Settlement Classes. The Class Plaintiffs will seek, and the Defendants will not oppose, the Court’s certification of two settlement classes for settlement purposes only, defined as follows.
Settlement Classes a. Based on all of the files, records, and proceedings in the Litigation, including the above Recitals, Plaintiffs will seek, and Defendants agree not to oppose, approval and certification of two settlement classes (the “Maltreatment Report Settlement Class” and the “Special Relationship Settlement Class,” or collectively, the “Settlement Classes”) under Federal Rule of Civil Procedure 23(b)(2) defined as follows:
Settlement Classes. Settlement Class Members must check the Class Settlement Website regularly for updates and further details regarding extensions of these deadlines.
Settlement Classes. The Court conditionally certifies, for settlement purposes only 15 (and for no other purpose and with no other effect upon the Action, including no effect upon the 16 Action should the Agreement not receive Final Approval or should the Effective Date not occur),
Settlement Classes. The Parties agree that, solely for purposes of this Settlement, this Action should be certified and proceed as a class action under Federal Rule of Civil Procedure 23(b)(3) for settlement purposes only. Class Counsel shall serve as counsel for the Settlement Classes. Should Preliminary or Final Approval be denied, or the Settlement otherwise be invalidated or terminated, Bumble reserves all rights to challenge class certification and Plaintiffs agree not to use the fact of the Settlement or any aspect of the negotiation of the Settlement to argue in favor of class certification.
Settlement Classes. “Settlement Classes” refers to the Damages Class and Injunctive Relief Class.
Settlement Classes. (a) Solely for Settlement purposes, the Parties agree to seek conditional certification by the Court of the Federal Settlement Class as a collective action pursuant to 29 U.S.C. § 216(b), and of the State Settlement Class as a Rule 23 class. Each of the Settlement Classes and applicable statutes of limitations periods is defined below.
(b) The State Settlement Class includes all Assistant Store Managers and Co- Managers employed by Rite Aid as follows:
(i) Alabama: all Assistant Store Managers and Co-Managers employed within the two year period preceding the filing of the Second Amended Complaint through the Effective Date.
(ii) Colorado: all Assistant Store Managers and Co-Managers employed within the three year period preceding the filing of the Second Amended Complaint through the Effective Date.
(iii) Connecticut: all Assistant Store Managers and Co-Managers employed within the two year period preceding the filing of the Second Amended Complaint through the Effective Date.
(iv) Delaware: all Assistant Store Managers and Co-Managers employed within the one year period preceding the filing of the Second Amended Complaint through the Effective Date.
(v) District of Columbia: all Assistant Store Managers and Co-Managers employed within the three year period preceding the filing of the Second Amended Complaint through the Effective Date.
(vi) Georgia: all Assistant Store Managers and Co-Managers employed within the three year period preceding the filing of the Second Amended Complaint through the Effective Date. SETTLEMENT AGREEMENT (vii) Idaho: all Assistant Store Managers and Co-Managers employed within the two year period preceding the filing of the Second Amended Complaint through the Effective Date.
Settlement Classes. (a) The FLSA Collective consists of all Named Plaintiffs and Opt-In Plaintiffs who filed or submitted opt-in Consents. The FLSA Collective, combined with those State Settlement Class members who timely submit a Claim form to opt-in and receive payment on their FLSA claim, together constitute the “FLSA Settlement Collective.”
(b) The State Settlement Class consists of the individuals reflected in the final AMC002030 spreadsheet produced by Academy prior to mediation, who were paid during any applicable Claim Periods in the manner covered by the Claim in the states of Arizona, California, Colorado, Idaho, Illinois, Maryland, Ohio, and Washington, unless removed from the State Settlement Class by timely filing a request for exclusion from the Settlement in compliance with this Agreement, for the Claim from the applicable State Class Start Date through the end of the Claims Period as applicable for each item addressed therein (each state identified in this subsection a “State Class,” each member of a State Class a “State Settlement Class member,” and collectively the “State Settlement Classes”).
(c) In the event that, for any reason, the Court does not enter a Final Approval Order or the Effective Date cannot occur, the Court’s certification of the State Settlement Classes shall be void, of no effect, and shall not be used for any purpose whatsoever in any further proceeding(s) in the above-referenced lawsuit or in any other lawsuit asserting the same or similar claims and causes of action, and the parties will be returned to their respective positions nunc pro tunc as of the Settlement Date, the date on which they reached an agreement in principle to settle this Action, with the State Settlement Classes members’ applicable statutes of limitations tolled as provided by the Tolling Agreement. In such event, the Parties recognize and agree that no statements made in any of the filings related to this settlement shall be cited or referenced in any future filing (whether expressly identified as an admission or for any other reason) related to class certification, as all such statements are made solely for the purpose of settlement and no party should be disadvantaged by any statement(s) made therein.
(d) An individual who is a member of the FLSA Settlement Collective or the State Settlement Classes is referred to herein as a “Participating Class Member.”
Settlement Classes. (a) The Federal Class shall include all individuals who have filed consents to join the Action (including without limitation all individuals who timely return a valid Claim Form containing a consent to join the Action) and who worked for CTS as a Department Manager in any state in the United States within the three years prior to the date that the Court grants preliminary approval of the Settlement and who, as Department Managers, were classified as exempt by CTS. The Federal Class Period shall run until the date of such preliminary approval.
(b) The State Class shall include all individuals employed as Department Managers for CTS during the time periods specified below and who, as Department Managers, were classified as exempt by CTS. The State Class Periods shall run until the date of preliminary approval.
i. In Alabama, Connecticut, Delaware, Georgia, Indiana, Massachusetts, Michigan, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Vermont, and Virginia, at any time from three (3) years prior to the filing of the Amended Complaint, through the date that the Court grants preliminary approval of the Settlement.
ii. In Maryland at any time from three years and two weeks (158 weeks) years prior to the filing of the Amended Complaint, through the date that the Court grants preliminary approval of the Settlement.
iii. In Florida and Kentucky at any time from five (5) years prior to the filing of the Amended Complaint, through the date that the Court grants preliminary approval of the Settlement.
iv. In Maine, at any time from six (6) years prior to the filing of the Amended Complaint, through the date that the Court grants preliminary approval of the Settlement.
v. In New York, at any time from six (6) years prior to February 21, 2012, through the date that the Court grants preliminary approval of the Settlement.
(c) In the event that, for any reason, the Court does not enter a Final Approval Order or the Effective Date cannot occur, the Court’s certification of the Settlement Classes, including the two classes listed above, shall be void and of no effect, and shall not be used for any purpose whatsoever in any further proceeding(s) in any of the above-referenced lawsuits or in any other lawsuit asserting the same or similar claims and causes of action and the Parties will be returned to their respective positions nunc pro tunc as of May 30, 2013, the date on which they reached an agreement in principle to s...
Settlement Classes. (a) The New York State Settlement Class includes the Settlement Class Representative and all exempt Store Managers employed by Rite Aid in the state of New York at any time from October 30, 2002 through Final Approval.
(b) The FLSA Settlement Class includes the Settlement Class Representative and all individuals who as of the date of this Agreement have filed consents to join this Action who worked at Rite Aid as Store Managers during the three-year period prior to the filing of their consent forms and who have not been previously dismissed from the Action.
