Distribution to Class Members Sample Clauses

Distribution to Class Members. In addition to her share as a Participating Class Member, class representative ▇▇▇▇▇ ▇▇▇▇▇▇▇ will receive $20,000, subject to approval of the Court, to be paid from the Class Member Pool to compensate her for bringing this case, the time she spent on this case and her loss of privacy as a result of serving as the named Plaintiff. ▇▇. ▇▇▇▇▇▇▇ has worked closely with Plaintiffs’ counsel since late 2009 to change the policy at issue. Since the lawsuit was filed in September 2011, she has regularly provided counsel with information and has informed numerous Class Members and other witnesses about the lawsuit. She attended pretrial hearings including the summary judgment hearing, and she attended a mediation in Worcester with then-Magistrate Judge ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇. She answered interrogatories and document requests, many of which were of a highly personal nature, in painstaking detail. She spent many hours preparing for her deposition, which lasted for the full seven hours permitted under the Federal Rules. Although she was released from the WCC in 2011, the lawsuit has required her to continue to focus on painful memories of her time in jail. This payment will be issued at the same time as the distribution payments to Class Members.

Distribution to Class Members. (a) The Settlement Fund will be distributed to Class Members in accordance 7 with the Plan of Allocation.

Distribution to Class Members. 31. Named class representatives ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the first and originating plaintiff in this case) will receive $30,000.00, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ $20,000.00, ▇▇▇▇ ▇▇▇▇▇▇ $15,000.00, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ $15,000.00, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ $15,000.00, ▇▇▇▇▇ ▇▇▇▇▇▇ $15,000.00, and ▇▇▇▇▇ ▇▇▇▇▇ $10,000.00, in full and final settlement of all their claims against Defendants as well as for their service as named class representatives, including but not limited to surrendering their anonymity, bringing suit, submitting to discovery, and participating in and authorizing the settlement of this class action as set forth herein, all in complete satisfaction and discharge of their duties as named class representatives. Their checks shall issue within 30 days of entry of the Order approving this Agreement following the fairness hearing. 32. Class members will receive payment from the settlement funds that remain after deducting attorneys’ fees, litigation expenses, expenses of claims administration and payments to class representatives. 33. The Claims Administrator will calculate the amount of money due each class member by providing one share for every class member with an approved claim. The Claims Administrator will divide the amount remaining in the settlement fund (after the payments made as provided above) by the number of shares to determine the amount each participating class member will receive. Class members will receive only one payment no matter how many times they were admitted into and/or searched while incarcerated at the Jail during the class period. 34. Payments to class members shall not exceed $1500.00 except for the seven named Plaintiffs as set forth in ¶ 31 above. 35. Each class member’s check will be made payable only in his or her name or, upon the death of a class member, to the personal representative of the deceased class member’s estate upon filing an affidavit in compliance with the applicable statutory procedure for collection of personal property by affidavit of the rightful heir. The check will be mailed to the class member at their mailing address. Any change of address request must be made in writing and must be signed by the claimant. 36. If a participating class member is confined in a prison, hospital, or other institution and has provided the address of such institution for payment, the settlement check will be sent to an appropriate institutional address unless the class member makes other acceptable arrangements in writing with the Claims Administra...

Distribution to Class Members. After the Final Approval Order becomes Non-Appealable, the Settlement Fund will be distributed to Class Members pursuant to the Court-approved Plan of Allocation. The following payments will be made from the Settlement Fund prior to any distributions to Class Members: (a) any Taxes on the income or earnings by the Settlement Fund, any tax-related expenses, and the creation of any reserve for future expenses (as described above); (b) any expenses incurred in connection with the administration of the Settlement Fund. After deduction of the foregoing, the Settlement Fund will be distributed to the Class Members in accordance with the Plan of Allocation, and in amounts to each individual Class Member as directed by Class Counsel or the Settlement Administrator.

Distribution to Class Members. (A) Only Authorized Claimants as defined in Section 1.23 shall receive payment from the Qualified Settlement Fund, in an amount to be determined by the following formula and allocation mechanisms: (1) First, the Claims Administrator shall calculate the Net Settlement Payment in accordance with this Agreement by deducting Court- approved costs and fees, service awards and class administration fees from the Gross Settlement Amount.‌‌‌‌‌‌‌‌‌ (2) Second, all Class Members will be categorized by three job classifications and three periods of time in which they performed work, in accordance with the following: A. Three job classifications: (1) Class Members that performed work at the Javits Center and were paid directly by Defendants shall be identified as a “Centerplate Worker”, (2) Class Members that performed work at the Javits Center but were not paid directly by Defendants or were paid by third-party staffing agencies shall be identified as a “Temporary Worker”, and (3) Class Members that did not perform work at the Javits Center but worked at other Volume Services or Centerplate locations owned, operated, or managed by Defendants within New York State during the Relevant Period shall be deemed “Non-Javits Worker”. B. Three separate periods of time in which Class Members performed worked: (1) January 1, 2008 through December 31, 2010; (2) January 1, 2011 through December 31, 2016, and/or (3) January 1, 2017 through June 30, 2018. (3) Third, any Non-Javits Worker (“Non-Javits Claimant”) Authorized Claimant will be entitled to payment for each year he or she performed worked during the Relevant Period at a Non-Javits Center as follows: A. Centerplate Worker: Single payment of $100.00 for 1-3 years of employment; $150.00 for 4-6 years of employment; $200.00 for 4-6 years of employment. B. Temporary Worker: Flat payment of $50.00 regardless of years worked. C. The amount owed to Non-Javits Claimants will be deducted from the Net Settlement Payment to establish the Javits Allocation Gross Total. (4) Fourth, the Javits Allocation Gross Total shall be divided into six separate amounts (A-F) based on the following categories and percentages: (A) All Temporary Workers from Jan. 1, 2008 through Dec. 31, 2010 will be entitled to receive up to 45% of the Javits Allocation Gross Total; (B) All Temporary Workers from Jan. 1, 2011 through Dec. 31, 2016 will be entitled to receive up to 22.5% of the Javits Allocation Gross Total:‌‌‌‌‌‌‌‌‌ (C) All Temporary Workers from Jan. 1, 2017 through ...

Distribution to Class Members a. Defendants will pay, or cause to be paid, by wire transfer, to the Settlement Administrator, funds sufficient to cover the payment of all checks to all Settlement Class Members, into an account established by the Settlement Administrator (“Settlement Fund”), within ten (10) calendar days after the Effective Date. b. Payments will be distributed in the form of a check to each qualifying Settlement Class Member who did not validly and timely opt out of the Settlement Class. c. The Settlement Administrator shall begin making payments to Class Members who submit timely, valid, and approved Claims via first-class mail or electronic transfer no later than thirty (30) calendar days after the Effective Date. d. The Settlement Administrator shall have completed sending the payment to Class Members who have submitted timely, valid, and approved Claims no later than ninety (90) calendar days after the Effective Date. e. Class Members shall have one hundred and eighty (180) days from the date on which checks are mailed to negotiate their checks. Checks not negotiated within this one hundred and eighty (180) day period will expire on the first day after the period ends. f. If any such payment is returned by the U.S. Postal Service as undeliverable, or is not negotiated before it expires, neither Defendants, the Settlement Administrator, nor Class Counsel shall have any further obligations to any of the Class Members as to these payments, except that: i. For any check returned by the U.S. Postal Service with a forwarding address before the check’s expiration date, the Settlement Administrator will mail the check to the forwarding address; ii. If any of the Class Members contacts the Settlement Administrator or Class Counsel to request a replacement check, the Settlement Administrator will comply with that request by cancelling the initial check and issuing a replacement check, but the replacement check shall expire on the same date as the original check and the replacement check will state this on its face; and iii. It is the Parties’ intent to distribute the entirety of the Settlement Fund to Settlement Class Members. If, after distributing the funds from the Settlement Fund in accordance with Section IV.B, any cash remains in the Settlement Fund from uncashed checks, the funds will be distributed to National Consumer Law Center as a cy pres recipient as detailed in Section IV.B.3.g–h below. Under no circumstances shall any cash remaining in the Settlement Fund reve...

Distribution to Class Members. 1. Class counsel recommends to the Court that the Claims Administrator pay bonuses from the Settlement Fund to compensate the class representative for the time that she spent on this case and her loss of privacy as a result of serving as a Class Representative. Class counsel also recommends a bonus to compensate the 19 class members whose depositions were taken by defense counsel for the time they spent. Class counsel recommends a bonus of $50,000.00 to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, the class representative. Class counsel recommends a bonus of $500.00 to each of the 19 class members who were deposed by the Defendants. These checks will be issued at the same time as payments to class members. 2. Class members will receive payment from the common fund after deducting attorneys fees, costs, expenses of administration, and bonuses to the class representative and those class members who were deposed by the Defendants. 3. The Claims Administrator will calculate the amount of money due each class member by providing one share for every class member with an approved claim. The Claims Administrator will total the number of approved shares and then divide the amount remaining in the Settlement Fund (after the payments made as provided in Paragraph 2 above) by the number of shares to determine the amount each approved participating class member will receive. 4. Class members will receive one payment even if they were booked into the jail and strip searched more than one time during the class period. 5. Each class member’s check will be made payable only in his or her name or, upon the death of a class member, to the personal representative of the deceased class member’s estate or the person filing an affidavit in compliance with the Maine Procedure for Collection of Personal Property by Affidavit of the Rightful Heir under 18-A M.R.S.A. § 3-1201, or the equivalent procedure of the law of another state that governs the estate of the deceased class member. A check will be mailed to the class member at their mailing address or it may be picked up. Any change of address request must be made in writing and must be signed by the claimant. 6. If a participating class member is confined in a prison, hospital or other institution and has provided the address of such institution for payment, the settlement check will be sent to that address unless the class member makes other acceptable arrangements in writing with the Claims Administrator.

Distribution to Class Members. After the Final Order becomes Non- Appealable, the following payments will be made from the Settlement Fund prior to any distributions to Class Members: (a) any Taxes on the income or earnings by the Settlement Fund, any tax-related expenses, and the creation of any reserve for future expenses (as described above); (b) any expenses incurred in connection with the administration of the Settlement Fund (to the extent that there are any under this Settlement); and (c) any award of attorneys’ fees, reimbursement of any litigation expenses and costs to Class Counsel, and/or payment of any Service Award to the Class Representatives. After the deduction of any court-awarded attorneys’ fees, expenses and class representative service awards, the net settlement amount will be distributed to Class Members pursuant to the Court-approved Plan of Allocation proposed by Class Counsel. Defendants will not have input into the Proposed Plan of Allocation.

Distribution to Class Members. Class Members who do not opt out will receive a pro-rata payment based on the number of weeks worked by Class Members for Defendant during the Class Period as non-exempt, hourly-paid route employees (“Eligible Workweeks”). Specifically, Class Members’ payments will be calculated by dividing the number of Eligible Workweeks attributed to the Class Member by all Eligible Workweeks attributed to members of the Settlement Class, multiplied by the Net Settlement Amount. Otherwise stated, the formula for a Class Member is: (individual Class Member’s Eligible Workweeks ÷ total Settlement Class Eligible Workweeks) x Net Settlement Amount. Defendant’s records indicate that you worked [Eligible Workweeks] as a non-exempt route employee in California between October 6, 2017, through October 1, 2021. Based on these records, your estimated payment as a Class Member would be [$Estimated Award]. If you believe this information is incorrect and wish to dispute it, you must mail a dispute to the Settlement Administrator no later than [RESPONSE DEADLINE]. Please include any documentation you have that you contend supports your dispute. 33.33% of each Settlement Payment will be allocated as wages and reported on an IRS Form W-2; and 66.66% will be allocated as penalties and interest reported on an IRS Form 1099. You may be responsible for taxes on any amounts you receive. This notice is not intended to provide legal or tax advice on your Settlement Share.