Overall Summary of Settlement Terms. Google will pay $11,000,000 to settle this case (the “Settlement Sum”). From that amount, payments will be made to: (1) each of the 234 Plaintiffs who return their signed Acknowledgement and Consent form within sixty (60) days; (2) Plaintiffs’ counsel, Kotchen & Low LLP and DVG Law Partner LLC, for attorneys’ fees and costs incurred in litigating this case ($2,750,000 or twenty-five percent (25%) of the Settlement Sum, plus their litigation costs and expenses); (3) the Settlement Administrator for administration costs (approximately $21,400); and (4) an incentive award to Plaintiff Fillekes for her participation in prosecuting and settling this action ($10,000). One-third of the amount anticipated to be available for distribution to Plaintiffs, $2,683,000, will be divided equally among those Plaintiffs who timely execute and submit an Acknowledgement and Consent form, or a minimum of approximately $11,465 (if every eligible Plaintiff participates). The remaining funds will be distributed to each eligible Plaintiff who suffered lost wages damages on a pro rata basis based on the estimated amount of his or her lost wages (as calculated by Plaintiffs’ counsel based on the information previously provided to them). The payments will be valid for ninety (90) days from original issuance. Payments will not be re-issued unless requests are received within the ninety (90) day period. If funds exceeding twenty-five thousand dollars ($25,000) remain in the Settlement Fund ninety (90) days after the settlement payments are made to Plaintiffs or after all re-issued payments have been deposited or voided, those funds (less reasonable administration costs for the Claims Administrator to issue the payments) will be distributed equally among the Plaintiffs who cashed their original payments in the settlement. If less than twenty-five thousand dollars ($25,000) remains in the Settlement Fund or if any funds remain in the Settlement Fund ninety (90) days after the second round of disbursements, the remaining funds will be donated to the AARP Foundation, and the Claims Administrator shall request that the donation be used to promote the employment of individuals over 40 years of age in technology jobs.
