Subclass Member’s name to the Legal Foundation Unclaimed Property Fund for the State of Washington and 50% to the Unemployment Law ProjectWashington. FPG will not receive funds from any uncashed checks.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for (1) obtaining preliminary Superior Court approval of the Settlement, (2) certifying the Settlement Class, (3) notifying the members of the Proposed Class, (4) obtaining final Superior Court approval of the Settlement, and (5) implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of Settlement Administrator to issue the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants NNA with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants NNA on the draft. Defendants NNA will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty-five (2) Within twenty-one (2135) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailmail and email.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel requesting exclusion from the Settlement Administrator, postmarked or delivered on or before the Notice Deadline, requesting exclusion from the Settlement. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the SettlementCase.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt opting out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable to a Proposed Class Member without a forwarding address, the Settlement Administrator will perform a reasonable search, such as a “skiptrace” search search, using the National Change of Address database to obtain an updated address for a Proposed Class Member and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section VI.7.b., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member along with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorney’s Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves grants final approval of the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five fourteen (514) business calendar days after the Effective Date, Defendants will issue and mail to Class Counsel checks for NNA shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants NNA will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by NNA upon the later of fourteen (14) calendar days after the Effective Date or within fourteen (14) calendar days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) business days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants NNA pending the issuance of the Settlement Awards to Settlement Class Members.
j. The Within five (5) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award checks within fourteen to the respective recipients thereof. Within ten (1410) business days of after the Effective DateMaximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Using the funds transferred into the QSF by NNA for the employer share of payroll taxes, the Settlement Administrator shall withhold, and pay remit to the appropriate taxing authorities, all federal, Washington state, and local withholding the employer-side payroll taxes from the portion of each check for wages, Settlement Class Member’s Settlement Award allocable to wages and shall issue appropriate report the wage payments to Settlement Class Members on IRS Forms W-2 for each check for wagesW-2. The portion of the Settlement Class Member’s Settlement Award allocable to non-wages (penalties, enhancements, and prejudgment interest) check shall not be subject to withholdings and shall be reported on an IRS Form Forms 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable search, such as a “skiptraceskip trace” search search, using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants shall instruct the member to contact the Settlement Administrator or Class Counsel. .
m. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants NNA with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or NNA.
n. If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution 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. Any overpayment to the Settlement Administrator by NNA of any estimated employer share of the Settlement Award checks, such funds payroll taxes or withholdings shall be considered Residual Funds. The returned to NNA by the Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law ProjectAdministrator.
m. o. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall stipulate to a continuance of the trial for a time one year or more from the date of stipulation and stipulate to an extension to deadline to demand a jury such that either party can make a jury demand. Then the parties shall proceed in all respects as if this Agreement had not been executed. For purposes of this settlement only and provided the Final Approval occurs, the Parties agree to the certification of a provisional Settlement Class. In the event that this Agreement is not finally approved by the Superior Court or Final Approval does not occur, or the settlement is terminated for any reason, than this Agreement shall be void and the Parties reserve all rights, positions, and arguments on, among other points, the issues of whether a class should be certified in the Case, and whether dispositive motions should be granted and attorneys’ fees awarded; all claims, issues, defenses, filed Complaints, and causes of action are preserved and restored, without prejudice, as if this Agreement had never been executed; and the Parties remain free to pursue the Case that was pending prior to this Agreement subject to all available defenses and claims. In the event the Settlement is terminated, this Agreement shall neither be admissible nor be utilized as evidence regarding class certification or otherwise in further proceedings in this Case.
p. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. After execution of this Settlement, Class Counsel shall file a motion with the Superior Court (to be heard on July 21, 2023, or the earliest date thereafter the Superior Court has available) to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants Defendant with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court business days before the motion is filed. Plaintiff agrees Plaintiffs agree to consider in good faith all comments of Defendants Defendant on the draft. Defendants Defendant will not oppose Plaintiff’s Plaintiffs’ motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty (230) Within twenty-one (21) calendar days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailregular mail and email.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need to do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) calendar days after the Notice Deadline, or seven (7) calendar days following resolution of challenge as set forth in Section IV.8.c., above, Class Counsel must shall file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) business days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing continued jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five ten (510) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for Defendant shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants will The Company shall also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by Defendant upon the latter of five (5) business days after the Effective Date or within five (5) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes to the Company. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) business days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants Defendant pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that Defendant’s funding of the QSF is due, Defendant shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within three (3) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall wire transfer or issue and mail checks for the Service Awards, Full Release Awards, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award to the respective recipients thereof. Within ten (10) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue Settlement Award checks within fourteen (14) business days of the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-non- wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, withhold and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, exemplary/liquidated damages, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) calendar days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) business days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class membermember about the Settlement Award after Notice has been sent, Defendants Defendant shall instruct encourage the member to contact the Settlement Administrator or Class Counsel. The Company is not precluded from communicating with their current employees that are Class members about the settlement, provided the Company encourages employees not to opt out of the settlement. No later than one hundred twenty (120) calendar days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants the Company with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsThe Company. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the funds from those checks will be sent by the Settlement Award checks, such funds shall be considered Residual FundsAdministrator 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). The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law ProjectCompany will not receive funds from any uncashed checks.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties Parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order preliminarily certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants Defendant with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five one (51) court days day before the motion is filed. Plaintiff Class Counsel agrees to consider in good faith all comments of Defendants Defendant on the draft. Defendants Defendant will not oppose Plaintiff’s Plaintiffs’ motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty (2) Within twenty-one (2130) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mail.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than twenty one of ten (2110) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section VI.7.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorney’s Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award Awards to the PlaintiffPlaintiffs. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five two (52) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for Triple Canopy shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants Triple Canopy also will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by Triple Canopy upon the latter of two (2) business days after the Effective Date or within two (2) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants Triple Canopy pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that Triple Canopy’s funding of the QSF is due, Triple Canopy shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within five (5) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award checks within fourteen to the respective recipients thereof. Within ten (1410) business days of after the Effective DateMaximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, withhold and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant Triple Canopy for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants Defendant shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants Defendant with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsDefendant. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the Settlement Award checks, such funds shall residuals created by those uncashed or undeliverable settlement checks will be considered Residual Funds. The Settlement Administrator shall deliver distributed fifty percent (50% of these Residual Funds %) to the Legal Foundation of Washington and fifty percent (50% %) to the Unemployment Law ProjectFair Work Center. There will be no reversion to Defendant. Defendant will not receive funds from any uncashed or undeliverable checks.
m. l. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court (to be heard on December 8, 2023, or the earliest date thereafter the Superior Court has available) to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants the Company with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants the Company on the draft. Defendants The Company will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
(2) Within twentyTwenty-one (21) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailmail and email (if available).
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such a written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section IV.7.c., above, Class Counsel must shall file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award and Full Release Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing continued jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within ten (10) business days after the Effective Date, Arjo shall initiate a transfer of the Maximum Settlement Amount into the QSF. Such payment shall be made by Arjo upon the latter of five (5) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for the monies reflected in the Attorney Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund into the QSF. At that same time, Defendants will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants Arjo pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that Arjo’s funding of the QSF is due, Arjo shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within three (3) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall wire transfer or issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award to the respective recipients thereof. Within ten (10) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue Settlement Award checks within fourteen (14) business days of the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, withhold and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 payments, the The Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants the Company shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants Arjo with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsArjo. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the funds from those checks will be sent by the Settlement Award checks, such funds shall be considered Residual FundsAdministrator 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). The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law ProjectCompany will not receive funds from any uncashed checks.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the The Parties agree to the following procedures for obtaining preliminary Superior District Court approval of the Settlement, conditionally certifying the Settlement Class, notifying the members of the Proposed Class, setting procedures to object to and opt out of the Settlement, obtaining final Superior District Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior District Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement notices substantially similar to Exhibits A and B attached hereto to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior District Court to enter an order certifying the Settlement ClassProposed Class for settlement purposes, preliminarily approving the Settlement and this Agreement, approving the Long Form Notice of Settlement to the Proposed Class and the Email Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants on the draft. Defendants will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior District Court’s approval, the Long Form Notice of the Settlement and Email Notice shall be provided using the following procedures:
(1) Promptly upon Within thirty (30) days of receiving the Proposed Class Member Data and other data information from DefendantsJBS as set forth in Section VI.8.b. above, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
(2) Within twenty-one (21) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator send the Long Form Notice of Settlement to all Proposed Class Members by mailmail and shall send the Email Notice to all Proposed Class Members by email.
(32) The Long Form Notice of Settlement and Email Notice shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement, which (a) must be signed and dated, (b) state the objecting person’s full name, address, and telephone number, (c) state the words “Notice of Objection” or similar words, (d) describe the grounds for the objection, and (e) indicate whether the objecting person is represented by counsel. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline. A timely filed valid objection will be considered even if an objecting Proposed Class Member does not appear at the Final Approval Hearing, either in person or through the objector’s own counsel. Proposed Class Members may withdraw their objections, if any, at any time in writing to the Settlement Administrator. Proposed Class Members who submit an objection shall remain subject to and bound by the Released Claims provisions in this Agreement in any order granting final approval of the Settlement upon its Effective Date.
(3) If any Proposed Class Member does not timely object to the Settlement, then the Proposed Class Member waives any and all rights to appeal from an order CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE - 9 granting final approval of the Settlement, including, but not limited to, all rights to any post- judgment proceeding and appellate proceeding, such as a motion to vacate or set aside judgment, and any extraordinary writ.
(4) The Long Form Notice of Settlement and Email Notice shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement postmarked on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior District Court, regardless of whether they have objected to the Settlement. If any Exclusion Letter received is incomplete or deficient, or if there is a question about the authenticity of a signed request for exclusion, the Settlement Administrator shall send a letter informing the Proposed Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. If, after the cure period, the Proposed Class Member has not cured the Exclusion Letter, the Proposed Class Member will be deemed to have not excluded himself or herself and will be bound by the Settlement.
(5) The Long Form Notice of Settlement and Email Notice shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. By signing this Agreement, Plaintiff agrees not to opt out from the Settlement, and to act in good faith to seek Preliminary and Final Approval from the District Court. Any such opt out by Plaintiff shall be void and of no force or effect. If, after signing this Agreement, Plaintiff submits a timely and valid objection to the Settlement, Class Counsel will act in good faith to seek Preliminary and Final Approval of the Settlement from the District Court.
e. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior District Court’s Final Judgment approving the Settlement.
e. f. If a Proposed Class Member submits both a timely and valid Exclusion Letter and objection, the Settlement Administrator shall treat the conflicting submissions as a valid submission that will make him or her a Settlement Class Member.
g. Should any Long Form Notice of Settlement or Email Notice be returned as undeliverable without a forwarding address, within seven (7) days from receipt of the returned undeliverable, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Long Form Notice of Settlementor Email Notice. The Settlement Administrator shall provide Class Counsel and Defendant’s counsel updated addresses for Proposed Class Members, if applicable. If such Long Form Notice of Settlement or Email Notice is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Long Form Notice of Settlement and/or Exclusion Form or Email Notice to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same. In no event, CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE - 10 however, shall the Notice Deadline be more than sixty (60) days from the Initial Mailing Date and no Exclusion Letter shall be timely and valid after this date.
f. No later than twenty one h. Within fourteen (2114) days after of the Notice Deadline, Class Counsel must file with shall move the Superior Court a motion for final approval of to enter the Final Approval Order approving the Settlement to inform the Court and releasing any Released Claims of Settlement Class Members. Class Counsel shall file a memorandum addressing any Proposed Class Members who have opted out of the settlementtimely and valid objections and identifying any requests for exclusion. Defendant’s counsel may, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopesbut is not required to, and to respond to any objections to the settlementfile an additional memorandum in response.
g. i. Subject to the Superior District Court’s availability and direction but no sooner than twenty-eight (28) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior District Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior District Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior District Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorneys’ fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry j. The Parties agree the Case includes claims that would, if proven, authorize the District Court to grant relief pursuant to the laws cited therein. If the Settlement is approved, the District Court shall retain jurisdiction with respect to the interpretation, implementation, enforcement of the Final Judgmentterms of this Agreement and all orders and judgment entered in connection therewith, and the Superior Court shall have continuing Parties and their counsel hereto submit to the jurisdiction solely of the District Court, including for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. k. Within five thirty (530) business days after the Effective Date, Defendants JBS will issue and mail to Class Counsel checks for the monies reflected in the Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award. Within five thirty (530) business days after the Effective Date, Defendants JBS shall also deposit the mail Settlement Award checks to Settlement Class Fund into the QSFMembers, as specified below. At that same timeIf possible, Defendants JBS will also transfer into mail the QSF an amount equal appropriate tax forms to Settlement Class Members with the award checks. If that is not done, JBS shall mail the appropriate tax forms to the estimated Settlement Class Members when it becomes possible to do so. JBS also shall timely pay to the appropriate governmental taxing authorities its employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants pending the issuance of the Settlement Awards to Settlement Class Members.
j. The Settlement Administrator shall issue Settlement Award checks within fourteen (14) business days of the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class Member. There shall be two l. Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, such as penalties and prejudgment interest). The Settlement Administrator JBS shall withhold, and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wageswages based on JBS’s most recent records for each Settlement Class Member, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, penalties and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement AdministratorJBS. Using the funds transferred into the QSF by Defendant shall include a return address to Class Counsel for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirementsreturned as undeliverable.
k. m. No later than one hundred sixty (160) days after the Settlement Administrator JBS issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE - 11
l. n. Should any Settlement Award checks check be returned as undeliverable to Class Counsel without a forwarding address, Class Counsel will notify Defendant of such undeliverable check and the name of the Settlement Administrator Class Member, and Class Counsel will perform a reasonable “skiptrace” search to obtain an updated address and, if and/or shall seek to contact the Settlement Class Member to obtain an updated address. If located, Class Counsel shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator Class Counsel shall mail any Settlement Class Member his or her Settlement Award check checks if he or she contacts Class Counsel or the Settlement Administrator and provides a correct mailing address within ninety one hundred twenty (90120) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class membermember about the Settlement Awards, Defendants JBS shall instruct the member to contact Class Counsel. Should any Settlement Class Member contact Class Counsel or the Settlement Administrator to report that his or Class Counsel. No later than one hundred twenty her check has been lost or damaged within ninety (12090) days after the initial distribution of the Settlement Award checks, JBS will reissue and resend that Settlement Class Member’s check one time.
o. No later than ninety (90) days after the initial distribution of the Settlement Administrator Award checks, JBS shall provide both Parties Class Counsel with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated deposited or cashed by that time. At this same time, the Settlement Administrator shall also provide Defendants with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or any checks mailed to Settlement Class Members have not been negotiated deposited or cashed within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered unclaimed property and deemed Residual FundsFunds for the purposes of this Settlement. The Settlement Administrator JBS shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% Washington. Any failure to deposit or cash any such Settlement Award checks within the Unemployment Law Projectdeadline set forth above will not abrogate or affect that Settlement Class Member’s waiver or release of the Released Claims under this Settlement.
m. p. If the Superior District Court does not enter an Order preliminarily or finally approving the SettlementSettlement in all material respects of this Agreement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed, while reserving the right to attempt to cooperatively make such changes, which may be required by the District Court or agreed to by the Parties. In the event an appeal is filed from the Superior District Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding payment pursuant to the Agreement by Defendant and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review, and the Parties shall not be obligated to take any other actions required by this Agreement until all appeal rights have been exhausted by operation of law. An award by the Court of a lesser amount than sought for the Service Award, Settlement Administration Expenses Award, Attorneys’ Fees and Costs Award will not constitute a material modification to the Settlement within the meaning of this paragraph.
q. In the event this Agreement is null and void, the Parties will each be responsible to pay the Settlement Administrator one-half (50%) of the costs actually incurred by the Settlement Administrator. CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE - 12
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order preliminarily certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants Defendant with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five one (51) court days day before the motion is filed. Plaintiff Class Counsel agrees to consider in good faith all comments of Defendants Defendant on the draft. Defendants Defendant will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty (2) Within twenty-one (2130) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mail.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than twenty of twenty-one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section IV.7.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorney’s Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five two (52) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for Precision Door shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants Precision Door also will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by Precision Door upon the latter of two (2) business days after the Effective Date or within two (2) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants Precision Door pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that Precision Door’s funding of the QSF is due, Precision Door shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within five (5) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award checks within fourteen to the respective recipients thereof. Within ten (1410) business days of after the Effective DateMaximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, withhold and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant Precision Door for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants Defendant shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants Defendant with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsDefendant. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the Settlement Award checks, such funds shall residuals created by those uncashed or undeliverable settlement checks will be considered Residual Funds. The Settlement Administrator shall deliver distributed fifty percent (50% of these Residual Funds %) to the Legal Foundation of Washington and fifty percent (50% %) to the Unemployment Law ProjectFair Work Center. There will be no reversion to Defendant. Defendant will not receive funds from any uncashed or undeliverable checks.
m. l. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement ClassClasses, notifying the members of the Proposed ClassClasses, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. If it hasn’t already, Class Counsel shall file a motion with the Superior Court to be heard on March 29, 2024, or the earliest date thereafter the Superior Court has available, to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants Xxxxxxx with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five three (53) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants Xxxxxxx on the draft. Defendants Xxxxxxx will not oppose the Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within Forty (2) Within twenty-one (2140) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailmail and email.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class A Members and/or Settlement Class B Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also list an estimated Settlement Award and advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Awardit.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section VI.7.c., above, Class Counsel must shall file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight one (2821) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. Class Counsel shall provide Xxxxxxx with a draft of the proposed motion for final approval, supporting declarations, and proposed Order of Final Judgment for review and comment at least five (5) days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Xxxxxxx on the draft documents. If the Superior Court finally approves grants its final approval of the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a the Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing continued jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five ten (510) business days after the Effective DateDate or September 15, Defendants will issue and mail to Class Counsel checks for 2024, whichever is later, Westbay shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants Westbay pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that Xxxxxxx’x funding of the QSF is due, Westbay shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Settlement Administrator shall issue Settlement Award checks within fourteen Within three (143) business days of after the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Maximum Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check for wages and one check for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authorities, all federal, Washington state, and local withholding taxes from each check for wages, and shall issue appropriate IRS Forms W-2 for each check for wages. The non-wages (penalties, enhancements, and prejudgment interest) check shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred Amount is deposited into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checksQSF, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members wire transfer or issue and which, if any, mail checks to Settlement Class Members have not been negotiated by that time. At this same timefor the pro rata portions Service and Full Release Award, the Settlement Administrator shall also provide Defendants with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement AwardsAdministration Expenses Award, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Attorneys’ Fees and Costs Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law Project.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and voidrespective recipients thereof. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.Within ten
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court (to be heard on December 22, 2023, or the earliest date thereafter the Superior Court has available) to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order preliminarily certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants the Company with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court business days before the motion is filed. Plaintiff Plaintiff’s counsel agrees to consider in good faith all comments of Defendants the Company on the draft. Defendants The Company will not oppose Plaintiff’s motion, so long as the motion Motion for preliminary approval Preliminary Approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
(2) Within twenty-one (21) calendar days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailmail and email (where addresses are known and reasonably available).
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such Any written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail or email a letter letter/response to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need to do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than twenty of twenty-one (21) calendar days after the Notice Deadline, or seven (7) calendar days following resolution of challenge as set forth in Section VI.8.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) business days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorneys’ fees, expenses, or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five twenty (520) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for the monies reflected in Company shall initiate a transfer of the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants The Company also will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by the Company twenty (20) business days after the Effective Date or twenty (20) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes to the Company, whichever is later. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) business days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants the Company pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that the Company’s funding of the QSF is due, the Company shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within three (3) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorneys’ Fees and Costs Award checks within fourteen to the respective recipients thereof. Within ten (1410) business days of after the Effective DateMaximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penaltiesliquidated and exemplary damages, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, withhold and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penaltiesliquidated and exemplary damages, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant the Company for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) calendar days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her their Settlement Award check if he or she contacts they contact the Settlement Administrator and provides a correct mailing address within ninety (90) business days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class membermember about the Settlement Award after Notice has been sent, Defendants the Company shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants the Company with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendantsthe Company. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the funds from those checks will be sent by the Settlement Award checks, such funds shall be considered Residual FundsAdministrator 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). The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law ProjectCompany will not receive funds from any uncashed checks.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties Parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving the Notice of Settlement to the Proposed Class, and setting a date for a Fairness Final Approval Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants HRG with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants HRG on the draft. Defendants HRG will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within forty (2) Within twenty-one (2140) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator send the Notice of Settlement to all Proposed Class Members by mail.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven (7) days following resolution of challenge as set forth in Section VI.7.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlementSettlement, to provide the Court with copies of all written objections received from any Proposed Class member Member with copies of their envelopes, and to respond to any objections to the settlementSettlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight one (2821) days after the Notice Deadline, a Fairness Final Approval Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorneys’ fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five ten (510) business days after the Effective Date, Defendants HRG will issue and mail to Class Counsel checks for the monies reflected in the Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, Award and the Service Award. Within five ten (510) business days after the Effective Date, Defendants HRG shall also deposit the Class Fund and the Settlement Administration Expenses Award into the QSF. At that same time, Defendants HRG will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by HRG upon the latter of ten (10) business days after the Effective Date or within ten (10) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants HRG pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that HRG’s funding of the QSF is due, HRG shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Settlement Administrator shall issue Settlement Award checks within fourteen fifteen (1415) business days of the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant HRG for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class memberMember, Defendants HRG shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants HRG with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsHRG. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law ProjectWashington.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court (to be heard on the earliest date practicable when the Superior Court has availability) to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order preliminarily certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Final Approval Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants EOH with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants EOH on the draft. Defendants EOH will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty-five (2) Within twenty-one (2135) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mail.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section IV.7.c., above, Class Counsel must will file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlementSettlement, to provide the Court with copies of all written objections received from any Proposed Class member Member with copies of their envelopes, and to respond to any objections to the settlementSettlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) days after the Notice Deadline, a Fairness Final Approval Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorney’s Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five ten (510) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for EOH shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants EOH also will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by EOH upon the latter of ten (10) business days after the Effective Date or within five (5) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants EOH pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that EOH’s funding of the QSF is due, EOH shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within five (5) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award checks within fourteen to the respective recipients thereof. Within ten (1410) business days of after the Effective DateMaximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant EOH for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class memberMember, Defendants EOH shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants EOH with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsEOH. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the funds from those checks will be sent by the Settlement Award checks, such funds shall be considered Residual Funds. The Administrator in the corresponding Settlement Administrator shall deliver 50% of these Residual Funds Class Member's name to the Legal Foundation Unclaimed Property Fund for the State of Washington and 50% pursuant to the Unemployment Law ProjectUnclaimed Property Act (RCW 63.29 et seq). EOH will not receive funds from any uncashed checks.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court (to be heard on December 15, 2023, or the earliest date thereafter the Superior Court has available) to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order preliminarily certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants the Company with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court business days before the motion is filed. Plaintiff Plaintiff’s counsel agrees to consider in good faith all comments of Defendants the Company on the draft. Defendants The Company will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
(2) Within twenty-one (21) calendar days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailmail and email (where addresses are known and reasonably available).
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail or email a letter letter/response to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need to do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than twenty of twenty-one (21) calendar days after the Notice Deadline, or seven (7) calendar days following resolution of challenge as set forth in Section VI.7.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) business days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorneys’ fees, expenses, or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five twenty (520) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for the monies reflected in Company shall initiate a transfer of the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants The Company also will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by the Company twenty (20) business days after the Effective Date or twenty (20) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes to the Company, whichever is later. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) business days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants the Company pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that the Company’s funding of the QSF is due, the Company shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within three (3) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorneys’ Fees and Costs Award checks within fourteen to the respective recipients thereof. Within ten (1410) business days of after the Effective DateMaximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penaltiesliquidated and exemplary damages, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, withhold and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penaltiesliquidated and exemplary damages, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant the Company for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) calendar days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her their Settlement Award check if he or she contacts they contact the Settlement Administrator and provides a correct mailing address within ninety (90) business days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class membermember about the Settlement Award after Notice has been sent, Defendants the Company shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants the Company with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendantsthe Company. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the funds from those checks will be sent by the Settlement Award checks, such funds shall be considered Residual FundsAdministrator 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). The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law ProjectCompany will not receive funds from any uncashed checks.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties Parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants on the draft. Defendants will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty (2) Within twenty-one (2130) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator send the Notice of Settlement to all Proposed Class Members by mail.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same. Established Moving shall provide the Settlement Administrator or Class Counsel with email information for such Proposed Class Members upon request, to the extent such information is reasonably available.
f. No Within the later than twenty one of thirty (2130) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section IV, para. 7(c) supra, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight fifty (2850) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to each of the PlaintiffNamed Plaintiffs. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorneys’ fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five twenty (520) business days after the Effective Date, Defendants Established Moving will issue and mail to Class Counsel checks for the monies reflected in the Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the each Service Award. Within five twenty (520) business days after the Effective Date, Defendants Established Moving shall also deposit the Class Fund into the QSF. At that same time, Defendants will also transfer into the QSF an amount equal deliver to the estimated employer share of Settlement Administrator the payroll taxes required on checks for the W-2 payments made to Settlement Awards for each Settlement Class Members (including employerMember. Until the date that Established Moving’s share delivery of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by checks for Settlement Awards is due to the Settlement Administrator. Thereafter, if there is any dispute relating Established Moving shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants pending the issuance of the Settlement Awards to Settlement Class Memberscheck delivery deadline.
j. The Settlement Administrator shall issue mail the Settlement Award checks to the Settlement Class Members within fourteen twenty (1420) business days of the Effective Date, and mail receipt of the same, along with the any attendant Forms W-2 and 1099 to each Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check for wages and one check for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authorities, all federal, Washington state, and local withholding taxes from each check for wages, and shall issue appropriate IRS Forms W-2 for each check for wages. The non-wages (penalties, enhancements, and prejudgment interest) check shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued delivered by the Settlement Administrator. Using the funds transferred into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirementsEstablished Moving.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues mails the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, Established Movingshall provide Class Counsel and the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator Established Moving shall deliver 50% of these issue a check for those Residual Funds to the Legal Foundation of Washington and 50% shall deliver that check to Class Counsel, for delivery to the Unemployment Law ProjectLegal Foundation of Washington.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants Sea Mar with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants Sea Mar on the draft. Defendants Sea Mar will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty-five (2) Within twenty-one (2135) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator send the Notice of Settlement to all Proposed Class Members by mailmail and email.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section IV.7.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorney’s Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five (5) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for Sea Mar shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants Sea Mar will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by Sea Mar upon the latter of five (5) business days after the Effective Date or within five (5) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants Sea Mar pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that Sea Mar’s funding of the QSF is due, Sea Mar shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Within three (3) business days after the Maximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail checks for the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award checks within fourteen to the respective recipients thereof. Within ten (1410) business days of after the Effective DateMaximum Settlement Amount is deposited into the QSF, the Settlement Administrator shall issue and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant Sea Mar for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants Sea Mar shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants Sea Mar with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or Sea Mar. If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the funds from those checks will sent in the corresponding Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator shall deliver 50% of these Residual Funds Class Member’s name to the Legal Foundation Unclaimed Property Fund for the State of Washington and 50% to the Unemployment Law ProjectWashington. Sea Mar will not receive funds from any uncashed checks.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving the Notice of Settlement to the Proposed Class, and setting a date for a Fairness Final Approval Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants Xxxx’s Flying Aces with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants Xxxx’s Flying Aces on the draft. Defendants Xxxx’s Flying Aces will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within forty (2) Within twenty-one (2140) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator send sends the Notice of Settlement to all Proposed Class Members by mail.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven (7) days following resolution of challenge as set forth in Section VI.7.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlementSettlement, to provide the Court with copies of all written objections received from any Proposed Class member Member with copies of their envelopes, and to respond to any objections to the settlementSettlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight one (2821) days after the Notice Deadline, a Fairness Final Approval Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorneys’ fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five ten (510) business days after the Effective Date, Defendants will issue and mail to Class Counsel checks for the monies reflected in the Attorney Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants Xxxx’s Flying Aces shall also deposit the Class Fund Maximum Settlement Amount into the QSF. At that same time, Defendants Xxxx’s Flying Aces will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by Xxxx’s Flying Aces upon the latter of ten (10) business days after the Effective Date or within ten (10) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants Xxxx’s Flying Aces pending the issuance of the Service Award, the Settlement Awards Administration Expenses Award, the Attorneys’ Fees and Costs Award, and the Settlement Awards. Until the date that Xxxx’s Flying Aces’ funding of the QSF is due, Xxxx’s Flying Aces shall have sole and complete control over all such funds and shall have no obligation to Settlement Class Memberssegregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Settlement Administrator shall issue checks for the Service Award, the Settlement Award checks Administration Expenses Award, the Attorneys’ Fees and Costs Award, and the Settlement Awards within fourteen fifteen (1415) business days of the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant Xxxx’s Flying Aces for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class memberMember, Defendants Xxxx’s Flying Aces shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants Xxxx’s Flying Aces with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsXxxx’s Flying Aces. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. The sent by the Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation State of Washington and 50% with the associated name of the Settlement Class Member pursuant to the Unemployment Law ProjectWashington’s Unclaimed Property Act (RCW 63.29, et seq.).
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court (to be heard on August 18, 2023, or the earliest mutually agreeable date thereafter the Superior Court has available) to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants The Company with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five seven (57) court days before the motion is filed. Plaintiff agrees Plaintiffs agree to consider in good faith all comments of Defendants The Company on the draft. Defendants The Company will not oppose Plaintiff’s Plaintiffs’ motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within Forty (2) Within twenty-one (2140) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailmail and email.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) calendar days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section IV.8.c., above, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight (28) days after the Notice DeadlineDecember 29, 2023, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorney’s Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award and Full Release Awards to the PlaintiffPlaintiffs. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, expenses or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing continued jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five (5) business days after The Company shall initiate a transfer of the Effective Date, Defendants will issue and mail to Class Counsel checks for the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund into the QSF. At that same time, Defendants will also transfer Amount into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments no later than February 7, 2024. Such payment shall be made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxesCompany or its authorized representatives. The QSF will hold all funds transferred by Defendants the Company pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that the Company’s funding of the QSF is due, The Company shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline. To the extent the Company fails to meet this deadline, Plaintiffs agree to provide two weeks’ notice of any action or collection of the Maximum Settlement Amount.
j. The Settlement Administrator shall issue Settlement Award checks within fourteen Within three (143) business days of after the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Maximum Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check for wages and one check for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authorities, all federal, Washington state, and local withholding taxes from each check for wages, and shall issue appropriate IRS Forms W-2 for each check for wages. The non-wages (penalties, enhancements, and prejudgment interest) check shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred Amount is deposited into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checksQSF, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members issue and whichmail checks or effectuate wire transfers for the Service Awards, if any, checks to Settlement Class Members have not been negotiated by that time. At this same timeFull Release Awards, the Settlement Administrator shall also provide Defendants with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement AwardsAdministration Expenses Award, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Attorney’s Fees and Costs Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law Project.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and voidrespective recipients thereof. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.Within ten
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. If it hasn’t already, Class Counsel shall file a motion with the Superior Court to be heard on April 30, 2024, or the earliest date thereafter the Superior Court has available, to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants Nippon with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants Nippon on the draft. Defendants Nippon will not oppose the Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within Forty (2) Within twenty-one (2140) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailmail and email.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also list an estimated Settlement Award and advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Awardit.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than twenty of twenty-one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section IV.7.c., above, Class Counsel must shall file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight thirty (2830) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. Class Counsel shall provide Nippon with a draft of the proposed motion for final approval, supporting declarations, and proposed Order of Final Judgment for review and comment at least five (5) days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Nippon on the draft documents. If the Superior Court finally approves grants its final approval of the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a the Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing continued jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five (5) business days after The transfer of the Effective Date, Defendants will issue and mail to Class Counsel checks for the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants Amount shall also deposit the Class Fund into the QSF. At that same time, Defendants will also transfer be made into the QSF an amount equal to by Nippon no later than 5 business days following the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxeseffective date. The QSF will hold all funds transferred by Defendants Nippon pending the issuance of the Settlement Awards to Settlement Class Members.
j. The Within three (3) business days after each installment is deposited into the QSF, the Settlement Administrator shall wire transfer or issue and mail checks for the pro rata portions Service and Full Release Award, the Settlement Administration Expenses Award, and the Attorneys’ Fees and Costs Award to the respective recipients thereof. Within ten (10) business days after each installment is deposited into the QSF, the Settlement Administrator shall issue Settlement Award checks within fourteen (14) business days of the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class MemberAward checks. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, withhold and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 Form1099 (marked “Other Income”) issued by the Settlement Administrator. Using From the funds transferred into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 paymentsQSF, the Settlement Administrator will also calculate and pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants Nippon shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants Nippon with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by DefendantsNippon. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or If any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty twenty (180120) days after distribution of distribution, the funds from those checks will be sent by the Settlement Award checks, such funds shall be considered Residual Funds. The Administrator in the corresponding Settlement Administrator shall deliver 50% of these Residual Funds Class Member's name to the Legal Foundation Unclaimed Property Fund for the State of Washington and 50% pursuant to the Unemployment Law ProjectUnclaimed Property Act (RCW 63.29 et seq). Nippon will not receive funds from any uncashed checks.
m. l. If the Superior Court does not enter an Order preliminarily grant preliminary or finally approving final approval of the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. If it hasn’t already, Class Counsel shall file a motion with the Superior Court to be heard on April 26, 2024, or the earliest date thereafter the Superior Court has available, to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants Xxxxxx’x with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five three (53) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants Xxxxxx’x on the draft. Defendants Xxxxxx’x will not oppose the Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within Forty (2) Within twenty-one (2140) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator shall send the Notice of Settlement to all Proposed Class Members by mailmail and email.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also list an estimated Settlement Award and advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Awardit.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptraceskip trace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section VI.8.c., above, Class Counsel must shall file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight one (2821) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. Class Counsel shall provide Xxxxxx’x with a draft of the proposed motion for final approval, supporting declarations, and proposed Order of Final Judgment for review and comment at least five (5) days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Xxxxxx’x on the draft documents. If the Superior Court finally approves grants its final approval of the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a the Final Judgment dismissing the Case with prejudice and without an award of attorney attorney’s fees, expenses, or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing continued jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five ten (510) business days after the Effective DateDate or October 15, Defendants will issue and mail to Class Counsel checks for 2024, whichever is later, Xxxxxx’x shall initiate a transfer of the monies reflected in the Attorney Fees and Costs Award, the Maximum Settlement Administration Expenses Award, and the Service Award. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund Amount into the QSF. At that same time, Defendants will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants Xxxxxx’x pending the issuance of the Settlement Awards to Settlement Class Members. Until the date that Xxxxxx’x funding of the QSF is due, Xxxxxx’x shall have sole and complete control over all such funds and shall have no obligation to segregate such funds or to place them in escrow or to otherwise earmark them before the funding deadline.
j. The Settlement Administrator shall issue Settlement Award checks within fourteen Within three (143) business days of after the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Maximum Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check for wages and one check for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authorities, all federal, Washington state, and local withholding taxes from each check for wages, and shall issue appropriate IRS Forms W-2 for each check for wages. The non-wages (penalties, enhancements, and prejudgment interest) check shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred Amount is deposited into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checksQSF, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members wire transfer or issue and which, if any, mail checks to Settlement Class Members have not been negotiated by that time. At this same timefor the pro rata portions Service and Full Release Award, the Settlement Administrator shall also provide Defendants with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement AwardsAdministration Expenses Award, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Attorneys’ Fees and Costs Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law Project.
m. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and voidrespective recipients thereof. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.Within ten
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, SETTLEMENT AGREEMENT - 6 4893-4052-8260.7 / 108226-1001 obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement Agreement, in the form of proposed order attached hereto as Exhibit B (the “Preliminary Preliminary Approval Order”Order). Class Counsel shall provide Defendants with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all comments of Defendants on the draft. Defendants will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s Courts approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty (2) Within twenty-one (2130) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator will send the Notice of Settlement to all Proposed Class Members by mailmail and email.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter Request on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out of or object to the Settlement or to appeal from the Superior Court’s Courts Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” skip trace search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be maderequired. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means SETTLEMENT AGREEMENT - 7 4893-4052-8260.7 / 108226-1001 if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s Members request for the same.
f. No Within the later than twenty one of thirty (2130) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section III.6(c) supra, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopesmember, and to respond to any objections to the settlement., and to seek entry of a Final Approval Order in the form of proposed order attached hereto as Exhibit C.
g. Subject to the Superior Court’s Courts availability and direction but no sooner than twenty-eight (28) days after the Notice Deadline, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Counsels Attorneys Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to each of the PlaintiffNamed Plaintiffs. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorneys fees, expenses, or costs to any Party except as provided herein.
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five twenty (520) business days after the Effective Datereceipt of all funds, Defendants the Settlement Administrator will issue and mail to Class Counsel checks for the monies reflected in the Attorney court- approved Attorneys Fees and Costs Award, Award and Service Awards. The Settlement Administrator will also issue a check to itself for the amount of the court-approved Settlement Administration Expenses Award, and the Service Award. .
j. Within five twenty (520) business days after the Effective Date, Defendants shall also deposit the Class Fund into the QSF. At that same time, Defendants will also transfer into the QSF an amount equal to the estimated employer share receipt of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants pending the issuance of the Settlement Awards to Settlement Class Members.
j. The Settlement Administrator shall issue Settlement Award checks within fourteen (14) business days of the Effective Date, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check for wages and one check for non-wages (penalties, enhancements, and prejudgment interest). The Settlement Administrator shall withhold, and pay to the appropriate taxing authorities, all federal, Washington state, and local withholding taxes from each check for wages, and shall issue appropriate IRS Forms W-2 for each check for wages. The non-wages (penalties, enhancements, and prejudgment interest) check shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant for the employer share of the payroll taxes required on the W-2 paymentsfunds, the Settlement Administrator will also pay all of shall mail the required employer share of payroll taxes in connection with issuing the wage Settlement Award checks to the Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and along with any other employer-paid, federal, Washington state, and local requirementsattendant tax forms.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues mails the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s Courts jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” skip trace search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after SETTLEMENT AGREEMENT - 8 4893-4052-8260.7 / 108226-1001 the initial distribution of the Settlement Award checks. If contacted by a Settlement Class membermember concerning the settlement or payment under this Agreement, Defendants shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties Class Counsel with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed or checks have not been negotiated by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. .
m. The Settlement Administrator shall deliver 50% of these issue a check for those Residual Funds to the Legal Foundation Washington State Department of Washington and 50% Revenues Unclaimed Property program. No portion of the Settlement Amount will revert to the Unemployment Law ProjectDefendants.
m. n. If the Superior Court does not enter an Order order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Superior Court’s Courts Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review.
Appears in 1 contract
Samples: Settlement Agreement
Notice/Approval of Settlement Class Certification and Settlement Agreement. As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Settlement Class, notifying the members of the Proposed Class, obtaining final Superior Court approval of the Settlement, and implementing payment of Settlement Awards to Settlement Class Members:
a. Within 30 days of the execution of this agreement, Class Counsel shall file a motion with the Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement and authorizing the issuance of the Notice of Settlement to members of the Proposed Class.
b. For purposes of this Settlement, Class Counsel will ask the Superior Court to enter an order certifying the Settlement Class, preliminarily approving the Settlement and this Agreement, approving Notice of Settlement to the Proposed Class, and setting a date for a Fairness Hearing to determine whether the Court will grant final approval of the Settlement and this Agreement (the “Preliminary Approval Order”). Class Counsel shall provide Defendants with a draft of the proposed motion for preliminary approval and Preliminary Approval Order for review and comment at least five (5) court days before the motion is filed. Plaintiff agrees to consider in good faith all Defendants’ comments of Defendants on the draft. Defendants will not oppose Plaintiff’s motion, so long as the motion for preliminary approval and Preliminary Approval Order are in conformity with this Agreement.
c. Subject to the Superior Court’s approval, Notice of the Settlement shall be provided using the following procedures:
(1) Promptly upon receiving the Class Member Data and other data from Defendants, the Settlement Administrator shall update all addresses therein, using the National Change of Address database and/or any other generally accepted means of doing so.
Within thirty (2) Within twenty-one (2130) days of the date the Superior Court grants preliminary approval to the Settlement and issues its Preliminary Approval Order, the Settlement Administrator send the Notice of Settlement to all Proposed Class Members by mail.
(32) The Notice of Settlement shall provide that Proposed Class Members who do not opt out (i.e., who wish to become Settlement Class Members) and who wish SETTLEMENT AGREEMENT - 7 to object to the Settlement must submit to Class Counsel the Settlement Administrator a written statement objecting to the Settlement. Such written statement must be postmarked or delivered to Class Counsel the Settlement Administrator on or before the Notice Deadline.
(43) The Notice of Settlement shall also provide that Proposed Class Members who wish to exclude themselves (i.e., opt out) from the Settlement must mail a letter to Class Counsel the Settlement Administrator requesting exclusion from the Settlement on or before the Notice Deadline. Proposed Class Members who fail to submit a valid and timely Exclusion Letter on or before the Notice Deadline shall be deemed Settlement Class Members and shall be bound by all terms of the Settlement and any Final Judgment entered in this Case if the Settlement is approved by the Superior Court, regardless of whether they have objected to the Settlement.
(54) The Notice of Settlement shall also advise Settlement Class Members that they need do nothing (other than not affirmatively opt out) in order to receive a Settlement Award.
d. The Parties agree that neither they nor their counsel will solicit or otherwise encourage any of the Proposed Class Members to opt out or object to the Settlement or to appeal from the Superior Court’s Final Judgment approving the Settlement.
e. Should any Notice of Settlement be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall make a second attempt at mailing the Notice of Settlement. If such Notice of Settlement is again returned as undeliverable, no further attempts at delivery of the Notice of Settlement are required to be made. Notwithstanding the foregoing, the Settlement Administrator or Class Counsel may mail or email a Notice of Settlement and/or Exclusion Form to a Proposed Class Member at an address or email address obtained by other means if the Notice of Settlement is returned as undeliverable or upon the Proposed Class Member’s request for the same. Defendants shall provide the Settlement Administrator or Class Counsel with email information for such Proposed Class Members upon request, to the extent such information is reasonably available.
f. No Within the later than of twenty one (21) days after the Notice Deadline, or seven days following resolution of challenge as set forth in Section VI, para. 7(c) supra, Class Counsel must file with the Superior Court a motion for supplemental memorandum in support of final approval of the Settlement to inform the Court of any Proposed Class Members who have opted out of the settlement, to provide the Court with copies of all written objections received from any Proposed Class member with copies of their envelopes, and to respond to any objections to the settlement.
g. Subject to the Superior Court’s availability and direction but no sooner than twenty-eight (28) days after the Notice Deadlineavailability, a Fairness Hearing shall be held for the Superior Court to determine whether to grant final approval of the Settlement, including Class Counsel’s Attorney Attorneys’ Fees and Costs Award, the Settlement Administration Expenses Award, and the Service Award to the Plaintiff. If the Superior Court finally approves the Settlement, the Parties will promptly and jointly ask the Superior Court to enter a Final Judgment dismissing the Case with prejudice and without an award of attorney attorneys’ fees, expenses, expenses or costs to any Party except as provided herein.. SETTLEMENT AGREEMENT - 8
h. After entry of the Final Judgment, and subject to Rule 7.2 of the Washington Rules of Appellate Procedure, the Superior Court shall have continuing jurisdiction solely for the purposes of enforcement of the Settlement Agreement and addressing (a) settlement administration matters, and (b) such post-Final Judgment matters as may be appropriate under Court rules.
i. Within five (5) business days after the Effective Date, Defendants will issue and mail payment to Class Counsel checks for the monies reflected in the Attorney Fees and Costs Award, the Settlement Administration Expenses Award, and the Service AwardAdministrator consistent with this agreement. Within five (5) business days after the Effective Date, Defendants shall also deposit the Class Fund into the QSF. At that same time, Defendants will also transfer into the QSF an amount equal to the estimated employer share of the payroll taxes required on the W-2 payments made to Settlement Class Members (including employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, or local requirements) as estimated by the Settlement Administrator. Such payment shall be made by Defendants upon the latter of five (5) business days after the Effective Date or within five (5) business days after the Settlement Administrator provides its estimate of the employer-side payroll taxes. Thereafter, if there is any dispute relating to the amount needed for the employer share of required payroll taxes, the Parties and Settlement Administrator shall confer within five (5) days in an attempt to resolve this dispute. In the event they are unable to reach resolution of any such dispute, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the amount required for the employer share of payroll taxes. The QSF will hold all funds transferred by Defendants pending the issuance of the Settlement Awards to Settlement Class Members.
j. The Settlement Administrator shall issue Settlement Award checks within fourteen (14) business days of receiving payment by Defendant of the Effective DateClass Fund and employer side taxes, and mail the same, along with the Forms W-2 and 1099 to each Settlement Class Member. There shall be two Settlement Award checks for each Settlement Class Member: one check Member shall include an amount for wages and one check a separate amount for non-wages (penalties, enhancements, and prejudgment interest)wages. The Settlement Administrator shall withhold, and pay to the appropriate taxing authoritiesauthority(ies), all federal, Washington state, and local withholding taxes from each check amount for wages, and shall issue appropriate IRS Forms W-2 for each check amount for wages. The non-wages (penalties, enhancements, and prejudgment interest) check amount shall not be subject to withholdings and shall be reported on an IRS Form 1099 (marked “Other Income”) issued by the Settlement Administrator. Using the funds transferred into the QSF by Defendant Defendants for the employer share of the payroll taxes required on the W-2 payments, the Settlement Administrator will also pay all of the required employer share of payroll taxes in connection with issuing the wage checks to Settlement Class Members, including the employer’s share of FICA, Medicare, FUTA (if applicable), and any other employer-paid, federal, Washington state, and local requirements.
k. No later than one hundred sixty (160) days after the Settlement Administrator issues the Settlement Award checks, Class Counsel shall file a Satisfaction of Judgment confirming that the payments required by the Final Judgment have been made and that no further actions are needed to comply with the Final Judgment. This shall terminate the Court’s jurisdiction over the Case.
l. Should any Settlement Award checks be returned as undeliverable without a forwarding address, the Settlement Administrator will perform a reasonable “skiptrace” search using the National Change of Address database to obtain an updated address and, if located, shall SETTLEMENT AGREEMENT - 9 make a second attempt at mailing the Settlement Award Check. The Settlement Administrator shall mail any Settlement Class Member his or her Settlement Award check if he or she contacts the Settlement Administrator and provides a correct mailing address within ninety (90) days after the initial distribution of the Settlement Award checks. If contacted by a Settlement Class member, Defendants shall instruct the member to contact the Settlement Administrator or Class Counsel. No later than one hundred twenty (120) days after the initial distribution of the Settlement Award checks, the Settlement Administrator shall provide both Parties with an accounting indicating which funds have been distributed to Settlement Class Members and which, if any, checks to Settlement Class Members have not been negotiated by that time. At this same time, the Settlement Administrator shall also provide Defendants with copies of all IRS Forms W-2 and IRS Forms 1099 documents issued in connection with the payment of the Settlement Awards, and any other tax documentations reasonably required by Defendants. In the event any QSF funds have not been distributed by one hundred twenty (120) days after the initial distribution of the Settlement Award checks, or any checks mailed to Settlement Class Members have not been negotiated within one hundred eighty (180) days after distribution of the Settlement Award checks, such funds shall be considered Residual Funds. The Settlement Administrator shall deliver 50% of these Residual Funds to the Legal Foundation of Washington and 50% to the Unemployment Law ProjectWashington.
m. No later than seven days after filing the Satisfaction of Judgment pursuant to section 9(k), Class Counsel shall arrange for the return to Defendants’ Counsel, or the permanent destruction, of the originals and all copies, excerpts and summaries of all documents produced in the Case or pursuant to sections 5(a) or 8(b) of this agreement containing time punch, payroll, address, telephone, email, and Social Security Number data about any prospective or actual Settlement Class Member. If Class Counsel elects to destroy these records then Class Counsel shall also, by this same deadline, confirm in writing to Defendants’ Counsel that all such records have been destroyed. Plaintiff’s Counsel may keep a copy of all data for archival purposes.
n. If the Superior Court does not enter an Order preliminarily or finally approving the Settlement, or if the Settlement does not become final for any other reason, this Agreement shall be null and void. In such case, the parties shall proceed in all respects as if this Agreement had not been executedexecuted (including, in Defendants’ case, the right to challenge the propriety of class certification). In the event an appeal is filed from the Superior Court’s Final Judgment, or from any other appellate review that is sought prior to the Effective Date, funding and administration of the Settlement shall be stayed pending final resolution of the appeal or any other form of appellate review. Should this Agreement become null and void pursuant to this section, neither it nor its related negotiations and effects will be of any force or effect or admissible in any subsequent proceedings and nothing in the Agreement will estop or otherwise limit any Party from asserting any claim or any defense in the Case or in any other proceeding.
o. Notwithstanding section 9(n), this Agreement is not contingent upon the Superior Court’s approval of either the Attorneys’ Fees and Costs Award or the Service Award. The failure of the Superior Court to approve either the Attorneys’ Fees and Costs Award or the Service Award, or the Superior Court’s modification of their amounts, will not affect the enforceability or finality of the remaining portions of this Agreement. SETTLEMENT AGREEMENT - 10
Appears in 1 contract
Samples: Settlement Agreement
