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

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H. Final Deadline. The Final Deadline shall be ninety (90) days after the date of mailing of the Notice, provided, however, the Directors shall have the option to extend the Final Deadline for an additional thirty (30) days. I. Third Stipulated Order. Within seven (7) days after the Final Deadline, the Parties will jointly file with the Court the proposed Third Stipulated Order and Final Judgment (Exhibit 8) (“Third Stipulated Order”). The Parties will attach to the Third Stipulated Order (i) lists of all Existing Opt-In Plaintiffs, and of all Other Eligible Settlement Participants, who returned signed Consent and Release Forms after the Early Deadline but on or before the Final Deadline, and (ii) copies of those individuals’ signed Consent and Release Forms (from which their addresses and social security numbers will be redacted). As to the Existing Opt-In Plaintiffs so listed, the Third Stipulated Order will ask the Court to approve the issuance of payment to them. As to the Other Eligible Settlement Participants so listed, the Third Stipulated Order will ask the Court to grant final approval of the Settlement as to such Other Eligible Settlement Participants, approve the issuance of Individual Payments to them, dismiss their claims with prejudice, and enter final judgment dismissing the Lawsuit and the Related Lawsuit with prejudice. J. Entry of the Third Stipulated Order. Entry by the Court of the proposed Third Stipulated Order is a condition precedent to the implementation of the further steps of the settlement process described below. K. Final Settlement Distributions. Within ten (10) days after the Third Stipulated Order has been entered, the Settlement Administrator will issue (i) Individual Payments to the Existing Opt-In Plaintiffs and Other Eligible Settlement Participants listed therein, less deduction as provided below under Settlement Administration, and (iii) attorneys’ 8
fees to Plaintiffs’ Counsel in an amount equal to the difference between the total of $110,000 and the attorneys’ fees issued to Plaintiffs’ Counsel pursuant to paragraph 2(G) above. 3. Settlement Administration A. Guidelines for Settlement Administration. If the Court approves the Settlement as to the Named Plaintiffs and Existing Opt-In Plaintiffs and preliminarily approves the Settlement as to the Other Eligible Settlement Participants by entering the proposed First Stipulated Order, the Settlement will be administered by both Plaintiffs’ Counsel and Rust Consulting, Inc. or another third-party administrator selected by the Parties (“Settlement Administrator”). The costs of the Settlement Administrator, including the costs of establishing and administering the Qualified Settlement Fund, estimated to be $12,990.00, will be paid by the Directors. The following are general guidelines for administration: (1) Counsel for the Parties compiled the List of Other Eligible Settlement Participants based on a list of allegedly unpaid employees obtained from the Department of Labor and from the InkStop Bankruptcy Trustee, and the List of InkStop Store Managers. Counsel for the Parties compiled the list of InkStop Store Managers based on organizational charts and a payroll record for the last two years of operation obtained from InkStop’s former payroll servicing company. (2) Prior to the mailing of the Notice, lists of the Existing Opt-In Plaintiffs and Other Eligible Settlement Participants, both with last known addresses, will be provided to the Settlement Administrator who will make reasonable efforts to obtain valid current addresses for them through the National Change of Address Database. 9
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: Participants who returned signed Co
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 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
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