Allocation to Participating Class Members Sample Clauses

Allocation to Participating Class Members. 24 All Class Members other than those who timely and properly elect not to participate in the 25 Settlement will be bound by the Settlement and its release of claims (hereinafter, “Participating 26 Class Members”). Settlement Shares will be paid to each Participating Class Member, meaning 27 that settlement checks will be sent to all Participating Class Members, and no claim forms will be 28 required. All PAGA Group Members will receive a portion of the PAGA Payment regardless of 1 whether they opt out or previously opted out of the class.
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Allocation to Participating Class Members. The amount remaining 25 from the Gross Fund Value Amount after deducting the court-awarded reasonable attorney’s 26 fees and litigation costs, reasonable Claims Administration Costs, and reasonable Service 27 Award payment (the "Net Fund Value Amount") shall be distributed to members of the Class 28 in accordance with the formula set forth below in Section 5.06.c. Final Settlement Class 1 members are not eligible to receive any compensation other than the Individual Settlement 2 Payments discussed below.
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Allocation to Participating Class Members. A. All Class Members other than those who timely and properly elect not to participate in the Settlement will be bound by the Settlement and its release of claims (hereinafter, “Participating Class Members”). Settlement Payments will be made to each Participating Class Member, meaning that settlement checks will be sent to all Participating Class Members, and no claim forms will be required. All PAGA Group Members will receive a portion of the PAGA Payment regardless of whether they opt out or previously opted out of the class. B. After deducting the amounts for the PAGA Payment, Plaintiffs’ Class Representative Service Award Payments (if any are awarded by the Court), Class Counsel’s Attorneys’ Fees and Expenses, and the Settlement Administrator’s fees and expenses, the remainder of the Settlement Amount (the “Net Settlement Fund”) will be allocated to each Participating Class Member pursuant to the Plan of Allocation set forth in paragraph D below. C. Plaintiffs’ labor economist, Dr. ▇▇▇▇▇ ▇▇▇▇▇▇▇, will calculate the Settlement Payment of each Participating Class Member using the formulas set forth in the Plan of Allocation in paragraph D below, provide preliminary allocation data for the Class Notice to the Settlement Administrator on the schedule set forth in the Settlement Agreement, and after final approval provide a final allocation on the schedule set forth in the Settlement Agreement. D. Plaintiffs’ labor economist, ▇▇. ▇▇▇▇▇▇▇, used the statistical model that he prepared for trial in this action, which is substantially the same as the model he presented in conjunction with Plaintiffs’ motion for class certification to estimate the difference in pay alleged by Plaintiffs, with separate estimates for the EPA Class and the FEHA Settlement Class (which is certified only for settlement purposes). Defendants contend there is no pay shortfall at all, and dispute that ▇▇. ▇▇▇▇▇▇▇’▇ model accurately analyzes and compares the pay of comparable male and female employees, but have agreed to use this model for the calculation of settlement payments only. The allocation will be based on these figures, and proceed as follows: 1. Allocate $200 minimum to each Participating Class Member (only one minimum payment, even if someone is a member of both classes). Deduct the total of those minimum payments from the Net Settlement Fund, and allocate the remainder as set forth below. 2. For each Participating Class Member in the EPA Class, calculate the dollar value of ▇...
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Related to Allocation to Participating Class Members

  • To Each Participating Class Member An Individual Class Payment calculated by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members during the Class Period and (b) multiplying the result by each Participating Class Member’s Workweeks.

  • Notice to Class Members 7.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice with Spanish translation, if applicable substantially in the form attached to this Agreement as Exhibit A. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database. 7.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address, the Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Class Members whose Class Notice is returned by the USPS a second time. 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice. 7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith in an effort to agree on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.

  • Effect of Non-Participating Class Members on Calculation of Individual Class Payments Non-Participating Class Members will not receive any Individual Class Payments. The Administrator will retain amounts equal to their Individual Class Payments in the Net Settlement Amount for distribution to Participating Class Members on a pro rata basis.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

  • Class Certification Solely for the purposes of this Settlement, the Parties stipulate and agree to certification of the claims asserted on behalf of Class Members. As such, the Parties stipulate and agree that in order for this Settlement to occur, the Court must certify the Class as defined in this Agreement.