Common use of Payments to Class Members Clause in Contracts

Payments to Class Members. 1. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will be entitled to receive $1,000.00, subject to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No Class Member shall be entitled to more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police Department. 5. If a Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount shall be disbursed before the Effective Date. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Payments to Class Members. 1. Each Class Member arrested and housed in Of the cell block area on a highest graded offense which constitutes a Summary$2,500,000.00 Settlement Fund, who submits a timely Claim Form will be entitled to receive $1,000.00, subject ninety-two-and-a-half percent (92.5%) is allocated to the conditions set forth belowAPSN Fee Class and seven-and-a- half percent (7.5%) is allocated to the Regulation E Fee Class. Based on this allocation, payments from the Net Settlement Fund shall be calculated as follows: (1) Payments to individual members of the APSN Fee Class = (92.5% of the Net Settlement Fund/total APSN Fees) x total APSN Fees paid by the member of the APSN Fee Class. (2. Each ) Payments to individual members of the Regulation E Fee Class Member arrested and housed in = (7.5% of the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or useNet Settlement Fund/possession total Available Balance Overdraft Fees) x Total Available Balance Overdraft Fees paid by the member of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth belowOverdraft Fee Class. (3. Each ) Because APSN Fees are also Regulation E Fees, some Class Member arrested Members may receive payments for APSN Fees and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth belowRegulation E Fees. (4. No Class Member ) Defendant shall be entitled perform an analysis of its business records to more than his or her individual share of the Distribution Amount regardless of determine the number of times he or she has been booked and/or Strip Searched non-refunded APSN Fees and Regulation E Fees incurred by each Class Member and shall provide that information to the Settlement Administrator. (5) Payments to individual class members (“Individual Payments”) shall be made no later than (10) days after the Effective Date, as follows: (i) For those Class Members who are members of Defendant at the City of ▇▇▇▇▇▇▇ Police Department. 5. If a Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any time of the Courts distribution of the Commonwealth of PennsylvaniaNet Settlement Fund, their payment under this Settlement will any checking or savings account they are then maintaining at Defendant, held by them individually, shall be credited towards their child support debt or costs or fines owed. For example, if in the amount of the Individual Payment they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 receive. (ii) For those Class Members who are not members of Defendant at the time of the $400.00 will go towards satisfying distribution of the child supportNet Settlement Fund or at that time do not have an individual account, costs and/or fines obligationthey shall be sent a check by the Settlement Administrator at the address used to provide Email/Postcard Notice, or at such other address as designated by the Class Member. The Class Member shall have one-hundred twenty (20) days to negotiate the check. Any checks uncashed after one- hundred twenty (120) days shall be distributed pursuant to Section 10. (iii) If necessary, Defendant and the Settlement Administrator shall coordinate to ensure the amount transferred to the Settlement Administrator pursuant to Section 8(a) is equal to the precise amount necessary for the Settlement Administrator to distribute Individual Payments to Class Member will be paid Members who are not members of Defendant at the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion time of the Distribution Amount shall be disbursed before distribution of the Effective Date. 8. The Parties acknowledge Net Settlement Fund, or at that Class Members time do not have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordinglyindividual account, the identification of or who, for any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counselreason, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claimcannot receive an account credit.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Payments to Class Members. 1. Each The Settlement Fund will be distributed as follows: Following the distribution of attorney fees, costs, and incentive awards, the remaining amount will be paid to the Class Members who submit a valid claim based on the following calculations: (a) Class Members who are not Medicare eligible and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. The Parties agree to use the records maintained by the ▇▇▇▇▇ County Jail to determine those individuals, as summarized in Exhibit B. (b) Class Members who are Medicare eligible but for whom it is determined Medicare does not have a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. Payment will be released after the Defendants have confirmed that Medicare has no lien and have so informed the Settlement Administrator. The Parties agree to use the records maintained by the ▇▇▇▇▇ County Jail to determine those individuals, as summarized in Exhibit B. (c) Class Members who are Medicare eligible and for whom it is determined Medicare has a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below minus any amount due Medicare. Payment will be released after the Defendants have confirmed the amount of the lien and have so informed the Settlement Administrator of the amount due the Class Member arrested and housed the amount due Medicare. The Parties agree to use the records maintained by the ▇▇▇▇▇ County Jail to determine those individuals, as summarized in Exhibit B. (d) The total amount remaining in the cell block area on a highest graded offense which constitutes a SummarySettlement Fund after deduction of attorneys' fees, who submits a timely Claim Form costs, incentive awards, and payments pursuant to Paragraph 1(a) will be entitled divided by the total number of Class Members who submit a valid claim. (e) If the award described in Paragraph 1(d) exceeds Twenty Five Thousand Dollars ($25,000.00) per Class Member, the amount in excess of such award shall be refunded to receive $1,000.00Defendants. (f) If any checks are not cashed within three (3) months of the distribution, subject the Settlement Administrator will notify the Parties of the identities of those Claimants who failed to cash their check. If there is money remaining in the Settlement Fund three (3) months after the payment to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a MisdemeanorMembers who make valid claims, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form then that money will be entitled redistributed pursuant to receive $400.00Paragraphs 1(d) and (e) above. However, subject if money is to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal usebe redistributed because there are unclaimed funds, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No Class Member no class member shall be entitled to more than his or her individual share $25,000.00 (excluding incentive awards and payments made under paragraph 1(a) above) and if all class members receive that amount and unclaimed funds still exist, the unclaimed funds will revert to the Defendants. 2. Records have been provided by Defendants in order to acquire the name and address of each Class Member. The Parties will cause to be mailed to each Class Member the Class Notice and Claim Form with return envelopes for Class Members to mail back. Upon completion of their Claim Form, the Class Members will insert their completed Claim Form into the provided return envelope to mail to the Settlement Administrator. 3. The Settlement Administrator shall compile a list of class members submitting claims to be provided to all Parties. 4. The Parties recognize the possibility that Class Members may attempt to file late claims subsequent to the end of the Distribution Amount regardless claims period. Late claims may be allowed, if submitted on or before 30 days after the end of the number claims period, for good cause shown as agreed by the Parties. However any claims submitted more than thirty (30) days after the end of times he or she has been booked and/or Strip Searched at the City claim period shall not be allowed. To the extent that the Parties cannot agree that good cause is shown, the Settlement Administrator shall make the final decision regarding whether to allow a late claim. All late claims will be approved by the Court prior to being paid as part of ▇▇▇▇▇▇▇ Police Departmentthe distribution of the Settlement. 5. After the Final Approval Hearing described below, the Settlement Administrator shall send checks to each Claimant who submits a valid claim pursuant to the distribution calculated in Section III(B) within fourteen (14) days of the Effective Date. If after three (3) months a check remains uncashed and money remains in what is left of the Settlement Fund, the remainder shall be redistributed among Claimants as provided under Section III(B) with no Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a receiving more than $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.0025,000.00. 6. The City has Parties expressly agree that the right funds paid herein are not intended to challenge individual claims be payment for economic damages or for punitive damages, but expects are intended to use be payment for damages on account of alleged personal injuries, including, but not limited to, bodily injury, mental and emotional distress, and pain and suffering, arising from an occurrence, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. Despite the Parties' intentions, the Plaintiffs, Class Counsel, Defendants’ Counsel, and Defendants make no representations regarding the taxability or non-taxability of any payments made hereunder, and the Parties agree that Defendants, the Settlement Administrator, and Defendants’ insurers shall not be responsible for payment of any taxes on the amounts paid hereunder to Plaintiffs, Class Representatives, Class Members, or Class Counsel. All payment of taxes or other assessments to the state or federal authorities on the amounts paid under this right reasonably Settlement Agreement, if any, shall be the sole responsibility of Plaintiffs, Class Representatives, Class Members, and sparingly. 7. No Class Counsel with respect to their portion of the Distribution Amount shall be disbursed before the Effective DateSettlement Funds. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Payments to Class Members. 1Within ten (10) business days after entry of the Preliminary Approval/Notice Order, Defendant shall transfer the Settlement Fund to the Claims Administrator pursuant to wire transfer instructions provided to Defendant by the Claims Administrator. Each The Settlement Fund shall constitute, consist of and be the total amount Defendant is ever obligated to pay under the terms of this Agreement and any risk of loss on the Settlement Fund after it is transferred to the Claims Administrator is allocated to Plaintiffs. The Settlement Fund shall be used to pay (a) Class Counsel’s fees and costs as approved by the Court; (b) any service award payment to the Named Plaintiff as approved by the Court; (c) costs associated with administering the Notice in accordance with Section 6, above; (d) any fees paid to the Claims Administrator for services rendered in connection with the administration process as approved by the Court; (e) settlement awards to the Class Members; and (f) taxes on the Settlement Fund and any tax return preparation expenses in connection with the Settlement Fund. Defendant shall not, and shall not be obligated or required to, make any additional or further payments or contributions to the Settlement Fund. Except as provided herein, Defendant shall have no responsibility for any allocation and no liability for any payment from the Settlement Fund to any Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will be entitled to receive $1,000.00, subject to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual other person claiming by or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No Class Member shall be entitled to more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police Department. 5. If through a Class Member owes child supportor any other person. In the event a Final Approval Order is not issued, or owe costs this Agreement is terminated by either party for any reason, including pursuant to Section 16 below, or fines owed as a result of an adjudication by the Effective Date does not occur for any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or finesreason, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount Settlement Fund paid to the Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Administrator or due and owing to the Claims Administrator in connection with the settlement provided for herein, shall be disbursed before refunded to Defendant within two (2) business days via wire transfer pursuant to wire transfer instructions provided to the Effective DateClaims Administrator by Defendant. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. 1. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will be entitled The amount paid to receive $1,000.00, subject to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No each Class Member shall be calculated as follows: (1) The Net Settlement Fund shall be divided into two parts. The first part, (the “Reg. E Part”) comprised of ten percent (10%) of the Net Settlement Fund, shall be made available to members of the Regulation E Class who incurred Regulation E Overdraft Charges that were not reversed within 10 days after they were assessed (“Eligible Regulation E Overdraft Charges”). Regulation E Class Members who were assessed Eligible Regulation E Overdraft Charges shall be entitled to make a claim for a refund of up to five (5) such fees. Those Class Members who have been assessed Eligible Regulation E Overdraft Charges shall be provided a Claim Form with the Notice. The Claim Form shall indicate the number and amount of Eligible Regulation E Overdraft Fees assessed against each such member’s accounts. Class Members who were not assessed Eligible Regulation E Overdraft Charges shall not receive a Claim Form. To the extent the ten percent (10%) of the Net Settlement Fund allocated to pay Eligible Regulation E Overdraft Charges is not sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. If the total amount of Eligible Regulation E Overdraft Charges claimed is less than the full Reg. E Part, the excess shall be added to the second part of the Net Settlement Fund (the “Sufficient Funds Part”) and distributed as set forth in subsection 10(d)(iv)(2) below. (2) After completion of the claims process described in subsection 10(d)(iv)(1) above, the remaining amount of the Net Settlement Fund, the Sufficient Funds Part, will be distributed to members of the Sufficient Funds Class who were assessed Sufficient Funds Overdraft Charges. To the extent the portion of the Net Settlement Fund allocated to pay Sufficient Funds Overdraft Charges is not sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. (3) Because members of the Sufficient Funds Class may also be members of the Regulation E Class, there may be circumstances where Sufficient Funds Overdraft Charges will also be Eligible Regulation E Overdraft Charges. To prevent Class Members from recovering more than his or her individual share of the Distribution Amount regardless of fees they paid, Class Members shall not be entitled to recover more for each allegedly improper fee than the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police Department. 5. If a Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owedactual amount charged for such fee. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes was charged $1,000.00 in child support30 for an Eligible Regulation E Overdraft Charge that is also a Sufficient Funds Overdraft Charge, costs and/or fines, the full then that member shall only be entitled to recover at most $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.0030 for that fee. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount shall be disbursed before the Effective Date. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. 1. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will be entitled The amount paid to receive $1,000.00, subject to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No each Class Member shall be entitled calculated as follows: a. The Net Settlement Fund shall be allocated to more than his or her individual share members of the Distribution Amount regardless Classes on a pro rata basis, as follows: (1) 83% of the number Net Settlement Fund shall be allocated to the APPSN Fee Settlement Class; (2) 14% of times he or she has been booked and/or Strip Searched the Net Settlement Fund shall be allocated to the Retry Fee Settlement Class; (3) 3% of the Net Settlement Fund shall be allocated to the OON Fee Settlement Class. b. Payments to those members of the Classes (“Individual Payments”) shall be made no later than ten (10) days after the Effective Date, as follows: (1) For those Class Members who are members of Defendant at the City of ▇▇▇▇▇▇▇ Police Department. 5. If a Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any time of the Courts distribution of the Commonwealth of PennsylvaniaNet Settlement Fund, their payment under this Settlement will checking accounts shall be credited towards their child support debt or costs or fines owed. For example, if in the amount of the Individual Payment they are entitled to receive. If they do not have a $400.00 payment under this Settlement and owe $300.00 in child supportchecking account, costs and/or finesbut maintain another account at Defendant, $300.00 then that account shall be credited. (2) For those Class Members who are not members of Defendant at the time of the $400.00 will go towards satisfying distribution of the child supportNet Settlement Fund, costs and/or fines obligationthey shall be sent a check by the Claims Administrator at the address used to provide the Notice, and or at such other address as designated by the Class Member. The Class Member will shall have one-hundred eighty (180) days to negotiate the check. Any checks uncashed after one-hundred eighty (180) days shall be distributed to Class Members on a pro-rata basis if practical. Otherwise, any residual shall be distributed pursuant to Section 12. (3) Settlement Class Members of the APPSN Fee Class shall be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion per incurred APPSN Fee calculated as follows: (0.83 of the Distribution Amount Net Settlement Fund/Total APPSN Fees) x Total number of APPSN Fees charged to and paid by each APPSN Fee Class member; Settlement Class Members of the Retry NSF Fee Class shall be disbursed before paid per Retry NSF Fee calculated as follows: (0.14 of the Effective Date. 8. The Parties acknowledge that Net Settlement Fund/Total Retry NSF Fees) x Total number of Retry NSF Fees charged to and paid by each Retry NSF Fee Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.member; and

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. 1. Each Class Member arrested and housed in Within five (5) business days after entry of the cell block area on a highest graded offense which constitutes a SummaryPreliminary Approval/Notice Order, who submits a timely Claim Form will be entitled to receive $1,000.00, subject SouthState shall transfer the Settlement Fund to the conditions set forth below. 2Claims Administrator. Each If the total amount to be credited by SouthState to Class Member arrested Members with open accounts is known at this time per Plaintiff’s Expert’s analysis and housed in the cell block area on a highest graded offense which constitutes a Misdemeanorcalculations, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject SouthState need only transfer to the conditions set forth below. 3Claims Administrator the Settlement Fund, less these amounts. Each If Plaintiff’s Expert has not finalized these amounts by the date on which the Settlement Fund is to be transferred to the Claims Administrator, the entire Settlement Fund shall be transferred for later distribution by the Claims Administrator per the terms of this Section at which time the Claims Administrator shall remit to SouthState the total amount to be credited by SouthState to Class Member arrested Members with open accounts. The Settlement Fund shall be the total amount Defendant is obligated to pay under the terms of this Agreement and housed includes (a) Class Counsel’s fees and costs; (b) any service award payment to the Named Plaintiffs; (c) costs associated with administering the Notice in accordance with Section 4, above; and (d) any fees paid to the cell block area on a highest graded offense constitutes misdemeanor possession of a small Claims Administrator for services rendered in connection with the administration process. SouthState has and shall have no obligation to make any additional or further contributions to the Settlement Fund, even if the total amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject all alleged improper fees charged to the conditions set forth below. 4. No Class Member shall be entitled to more than his or her individual share Members exceeds the value of the Distribution Amount regardless of Net Settlement Fund. In the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police Department. 5. If event a Class Member owes child supportFinal Approval Order is not issued, or owe costs or fines owed as a result of an adjudication this Agreement is terminated by either party for any of the Courts of the Commonwealth of Pennsylvaniareason, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For exampleincluding pursuant to Section 15, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or finesbelow, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount Settlement Fund paid to the Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Administrator or due and owing to the Claims Administrator in connection with the settlement provided for herein, shall be disbursed before refunded to SouthState within two (2) business days after the Effective Date. 8Final Approval Order is denied or this Agreement is terminated. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. AccordinglyFurther, the identification of parties agree that if such Final Approval Order is denied or this Agreement is terminated, any class member making a claim order preliminarily or finally certifying the classes shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claimvacated.

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. 1. Each Once the Court grants Final Approval of this Settlement, the Settlement Fund will be distributed as follows: each Eligible Settlement Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will be entitled to receive a pro rata share of that Distribution Amount, not to exceed $1,000.00200.00 per Class A Member or $100.00 per Class B Member. Each Eligible Settlement Class Member is only eligible to receive a single payment under this Settlement Agreement. No Eligible Settlement Class Member, subject other than ▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇, pursuant to the conditions set forth belowterms specified below in Section VIII, may receive any total amount under this Settlement Agreement greater than $200.00, and Eligible Settlement Class Members may receive less than that total maximum amount. Any portion of the Settlement Fund which is not owed to an Eligible Settlement Class Member remains the property of GEO and will be returned to GEO as GEO’s property. 2. Each In no circumstance will the Distribution Amount exceed the amount remaining under the Settlement Fund after payment of the costs of Class Notice and administration of the Settlement, attorneys’ fees and expenses, and service awards to Class Representatives. In the event that the number of claims is such that the Distribution Amount will be exceeded if claims were to be paid in full, then the Distribution Amount will be allocated as follows: two-thirds of the Distribution Amount will be allocated pro rata to Class A Claims, and one-third of the Distribution Amount will be allocated pro rata to Class B claims. Class A Member arrested and housed claims will then be calculated pro rata. In the event that there remain funds in the cell block area Class A Member allocation after calculation, those remaining funds will be allocated to Class B Member Claims. Class B Member Claims will then be calculated on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession pro rata basis. No claims shall be paid until after these calculations in the event that the number of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to claims exceeds the conditions set forth belowDistribution Amount if all claims were paid in full. 3. Each No Settlement Class Member arrested Member, other than ▇▇▇▇ ▇▇▇▇▇ and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use▇▇▇▇▇▇ ▇▇▇▇▇, who submits a timely Claim Form will be entitled to receive $100.00, subject pursuant to the conditions set forth below. 4. No Class Member terms specified below in Section VIII, shall be entitled to more than his or her individual share of the Distribution Amount Settlement Fund regardless of the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police DepartmentConsumer Reports GEO obtained regarding them. 5. If a Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 74. No portion of the Distribution Amount Settlement Fund shall be disbursed before the Effective Date, except as set forth in Section III(B)(2) above and III(D) below. 85. Both parties anticipate that late claims may be filed subsequent to the end of the claims period. Late claims may be allowed, if submitted on or before the date of the Final Approval Hearing, for good cause shown or as otherwise agreed to by the Parties. To the extent that the Parties cannot agree that good cause is shown, or that a claim should otherwise be accepted, the Settlement Administrator shall make the final decision regarding whether to allow a late claim. 6. The Parties acknowledge make no representations regarding the taxability or non-taxability of any payments made hereunder, and the Parties agree that neither Party shall be responsible for payment of any taxes on the amounts paid hereunder to Plaintiffs, Class Members have an important interest in being able Representatives, Class Members, or the Settlement Administrator. All payment of taxes or other assessments to maintain their privacy in filing a claim state or federal authorities on the amounts paid under this class action settlement. AccordinglySettlement Agreement, if any, shall be the sole responsibility of Plaintiffs, Class Representatives, Class Members, the identification of any class member making a claim shall be kept confidential Settlement Administrator and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or with respect to address their tax responsibilities as to their portion of the validity of any claimSettlement Funds.

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. 147. The Settlement Fund will provide for a total amount of the settlement for Settlement Class claims, including Plaintiff’s class claim, is Three Million Two Hundred Seventy-Two Thousand, Nine Hundred Forty-Four and 42/100 Dollars ($$3,272,944.42). This total amount represents the entire value of the Settlement and is intended to be a common fund from which all of the costs of settlement are to be paid. 48. Each Class Member arrested will be eligible to receive cash payments from State Farm in one of two ways: (a) Class Members in Sub-Class 1 will receive an amount equal to Twenty Percent (20%) of the Rental Car Coverage costs previously paid to them by State Farm under their Rental Car Coverage, and housed (b) Class Members in Sub-Class 2 will each receive Two Hundred Dollars ($200). The payments will be reduced by the attorneys’ fees, incentive payment, and administrative costs awarded by the Court. 49. The Notice described in Paragraph 37 above will include an explanation of the amounts to be paid to the Members of each Sub-Class. 50. Given the passage of time for many of the claims at issue in the cell block area on a highest graded offense which constitutes a Summarycase, who submits a timely Claim Form State Farm anticipates it may be unable to locate certain Class Members, even through reasonable and diligent efforts. After reasonable and diligent efforts by the TPA and State Farm to identify current addresses for insureds, State Farm will be entitled to receive $1,000.00, subject remit the payment allocated to the conditions set forth belowinsured to unclaimed funds with the State of Maryland. 251. Each Class Member arrested and housed Plaintiff may ask the Court to approve an additional payment to him from the Settlement Fund in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal useup to Five Thousand Dollars ($5,000) as a Class Representative fee, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No Class Member and Plaintiff shall be entitled paid that amount, or any lesser amount that may be authorized by the Court as a Class Representative fee, in addition to more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police DepartmentClass claim. 552. If a Any paymentssent to Class Member owes child supportMembers which arereturned, or owe costs or fines owed as a result any fundsremaining from checks that are not cashed within ninety (90) days after date of an adjudication by any of the Courts of the Commonwealth of Pennsylvaniaissue, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount shall be disbursed before distributed according to the Effective Dateunclaimed property laws for the State of Maryland. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. The amounts described in No. 1-4 above all will be subtracted from the Maximum Settlement Amount, and the amount remaining will constitute the Net Settlement Amount. The Net Settlement Amount will then be allocated for distribution under the procedure described below to Class Members who do not exclude themselves from the Settlement. Class Members who do not submit a timely written request for exclusion from the settlement (“Settlement Class Members”) will receive a share of the Net Settlement Amount (the “Class Settlement Payment”). From the Net Settlement Amount, payments in the amount of $200 shall be allocated for each Settlement Class Member that is a former GDIT employee as of xxx xx, 2021[Preliminary approval] and whose employment with GDIT was terminated between July 23, 2016 and xxx xx, 2021 [Preliminary Approval Date], estimated to be $61,000 total. The remaining Net Settlement Amount is referred to as the “Workweek Fund” and will be paid to the Settlement Class Members based on their workweeks from July 23, 2015 through xxx xx, 2021 [Preliminary Approval Date] in which they worked for GDIT in a non-exempt job position in California (“Covered Class Workweeks”). Payments from the Workweek Fund will be distributed as follows: Class Members shall be allocated three (3) points of credit for each Covered Class Workweek in which they worked overtime hours, i.e., more than 8 hours in a day or 40 hours in a week, and one (1) point of credit for each Covered Class Workweek in which they did not work overtime hours, from July 23, 2015 to xxs xx, 2021 [Preliminary approval]. The number of points of all Class Members are added together, then divided by the number of points for each Class Member, to determine each Class Member’s percentage share of the Workweek Fund. Each Class Member arrested and housed in Member’s percentage is then multiplied by the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form Workweek Fund to determine each Class Member’s estimated individual settlement payment. The PAGA Group Payment will be entitled to receive $1,000.00, subject to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area divided among PAGA Members based on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No Class Member shall be entitled to more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or Strip Searched at biweekly pay periods each PAGA Member worked compared to the City number of ▇▇▇▇▇▇▇ Police Department. 5. If a Class Member owes child supportbiweekly pay periods worked by all PAGA Members, or owe costs or fines owed as a result of an adjudication by any including those who opt out of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount shall be disbursed before the Effective Date. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. AccordinglyClass Settlement Payments will be allocated as follows: 1/2 to unpaid wages, the identification of any class member making a claim with all applicable taxes withheld, for which an IRS Form W-2 shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counselissued, and 1/2 to non-wage recovery, including interest and penalties, for which an IRS Form 1099 shall be protected issued. GDIT will pay its share of payroll taxes on the amounts allocated as unpaid wages. Payments to PAGA Members from public disclosurethe PAGA Group Payment are treated as civil penalties, unless such disclosure is required by law or to address not wages, for tax purposes, for which an IRS Form 1099 shall be issued. You should consult with a tax advisor concerning the validity tax consequences of any claimthe payment(s) you receive under the Settlement.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Payments to Class Members. 1. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will be entitled The amount paid to receive $1,000.00, subject to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No each Class Member shall be calculated as follows: (1) The Net Settlement Fund shall be divided into two parts. The first part, (the “Reg. E Part”) comprised of twenty percent (20%) of the Net Settlement Fund, shall be made available to members of the Regulation E Class who incurred Regulation E Overdraft Charges that were not reversed within 30 days after they were assessed (“Eligible Regulation E Overdraft Charges”). Regulation E Class Members who were assessed Eligible Regulation E Overdraft Charges shall be entitled to make a claim for a refund of up to ten (10) such fees. Those Class Members who have been assessed Eligible Regulation E Overdraft Charges shall be provided a Claim Form with the Notice. The Claim Form shall indicate the number and amount of Eligible Regulation E Overdraft Fees assessed against each such member’s accounts. Class Members who were not assessed Eligible Regulation E Overdraft Charges shall not receive a Claim Form. To the extent the twenty percent of the Net Settlement Fund allocated to pay Eligible Regulation E Overdraft Charges is not sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. If the total amount of Eligible Regulation E Overdraft Charges claimed is less than the full Reg. E Part, the excess shall be added to the second part of the Net Settlement Fund (the “Sufficient Funds Part”),and distributed as set forth in subsection 8(d)(iv)(2) below. (2) After completion of the claims process described in subsection 8(d)(iv)(1) above, the remaining 80% of the Net Settlement Fund, the Sufficient Funds Part, will be distributed to members of the Sufficient Funds Class who were assessed Sufficient Funds Overdraft Charges. To the extent the portion of the Net Settlement Fund allocated to pay Sufficient Funds Overdraft Charges is not sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. (3) Because members of the Sufficient Funds Class may also be members of the Regulation E Class, there may be circumstances where Sufficient Funds Overdraft Charges will also be Eligible Regulation E Overdraft Charges. To prevent Class Members from recovering more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police Department. 5. If a fees they paid, Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will Members shall not be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of recover more for each allegedly improper fee than the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balanceactual amount charged for such fee. LikewiseThus, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount shall be disbursed before the Effective Date. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.was charged

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. 1. Each Payments from the “Net Settlement Fund” to the Class Members shall be calculated as follows: a. Net Settlement Fund/Total Retry Fees x Total amount of Retry Fees charged to and paid by each Class Member arrested and housed = “Individual Payment.” b. Individual Payments shall be made no later than ten (10) days after the Effective Date, as follows: i. For those Class Members who are customers of Defendant at the time of the distribution of the Net Settlement Fund, a credit in the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will be entitled to receive $1,000.00, subject to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No Class Member shall be entitled to more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police Department. 5. If a Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if Individual Payment they are entitled to receive shall be applied to the account that was assessed Retry Fees. If that account is no longer active, then a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 credit may be made to any checking or savings account they are then maintaining at Defendant that is held by them individually. ii. For those Class Members who are not customers of Defendant at the time of the $400.00 distribution of the Net Settlement Fund or at that time do not have an individual account, they shall be sent a check by the Settlement Administrator at the address used to DocuSign Envelope ID: 3E7576E2-A6AC-487B-811E-18DD10609314 provide the Notice, or at such other address as designated by the Class Member. For Class Members who are not customers of Defendant at the time of the distribution and received the Notice electronically, they shall be sent a check by the Settlement Administrator to their last known mailing address. Defendant shall provide the Settlement Administrator with the last known mailing addresses for these Class Members. The Settlement Administrator shall run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed check is returned with forwarding address information, the Settlement Administrator shall re-mail the check to the forwarding address. For all mailed checks that are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the check once to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. For jointly held accounts, checks will go towards satisfying the child support, costs and/or fines obligationbe payable to all customers, and will be mailed to the first accountholder listed on the account. The Class Member will shall have one hundred eighty (180) days to negotiate the check. Any checks uncashed after one hundred eighty (180) days shall be paid the remaining $100.00 balance. Likewise, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines distributed pursuant to $600.00Section 11. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No c. In no event shall any portion of the Distribution Amount shall be disbursed before the Effective DateSettlement Fund revert to Defendant. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. 1. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will be entitled The amount paid to receive $1,000.00, subject to the conditions set forth below. 2. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No each Class Member shall be calculated as follows: (1) The Net Settlement Fund shall be divided into two parts. The first part, (the “Reg. E Part”) comprised of twenty percent (20%) of the Net Settlement Fund, shall be made available to members of the Regulation E Class who incurred Regulation E Overdraft Charges that were not reversed within 30 days after they were assessed (“Eligible Regulation E Overdraft Charges”). Regulation E Class Members who were assessed Eligible Regulation E Overdraft Charges shall be entitled to make a claim for a refund of up to ten (10) such fees. Those Class Members who have been assessed Eligible Regulation E Overdraft Charges shall be provided a Claim Form with the Notice. The Claim Form shall indicate the number and amount of Eligible Regulation E Overdraft Fees assessed against each such member’s accounts. Class Members who were not assessed Eligible Regulation E Overdraft Charges shall not receive a Claim Form. To the extent the twenty percent of the Net Settlement Fund allocated to pay Eligible Regulation E Overdraft Charges is not sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. If the total amount of Eligible Regulation E Overdraft Charges claimed is less than the full Reg. E Part, the excess shall be added to the second part of the Net Settlement Fund (the “Sufficient Funds Part”),and distributed as set forth in subsection 8(d)(iv)(2) below. (2) After completion of the claims process described in subsection 8(d)(iv)(1) above, the remaining 80% of the Net Settlement Fund, the Sufficient Funds Part, will be distributed to members of the Sufficient Funds Class who were assessed Sufficient Funds Overdraft Charges. To the extent the portion of the Net Settlement Fund allocated to pay Sufficient Funds Overdraft Charges is not sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. (3) Because members of the Sufficient Funds Class may also be members of the Regulation E Class, there may be circumstances where Sufficient Funds Overdraft Charges will also be Eligible Regulation E Overdraft Charges. To prevent Class Members from recovering more than his or her individual share of the Distribution Amount regardless of fees they paid, Class Members shall not be entitled to recover more for each allegedly improper fee than the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police Department. 5. If a Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owedactual amount charged for such fee. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. Likewise, if a Class Member owes was charged $1,000.00 in child support30 for an Eligible Regulation E Overdraft Charge that is also a Sufficient Funds Overdraft Charge, costs and/or fines, the full then that member shall only be entitled to recover at most $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.0030 for that fee. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount shall be disbursed before the Effective Date. 8. The Parties acknowledge that Class Members have an important interest in being able to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claim.

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. Of the $3,700,000 Settlement Fund, $551,487 (15%) is allocated to the Multiple NSF Fee Class, $500,000 (13.5%) is allocated to the Regulation E Class, and $2,648,513 (71.5%) is allocated to the Sufficient Funds Class. Based on this allocation, payments from the Net Settlement Fund to individual Class Members (“Individual Payments”) shall be calculated as follows: (1) Individual Payments to Multiple NSF Fee Class Members = (15% of the Net Settlement Fund/total Multiple NSF Fees) x total Multiple NSF Fees paid by the each Multiple NSF Fee Class Member. Each Defendant. (2) Individual Payments to Regulation E Class Member arrested and housed in Members = (0.135 of the cell block area on a highest graded offense which constitutes a Summary, who submits a timely Claim Form will Net Settlement Fund/total Regulation E Overdraft Fees) x total Regulation E Overdraft Fees paid by each Regulation E Class Member. (3) Individual Payments to Sufficient Funds Class Members = (71.5% of the Net Settlement Fund/total Sufficient Funds Overdraft Fees) x total Sufficient Funds Overdraft Fees paid by each Sufficient Funds Class Member. (4) Class Members shall not be entitled to receive $1,000.00, subject to recover more for each allegedly improper fee than the conditions set forth below. 2actual amount charged for such fee. Each Class Member arrested and housed in the cell block area on a highest graded offense which constitutes a Misdemeanor, except those misdemeanors involving drug offenses or violent offenses involving physical harm to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to the conditions set forth below. 3. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No Class Member shall be entitled to more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police Department. 5. If a Class Member owes child support, or owe costs or fines owed as a result of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and the Class Member will be paid the remaining $100.00 balance. LikewiseThus, if a Class Member owes was charged $1,000.00 25 for an overdraft fee which is a “Regulation E Overdraft Fee” and is also a “Sufficient Funds Overdraft Fee,” then that Class Member shall only be entitled to recover at most $25 for that fee. Any Individual Payments in child support, costs and/or fines, excess of the full $400.00 will actual amount charged to a Class Member shall be credited towards allocated to the debt, reducing the total child support, costs and/or fines to $600.00Sufficient Funds Class. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount (5) Individual Payments shall be disbursed before made no later than twenty four (24) days after the Effective Date, as follows: (i) For those Class Members who are members of Defendant at the time of the distribution of the Net Settlement Fund, any checking or savings account they are then maintaining at Defendant, held by them individually, shall be credited in the amount of the Individual Payment they are entitled to receive. 8(ii) For those Class Members who are not members of Defendant at the time of the distribution of the Net Settlement Fund or at that time do not have an individual account, they shall be sent a check by the Settlement Administrator at the address used to provide Notice, or at such other address as designated by the Class Member. The Parties acknowledge that Class Members Member shall have an important interest in being able one-hundred eighty (180) days after the check is sent to maintain their privacy in filing a claim on this class action settlementnegotiate it. Accordingly, the identification of any class member making a claim Any checks uncashed after one-hundred eighty (180) days shall be kept confidential and disclosed only distributed pursuant to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claimSection 12.

Appears in 1 contract

Sources: Settlement Agreement

Payments to Class Members. 1. Each Payments from the Net Settlement Fund to the individual Class Members (“Individual Payments”) shall be calculated as follows: (Net Settlement Fund/Total Retry Fees) x Total number of Retry Fees charged to and paid by each Class Member arrested = Individual Payment. (1) Individual Payments shall be made ten (10) days after the Effective Date, as follows: A. For Class Members who are members of Defendant at the time of the distribution of the Net Settlement Fund, and housed who then own an account maintained at Defendant which is individually titled in that Class Member’s name (or Class Members’ names if the subject Individual Payment is owing jointly to more than one Class Member), such account shall be credited in the cell block area on a highest graded offense which constitutes a Summaryamount of the Individual Payment. If by the deadline for Defendant to apply credits to accounts of Class Members Defendant is unable to complete certain credit(s), who submits a timely Claim Form will be entitled to receive $1,000.00, subject then Defendant shall deliver the total amount of such unsuccessful Individual Payments to the conditions set forth Settlement Administrator to be paid by check in accordance with subsection (B), below. 2. Each B. For those Class Member arrested and housed Members who are not able to receive a credit as provided for in subsection (A), above, they shall be sent a check by the Settlement Administrator in the cell block area amount of their Individual Payments at the address used to provide the Notice, or at such other address as designated by the Class Member. For jointly held accounts, checks will be payable to all members, and will be mailed to the first accountholder listed on the account. The Settlement Administrator shall make reasonable efforts to locate the proper address for any check returned by the Postal Service as undeliverable and will re-mail it once to the updated address or, in the case of a highest graded offense which constitutes a Misdemeanorjointly held account, except those misdemeanors involving drug offenses or violent offenses involving physical harm and in the Settlement Administrator’s discretion, to an individual or use/possession of a weapon of any kind, who submits a timely Claim Form will be entitled to receive $400.00, subject to accountholder other than the conditions set forth below. 3one listed first. Each Class Member arrested and housed in the cell block area on a highest graded offense constitutes misdemeanor possession of a small amount of marijuana for personal use, who submits a timely Claim Form will be entitled to receive $100.00, subject to the conditions set forth below. 4. No The Class Member shall have one- hundred eighty (180) days to negotiate the check. Any checks uncashed after one- hundred eighty (180) days shall be entitled distributed pursuant to more than his or her individual share of the Distribution Amount regardless of the number of times he or she has been booked and/or Strip Searched at the City of ▇▇▇▇▇▇▇ Police DepartmentSection 11. 5. If a C. Notwithstanding subsections (A) and (B), above, for those Class Member owes child supportMembers with negative balances or who otherwise owe money to Defendant, or owe costs or fines owed as a result irrespective of an adjudication by any of the Courts of the Commonwealth of Pennsylvania, their payment under this Settlement will be credited towards their child support debt or costs or fines owed. For example, if they are entitled to a $400.00 payment under this Settlement and owe $300.00 in child support, costs and/or fines, $300.00 of the $400.00 will go towards satisfying the child support, costs and/or fines obligation, and whether the Class Member will be paid the remaining $100.00 balance. Likewiseis a current member of Defendant or owns an active account, if a Class Member owes $1,000.00 in child support, costs and/or fines, the full $400.00 will be credited towards the debt, reducing the total child support, costs and/or fines to $600.00. 6. The City has the right to challenge individual claims but expects to use this right reasonably and sparingly. 7. No portion of the Distribution Amount shall be disbursed before the Effective Date. 8. The Parties acknowledge Defendant may credit that Class Members have an important interest Member’s principal balance due, in being able lieu of tender of their Individual Payment to maintain their privacy in filing a claim on this class action settlement. Accordingly, the identification extent of any class member making a claim shall be kept confidential and disclosed only to Class Counsel and Defendant’s Counsel, and shall be protected from public disclosure, unless such disclosure is required by law or to address the validity of any claimbalance due.

Appears in 1 contract

Sources: Settlement Agreement