IN THE UNITED STATES DISTRICT COURT FOR ... - Cleveland.com

More documents

Recommendations

Info

tax identification number, and shall be subject to deductions for applicable taxes and withholdings as required by federal, state and local law. Based on the request and representations of Plaintiffs’ Counsel, up to 16.66% of the Total Settlement Amount shall be considered attorneys’ fees (the exact amount to be determined pursuant to this Agreement) and reported on behalf of Plaintiffs’ Counsel to the Taxing Authorities on a Form 1099 issued to Plaintiffs’ Counsel with the tax identification number of Plaintiffs’ Counsel. In the event that it is subsequently determined by any Taxing Authority that any participant owes any additional taxes, interest, and/or penalties with respect to any money distributed under this Agreement, it is expressly agreed that the determination of any tax liability is between the participant and the Taxing Authority, and that Defendants and Directors will not be responsible for the payment of such taxes, including any interest and/or penalties thereon. H. Employer Payments. The Settlement Administrator will pay the employer share of FICA, Medicare, FUTA and state unemployment insurance, which will be funded by the Directors. 4. Non-Admission of Liability. Defendants and Directors deny the allegations and claims asserted in the Lawsuit and the Related Lawsuit. The Parties understand and agree that this Agreement is a release of disputed claims and does not constitute an admission of liability on the part of Defendants and/or Directors. The Parties enter into this Agreement to avoid all further litigation and to compromise and resolve forever the matters that comprise both the Lawsuit and the Related Lawsuit, as well as all other matters released herein. 5. Non-Admission of Class Liability. The Parties and Directors agree that this Agreement does not constitute, shall not be construed to be, and shall not be cited in or be admissible in any proceeding as evidence of: (a) a determination or admission that any group of 14
similarly situated employees exists to maintain a collective action under the FLSA or a class action under Rule 23 of the Federal Rules of Civil Procedure (or comparable state laws or rules), or (b) an adjudication of the merits of any factual or legal issue that was or could have been disputed by the Parties in the Lawsuit and/or the Related Lawsuit. Accordingly, the Parties and Directors agree that none of them has prevailed, nor shall this Agreement serve or be construed to be, nor cited in nor be admissible in any proceeding as, evidence that any of them has so prevailed. Notwithstanding the foregoing, the Parties and Directors agree that the Court’s entry of the Stipulated Order and Final Partial Judgment shall constitute a final judgment in the Lawsuit and Related Lawsuit with respect to the claims dismissed thereby, and the Stipulated Order and Final Judgment shall constitute a final judgment in the Lawsuit and Related Lawsuit with full res judicata effect. 6. Release of Attorneys’ Fees and Costs for Settled Matters. Plaintiffs’ Counsel understand and agree that any fee payments made under this Agreement will be the full, final, and complete payment of all attorneys’ fees and costs arising from or relating to the representation of Named Plaintiffs, Existing Opt-In Plaintiffs, or Other Eligible Settlement Participants in the Lawsuit, the Related Lawsuit or otherwise. As an inducement to Defendants to enter into this Agreement, and as a material condition thereof, Plaintiffs’ Counsel hereby irrevocably and unconditionally release, acquit, and forever discharge, any claim they may have against InkStop, its officers, directors, management, representatives, employees and all other affiliated entities and/or persons (“Releasees”) for attorneys’ fees or costs arising from or related to the individuals and matters identified in this paragraph, and, as a further inducement to Defendants and Directors to enter into this Agreement, and as a material condition hereof, Plaintiffs’ Counsel further understand and agree that the fee and cost payments made pursuant to 15
Page 1 and 2: MELANIE WARREN and CAROL LASKOSKI,
Page 3 and 4: MICHAEL SHAUGHNESSY (“Directors
Page 5 and 6: C. The term “Other Eligible Settl
Page 7 and 8: Participants who returned signed Co
Page 9 and 10: fees to Plaintiffs’ Counsel in an
Page 11 and 12: (2) Sixty days after the date of th
Page 13: (c) Participants who fall within bo
Page 17 and 18: 12. Governing Law. This Agreement i
Page 23 and 24: LIST OF EXISTING OPT-IN PLAINTIFFS
Page 25 and 26: LIST OF EXISTING OPT-IN PLAINTIFFS
Page 27 and 28: LIST OF OTHER ELIGIBLE SETTLEMENT P
Page 35 and 36: LIST OF INKSTOP STORE MANAGERS NUMB
Page 41 and 42: SCHEDULE OF INDIVIDUAL PAYMENTS (Af
Page 51 and 52: IN THE UNITED STATES DISTRICT COURT
Page 53 and 54: 3. The Named Plaintiffs in the Laws
Page 55 and 56: amount $166.72. Participants who fa
Page 57 and 58: 16. The Court approves the payment
Page 59 and 60: NOTICE OF SETTLEMENT OF INKSTOP LAW
Page 61 and 62: CONSENT TO OPT INTO LAWSUIT, RELEAS
Page 63 and 64: 1. The Court previously granted the
Page 65 and 66:
jbristol@crklaw.com THOMAS A. DOWNI
Page 67 and 68:
1. The Court previously granted the
Page 69:
tdownie@crklaw.com COHEN ROSENTHAL
show all

IN THE UNITED STATES DISTRICT COURT FOR ... - Cleveland.com

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?