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to the unpaid overtime compensation under section 16(b) of the
Fair Labor Standards Act of 1938 (FLSA), ch. 676, 52 Stat. 1069,
currently codified at 29 U.S.C. section 216 (1994), and
attorney’s fees and costs. The complaint was never amended
during any time relevant to the class action lawsuit.
On January 25, 1995, an Order approving the settlement of
the class action lawsuit was signed by Larry M. Boyle, United
States Magistrate Judge. The Settlement Agreement and Release
(Settlement Agreement) states:
3. Release of PayLess by the Plaintiffs
In exchange for the payment of the amount set forth in
paragraph 7 below, and in consideration of the mutual
promises and covenants contained in this Settlement
Agreement, the Named Plaintiffs on behalf of themselves
and the Individual Plaintiffs, upon the signing by each
Individual Plaintiff of the release required by
paragraph 9(b) of this document, hereby release and
discharge PayLess, Thrifty Payless, Inc., their
parents, agents and assigns 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 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, 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 on
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 PayLess.
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