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

Plaintiffs’ Counsel. As to the Named Plaintiffs and all Existing Opt-In Plaintiffs, the First
Stipulated Order will ask the Court to grant final approval of the Settlement, dismiss their claims
with prejudice, and enter final judgment dismissing them from the Lawsuit and the Related
Lawsuit with prejudice, finding no just reason for delay. As to all Other Eligible Settlement
Participants, the First Stipulated Order will ask the Court to grant preliminary approval of the
settlement.
B. Entry of First Stipulated Order. Entry by the Court of the proposed First
Stipulated Order is a condition precedent to this Agreement and the implementation of the
further steps of the settlement process described below.
C. Notice to Existing Opt-In Plaintiffs and Other Eligible Settlement
Participants. Within seven (7) days after the entry by the Court of the First Order, Plaintiffs’
Counsel will mail the Notice and attached Consent and Release Form to all Existing Opt-In
Plaintiffs and all Other Eligible Settlement Participants.
D. Early Deadline. The Early Deadline shall be the later of (1) twenty-one
(21) days after the date of mailing of the Notice, or (2) the date signed Consent and Release
Forms have been received from the Named Plaintiffs and at least ninety percent (90%) of the
Existing Opt-In Plaintiffs or fifty percent (50%) of the Existing Opt-In Plaintiffs and Other
Eligible Settlement Participants combined.
E. Second Stipulated Order. Within seven (7) days after the Early Deadline
or the date the First Stipulated Order has become non-appealable, whichever is later, the Parties
will jointly file with the Court the proposed Second Stipulated Order and Partial Final Judgment
(Exhibit 7) (“Second Stipulated Order”). The Parties will attach to the Second Stipulated Order
(i) lists of all Named Plaintiffs, Existing Opt-In Plaintiffs, and Other Eligible Settlement
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