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(8) The individual’s claim is then totaled.
(9) The remaining portion of the settlement, that is,
the total settlement minus the amount allocated for
participation and back wages is apportioned in the same
ratio as that of each individual’s calculated back
wages to the total of the calculated back wages for the
class.
(10) The sum of the participation allocation, the back
wages allocation and the liquidated damages allocation
equals each individual’s “Total Recovery.”
(11) From the individual’s total recovery the
contractual attorney fee is then subtracted.
(12) Each individual is then allocated a share of the
costs of the litigation based on the same ratio as that
person’s total recovery to the total settlement
proceeds. That share of the costs is then subtracted.
(13) This leaves each individual with a Net Cash
Recovery.
The settlement allocation was approved by the court on
January 20, 1995. On January 21, 1995, the plaintiffs entered
into a Settlement Agreement and Release (settlement agreement)
executed by PayLess and the class representatives and approved by
the court. The release states the following:
3. Release of PayLess by the petitioner.
In exchange for the payment of the amount set
forth in paragraph 7 below, . . . Plaintiffs . . .
hereby release and discharge PayLess . . . from all
actions, claims, or demands for damages, liabilities,
costs, or expenses, which the Plaintiffs, individually
or collectively, have against PayLess on account of, or
in any way arising out of the claims that were asserted
or that could have been asserted in the Lawsuit by the
Plaintiffs, which Lawsuit is hereby acknowledged as not
fully plead [sic], further including, but not limited
to, claims for personal injuries, intentional
infliction of emotional distress, negligent infliction
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