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

espective unpaid wages for work performed after September 13, 2009 as calculated by the Department of Labor,
up to a maximum payment of $4,920.50. Ten percent (10%) will be allocated to employees in the Store Manager
Group, who are eligible for a per person payment in the amount of $169.34. Store Managers who fall within
both Groups are eligible for two Individual Payments, one from each category.
The deductions approved by the Court include attorneys’ fees in the amount of 16.66% of the Total Settlement
Amount. (To maximize the Individual Payments to employees, Plaintiffs’ Counsel chose to reduce their
customary attorneys’ fee of 33.33% by one-half). The Court has also approved reimbursements of litigation
expenses of approximately $6,500, and service awards of $2,500 each to the Representative Plaintiffs for their
service in the lawsuits.
In exchange, the InkStop Lawsuits will be dismissed, and participating employees will release all claims for
unpaid wages under the Fair Labor Standards Act as well as state statutes and common law against InkStop, Inc.
and any related persons and entities including its directors, officers, and employees. The released claims include
any claims that were or could have been made in the InkStop Lawsuits, as well as any claims in the InkStop
bankruptcy.
B. Advantages of the Settlement and Plaintiffs’ Counsel’s Recommendation
Plaintiffs’ Counsel strongly recommend the Settlement. It offers substantial settlement payments to employees,
without the delay, uncertainty, and risk of continuing with the InkStop Lawsuits or awaiting the outcome of the
InkStop bankruptcy (which may provide no recovery at all). Before deduction of attorneys’ fees, expenses, and
service awards, participating employees in the Non-Payment Group will recover approximately 97.37% of their
recoverable wages under the Fair Labor Standards Act. The individual payments to the Store Manager Group,
although lower in amount, are fair and equitable considering the less certain nature of their claim for unpaid
overtime compensation.
4. HOW TO RECEIVE YOUR SETTLEMENT PAYMENT
To participate in the settlement, you must complete and return the attached Settlement Form entitled
“Consent to Opt-Into Lawsuit, Release and Dismiss Claims.” You can return the Settlement Form by: (a)
mailing it to Plaintiffs’ Counsel in the enclosed self-addressed and postage-prepaid envelope; (b) faxing your
signed Settlement Form to Plaintiffs’ Counsel at 216-696-7005; or (c) scanning your signed Settlement Form and
emailing it to Plaintiffs’ Counsel at inkstop@lazzarolawfirm.com.
5. PAYMENT DATES
There are two payment dates. Eligible employees who returned signed Settlement Forms by the first
deadline, April __, 2010, will receive settlement checks in approximately May, 2010.
FORMS THAT ARE RETURNED BY APRIL ___, 2010 WILL RECEIVE PRIORITY.
The final deadline for returning signed Settlement Forms is June __, 2010. Checks will be mailed at the
conclusion of the case which is anticipated to be August or September 2010.
5. FURTHER INFORMATION
Further information about the settlement may be obtained from Plaintiffs’ Counsel:
Jason R. Bristol, Cohen Rosenthal & Kramer LLP Anthony J. Lazzaro, The Lazzaro Law Firm, LLC
216-781-7956 / jbristol@crklaw.com
216-696-5000 / anthony@lazzarolawfirm.com
PLEASE DO NOT CONTACT THE COURT.
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