COM 0046.000 2004-2006 - Laserfiche WebLink

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17. The parties agree that, in aid of winding up the Litigation in this matter, they will take the following steps: A. Plaintiffs and the County agree for the purposes of this settlement and its implementation that this Litigation will proceed as a class action under Federal Rule of Civil Procedure 23(b)(3) in addition to the FLSA collective action. The Rule 23 class is defined as all full-time police officer and firefighter employees employed by the County at any time between April 24, 2000 and June 30, 2002 who were not exempt from eaming overtime compensation and have not filed consents to join the FLSA action (hereina$er referred to as the "Class"). B. Plaintiffs' Counsel shall prepare a proposed notice to the Class members to be distributed to the Class. The notice shall inform the Class of their automatic inclusion in the settlement class, their respective right to opt out of the lawsuit, summarize the major terms of this Settlement Agreement, explain the procedures and deadlines for submitting written comments or objections, and state the date and time of the settlement hearing. The notice shall be as approved by the parties, or in the event of disagreement, as approved by the Court. Plaintiffs' counsel shall send direct notice by mail to identifiable Class members C. The parties cooperate in the providing of notice to potential Class members. The County agrees that, if approved by Magistrate Chang, it will attach a copy of the notice to the paychecks of potential Class members who remain employed by the County, and will mail notices to potential Class members who do not remain employed by the County. D. The parties agree that the undersigned Plaintiffs are appropriate representative plaintiffs in the Class action. E. As representatives of the Class, Gary Todd and Wayne De Motta agree as follows: (1) The allocation of $473,076.95 of the total settlement amount to Class members is fair, and provides Class members with fair compensation for their claims; (2) The payment to Class members of the settlement amount and this Agreement shall constitute a full and complete release, acquittal and discharge of the County from any and all claims under the Statutes, including the FLSA, demands, or causes of action of any kind for back wages, unpaid straight-time compensation, unpaid overtime compensation, unpaid compensatory time off, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which the Class members have or might have, known or unknown, now existing or that might arise until the date of the execution of the Release, directly or indirectly related to any past failure or refusal on the part of the County to comply with the Statutes as described in this Settlement Agreement. This release includes all such claims or causes of action for attorney fees or cost, now or in the future, whether asserted in this litigation or not. F. The provisions of this Agreement shall apply to all members of the Class. Class membership alone does not necessarily make monetary relief available. Class members are entitled to relief only as specifically stated in this Agreement. 4