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ALL » Topics » D. Release and Waiver.

This excerpt taken from the ALL 10-Q filed Nov 1, 2005.

D.            Release and Waiver.

 

The scope of the release and waiver that Class Members are providing Allstate is important, and the full text of that release is attached as an Appendix to this Notice.  In summary, if the settlement is approved by the Court, the scope of the release and waiver upon the Effective Date of the settlement is as follows:

 

1.

All Class Members, including those who do not submit a Claim Form, shall be deemed to have agreed that,

except for the obligations imposed by this settlement, Allstate shall be forever released and discharged from all “Released Claims” (including, without limitation, that Allstate failed to pay Class Members overtime or to provide them with rest breaks and meal periods, or otherwise violated California law with respect to the payment of wages or the maintenance of records) and that the Class representatives and all Class Members shall be barred and enjoined from suing the Released Parties for any liability in any way related to or arising out of any Released Claim. The Released Claims also include any and all claims, of every kind and nature, known or unknown, that were or could have been asserted against Allstate by the Class representatives or Class Members in any type of proceeding, for unpaid overtime compensation and/or statutory penalties, or any other relief sought in the Complaint,or in the

Amended Complaint filed on

 

 in this matter for the period November 27, 1996 through the effective

date of the settlement.

 

2.

Any Class Member who submits a timely or late Claim Form (late claims are described in paragraph 6 of

section VI, below) will also release the Released Parties from the “Released Federal Claims.”  For purposes of the settlement, “Released Federal Claims” includes all “Released Claims” plus any claims under federal law, including under the Fair Labor Standards Act, for failure to pay overtime, to maintain records or for any other claim regarding the payment of wages under federal law.  Released Federal Claims also means any and all claims, of every kind and nature, known or unknown, that were or could have been asserted against Allstate by the Class representatives or Class Members in any type of proceeding, for unpaid overtime compensation and/or statutory penalties, or any other

relief sought in the Complaint, or in the Amended Complaint filed on

 

 in this matter for the

period November 27, 1996 through the effective date of the settlement.

 

4


 

Sekly v. Allstate

Notice Of Class Action Settlement

 

3.             Any Class Member who submits a timely or late Claim Form will also (a) acknowledge that none of the amounts paid under this settlement will constitute compensation under the Allstate Retirement Plan or the Savings and Profit Sharing Fund of Allstate Employees, and will waive any and all claims for additional contributions to and/or benefits under any pension, retirement and/or 401(k) plan maintained or sponsored by Allstate based on any amount paid under the settlement.

 

This summary is for your convenience only.  The full scope of the release and waiver will be governed by the terms of the Settlement Agreement.

 

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