-4-
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.
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. The agreement contains
the statement that “All Settlement Proceeds are paid to the
Plaintiffs on account of personal injuries”. (Emphasis added).
Moreover, the release contains the following paragraph:
3. Release of PayLess by the Plaintiffs
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
of emotional distress, and from all known claims,
whether based in tort, statute or contract, which are
based in whole or in part, or arise out of, or in any
way relate to: (1) the Lawsuit; and (2) anything done
or allegedly done by PayLess arising out of, or in
conjunction with or relating to, the employment of any
and/or all Plaintiffs prior to November 1, 1992 by
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