Participation in the Settlement. Settlement Class Members who wish to participate in the Settlement and to be eligible to receive a distribution from the Net Settlement Fund must complete and submit a Claim Form in accordance with the instructions contained therein. Unless the Court orders otherwise, all Claim Forms must be postmarked no later than one hundred twenty (120) calendar days after the Notice Date. Notwithstanding the foregoing, Lead Counsel may, at its discretion, accept for processing late Claims provided such acceptance does not delay the distribution of the Net Settlement Fund to the Settlement Class. By submitting a Claim, a person or entity shall be deemed to have submitted to the jurisdiction of the Court with respect to his, her or its Claim and the subject matter of the Settlement.
Participation in the Settlement. Settlement Class Members who wish to 2 participate in the Settlement and to be potentially eligible to receive a distribution from the Net 3 Settlement Fund must complete and submit a Claim Form in accordance with the instructions 4 contained therein. Unless the Court orders otherwise, all Claim Forms must be postmarked no 5 later than one hundred twenty (120) calendar days after the Notice Date. Notwithstanding the 6 foregoing, Lead Counsel may, at its discretion, accept for processing late Claims provided such 7 acceptance does not delay the distribution of the Net Settlement Fund to the Settlement Class. 8 By submitting a Claim, a person or entity shall be deemed to have submitted to the jurisdiction of 9 the Court with respect to his, her or its Claim and the subject matter of the Settlement.
Participation in the Settlement. Settlement Class Members who wish to participate in the Settlement and to be eligible to receive a distribution from the Net Settlement Fund must complete and submit a Claim Form in accordance with the instructions contained therein. Unless the Court orders otherwise, all Claim Forms must be postmarked no later than one hundred twenty (120) calendar days after the Notice Date. Notwithstanding the foregoing, Lead Counsel may, at its discretion, accept for processing late Claims provided such acceptance does not delay the distribution of the Net Settlement Fund to the Settlement Class. No person shall have any claim against Lead Plaintiffs, Plaintiffs’ Counsel, or the Claims Administrator by reason of the decision to exercise such discretion whether to accept late-submitted Claims.
Participation in the Settlement. Settlement Class Members who qualify for and wish to submit a Claim Form shall do so in accordance with the requirements and procedures specified in the Notice and the Claim Form and must do so within ninety (90) days after Notice is mailed to the Settlement Class Members. If a Final Approval Order and Judgment is entered, all Settlement Class Members who qualify for any benefit under the Settlement but fail to submit a claim in accordance with the requirements and procedures specified in the Notice and the Claim Form shall be forever barred from receiving any such benefit, but will in all other respects be subject to and bound by the provisions in the Settlement Agreement, the Release included in that Settlement Agreement, and the Final Approval Order and Judgment.
Participation in the Settlement. Settlement Class Members who wish 25 to participate in the Settlement and to be eligible to receive a distribution from the Net 26 Settlement Fund must complete and submit a Claim Form in accordance with the 27 instructions contained therein. Unless the Court orders otherwise, all Claim Forms 28 must be postmarked no later than one hundred twenty (120) calendar days after the 1 Notice Date. Notwithstanding the foregoing, Lead Counsel may, at its discretion, 2 accept for processing late Claims provided such acceptance does not delay the 3 distribution of the Net Settlement Fund to the Settlement Class. By submitting a 4 Claim, a person or entity shall be deemed to have submitted to the jurisdiction of the 5 Court with respect to his, her or its Claim and the subject matter of the Settlement.
Participation in the Settlement. 12. Can I exclude myself from the Settlement? No. If the Court approves the Settlement, it will do so under Federal Rule of Civil Procedure 23(b)(1), which does not permit Class Members to opt out of the Class. If the Court approves the Settlement, you will be bound by it and will receive whatever benefits you are entitled to under its terms. Therefore, you will be bound by any judgments or orders that are entered in this Action, and, if the Settlement is approved, you will be deemed to have released Defendants and certain related parties from any and all Plaintiffs’ Released Claims. Although you cannot opt out of the Settlement, you can object to the Settlement and ask the Court not to approve the Settlement. See the section entitled “How do I tell the Court that I don’t like the Settlement?” below.
Participation in the Settlement. All Members of the Settlement Class (except Persons who request exclusion pursuant to ¶12 below) shall be bound by all determinations and judgments in the Litigation concerning the Settlement, including, but not limited to, the releases provided for therein, whether favorable or unfavorable to the Settlement Class, regardless of whether such Persons seek or obtain by any means, including, without limitation, by submitting a Proof of Claim or any similar document, any distribution from the Settlement Fund or the Net Settlement Fund.
Participation in the Settlement. Class Members are deemed willing to participate in the Settlement unless they timely exclude themselves.
Participation in the Settlement. Class Members are not required to file claims to be eligible to receive an Individual Settlement Payment. All Participating Class Members shall be paid their Individual Settlement Payment unless they timely request exclusion from the Class pursuant to the procedures set forth herein. Individual Settlement Payment amounts shall be determined by the Settlement Administrator as follows: The Individual Settlement Payments will be proportionally based on the number of workweeks worked during the Class Period, as determined from Participating Class Members’ respective dates of employment (less any leaves of absence). The respective workweeks worked by each Participating Class Member during the Class Period will be divided by the total workweeks worked during the Class Period for all Participating Class Members, resulting in a “Payment Ratio” for each Participating Class Member. Each Participating Class Member’s Payment Ratio is then multiplied by the Net Settlement Amount to determine the proportionate allocation. Each Individual Settlement Payment will be reduced by any legally mandated employee tax withholdings (e.g., employee payroll taxes, etc.) for each Participating Class Member. Participating Class Members are not eligible to receive any compensation other than the Individual Settlement Payment from this Settlement.
Participation in the Settlement. Class Members are not required to file claims to be eligible to recover an Individual Settlement Payment as part of this Settlement. All Participating Class Members shall be paid their Individual Class Settlement Payment unless they timely request exclusion from the Class. “Individual Class Settlement Payment” amounts shall be determined by the Settlement Administrator as follows: The Individual Class Settlement Payments will be proportionally based on the number of workweeks worked during the Class Period. The respective workweeks worked by each Participating Class Member during the Class Period will be divided by the total workweeks worked during the Class Period for all Participating Class Members, resulting in a “Payment Ratio” for each Participating Class Member. Each Participating Class Member’s Payment Ratio is then multiplied by the Net Settlement Amount to determine the proportionate allocation. Each Individual Class Settlement Payment will be allocated as follows: twenty percent (20%) to wages, forty percent (40%) to interest, and forty percent (40%) to penalties, for each Participating Class Member.
