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$26,588.46. The amount recovered included back pay, liquidated
damages, an amount for participating as a member of the class,
and another amount for testifying in a deposition. The parties
did not provide an itemization of these various amounts except
that the notice of deficiency listed $24,210 as liquidated
damages and $16,401 as wages or back pay.
As part of the settlement, petitioner executed an Individual
Certification and Release in favor of PayLess wherein he
acknowledged receipt of documents regarding settlement of the
class action, acknowledged receiving a copy of the Settlement
Agreement that was incorporated by reference as part of his
release, expressly affirmed "the authority of the named
Plaintiffs to release my claims and settle the Lawsuit", and
individually released PayLess in paragraph 8 of the release that
provided, in pertinent part:
In exchange for the payment of the amount * * * [to
petitioner] I 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, 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
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Last modified: May 25, 2011