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

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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. 2
CONSENT TO OPT INTO LAWSUIT, RELEASE AND DISMISSAL OF CLAIMS I consent to opt into the lawsuits, Warren, et al. v. Race, et al., Case No. 1:09-CV-2670 (“the Lawsuit”) and Warren, et al. v. Kettlewell, et al., Case No. 1:09-CV-2285 (the “Related Lawsuit”) pending in the U.S. District Court for the Northern District of Ohio. I agree to be represented by Cohen, Rosenthal & Kramer LLP and The Lazzaro Law Firm, LLC, to be bound by the settlement, and fully and finally release any claims or rights I may have in connection the Lawsuit and Related Lawsuit. In exchange, I hereby release all wage and compensation claims – including, but not limited to, all claims for non-payment of wages, vacation pay, paid time off, and expense reimbursement – that I now have or may have, both known and unknown, against InkStop, Inc., its parent company(ies), subsidiaries, division, affiliated businesses, predecessors and assigns, if any, together with its and their respective past and present owners, stockholders, assigns, agents, directors, officers, employees, representatives, attorneys, benefit plans, plan fiduciaries and/or administrators, and all persons acting by, through, under, or in concert with any of them, including (but not limited to) any party that was or could have been named as a defendant in the Lawsuit or the Related Lawsuit (collectively, “Releasees”). I also hereby waive and release any compensation-related claims I have or may have in the bankruptcy proceedings involving InkStop, Inc. My releases and waivers include all claims under the Fair Labor Standards Act, 29 U.S.C. §201, et seq., and any applicable state laws. I understand that I will receive a one-time payment of $__________ (“Payment”), less federal and state tax withholdings and deductions required by law. I also hereby consent to the dismissal of the Lawsuit and the Related Lawsuit and any and all claims that were or could have been raised in the Lawsuit and the Related Lawsuit by and through the Named Plaintiffs and/or my above-approved legal counsel. I hereby designate counsel for the Named Plaintiffs to execute all appropriate documents to effectuate my payment and the settlement of the Lawsuit or the Related Lawsuit. I have carefully read and fully understand all items in this agreement and am voluntarily signing it. I understand that if I have any questions, I know I have the right to discuss this agreement with my own private attorney. I also understand that any issues relating to this agreement will be addressed under the laws of the State of Ohio. PLEASE READ AND CONSIDER THIS AGREEMENT CAREFULLY BEFORE EXECUTING. THIS AGREEMENT INCLUDES A RELEASE OF ALL WAGE AND COMPENSATION CLAIMS. ___________________________________ Signature ___________________________________ Social Security No. (required for a payment) ___________________________________ Date FAX to: 216-696-7005 E-MAIL to: inkstop@lazzarolawfirm.com; or MAIL to: InkStop Settlement c/o The Lazzaro Law Firm, LLC 920 Rockefeller Building 614 W. Superior Avenue Cleveland, OH 44113 3 Name/Address Corrections: ___________________________________ ___________________________________ ___________________________________ ___________________________________ Phone Number ___________________________________ Email Address On or before April __, 2010 to receive priority. The final deadline is June __, 2010.
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MELANIE WARREN and CAROL LASKOSKI,
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MICHAEL SHAUGHNESSY (“Directors
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C. The term “Other Eligible Settl
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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 and 14: (c) Participants who fall within bo
Page 15 and 16: similarly situated employees exists
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: NOTICE OF SETTLEMENT OF INKSTOP LAW
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
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