Allocation of the Net Settlement Fund. Each Settling Plaintiff shall be allocated portions of the Net Settlement Fund (i.e., his or her Settlement Award) in the manner prescribed in Section VII(B)(6). Class Members’ Settlement Awards shall be totaled. If the total Claimed Settlement Awards is less than $10,000, then the difference between $10,000 and the total Settlement Awards shall be divided among the Selected Electronically Filed - Christian - June 21, 2018 - 02:10 PM Charities. If the total Settlement Awards exceeds the Net Settlement Fund, each Class Member’s Settlement Award will be proportionally reduced so that the total Settlement Awards equals the Net Settlement Fund. Defendants have the right to challenge each Claiming Class Member’s Settlement Award. However, such challenges shall not be unduly burdensome to Claiming Class Members in light of the size of the relative Award.
Allocation of the Net Settlement Fund. (i) A Class Member who does not opt out pursuant to Section 6(E)(ii)(F) will be deemed eligible for a payment hereunder and will be a Class Member.
Allocation of the Net Settlement Fund. Each Settling Plaintiff shall be eligible to receive the greater of: (i) $100; or (ii) his or her proportionate share of the Net Settlement Fund as described herein. The Net Settlement Fund is the Gross Settlement Fund less the sum of (1) Attorneys’ Fees and Costs, (2) one-half of the fees and expenses of the Claims Administrator, (3) the Allocation Correction Set-Aside and (4) the Service Payment to Plaintiff. The Net Settlement Fund shall be divided into two Settlement Pools: the Driver Settlement Pool and the Dispatcher Settlement Pool. The amount of the Driver Settlement Pool is estimated to be approximately $545,166.67 and shall be allocated to Settlement Class Members who worked as delivery drivers. There are approximately 192 Settlement Class Members who are eligible to participate in the Driver Settlement Pool. The amount of the Dispatcher Pool is estimated to be $25,000 and shall be allocated to Settlement Class Members who worked as dispatchers only. There are approximately 12 Settlement Class Members eligible to participate in the Dispatcher Settlement Pool. Each delivery driver will receive his or her proportionate share of the Driver Settlement Pool based upon the percentage of miles that the driver drove during the Class Period compared to the class-wide total adjusted mileage based on Plaintiff’s expert, Xxxx Xxxxxx’x mileage calculations. The mileage for drivers who were FLSA opt-in members shall be adjusted upward using a multiplier of 1.2 in recognition of their support of the case during the pendency of this litigation. In those limited instances where the driver’s mileage calculations are unavailable, their mileage will be estimated using the average mileage per delivery for the Settlement Class times the approximate number of deliveries made by the driver as ascertained from the delivery data. Each dispatcher shall receive his or her proportionate share of the Dispatcher Settlement Pool based upon the number of weeks worked by that dispatcher to the total weeks worked by all dispatchers during the Class Period. The number of weeks for dispatchers who were FLSA opt-in members shall be adjusted upward using a multiplier of 1.2 in recognition of their support of the case. To the extent the information described above or necessary to calculate a Settling Plaintiff’s distributive share is unavailable, the Parties will assign the minimum recovery of $100 to such Settling Plaintiff
Allocation of the Net Settlement Fund. The net Settlement Fund payment shall be the Claimable Funds (i.e., the remains of the Settlement Fund after being first reduced by the Guaranteed Funds, the award of Class Counsel’s Fees, $50,000 in settlement administration expenses, and the awarded Service Payment). They shall be allocated to the individual Class/Collective Members as calculated by Class Administrator in accordance with the terms of this Agreement. The method used to calculate the Settlement Fund payment due to each Class/Collective Member is described in detail in Exhibit B.
Allocation of the Net Settlement Fund. The Net Settlement Fund will be distributed as follows: fifty (50) percent to the Rule 23 Class (the “Rule 23 Distributions”) and fifty (50) percent for the FLSA Collective (the “FLSA Distributions”). For the Rule 23 Class amount, each Rule 23 Class Member will be assigned his or her proportionate share of the Net Settlement Fund based on his or her weeks worked within the Rule 23 class period in which he or she did not work more than 40 hours. For the FLSA Collective, each member of the FLSA Collective will be assigned his or her proportionate share of the Net Settlement Fund based on his or her weeks worked within the FLSA Collective period in which he or she worked more than 40 hours, with a minimum amount of $25 per member of the FLSA Collective. Individuals who are members of both the FLSA Collective and Rule 23 Class will receive payments from the Rule 23 Distributions and FLSA Distributions, but will not receive duplicative recoveries. These amounts take into account each Class Member’s unique payroll and time records and a uniform assumed number of unpaid pre- and post-shift minutes worked per shift. Any amounts unclaimed by a Rule 23 Class Member will be redistributed to the Net Settlement Fund. Thus, the estimated settlement amount provided in the notice to Class Members will increase if all Rule 23 Class Members do not file a claim.
Allocation of the Net Settlement Fund. 3.1 Following Final Approval, after payment of, or provision for, all current or anticipated costs of administration, attorneys’ fees, expenses, and plaintiff incentive awards as awarded by the Court, the Net Settlement Fund will be distributed by the Settlement Administrator, as set forth in this Section 3.
Allocation of the Net Settlement Fund
