Rite Aid Pharmacist Wage and Hour Cases Class Action Settlement c/o Rust Consulting, Inc. - 4783 P. O. Box 2361 Faribault, MN 55021-9061 Important Legal Document: You May Receive Money from a Class Action Settlement. Your Prompt Reply Is Required *Barcode39* - <<SequenceNo>> <<Name1>> <<Name2>> <<Name3>> <<Name4>> <<Address1>> <<Address2>> <<City>> <<State>> <<Zip10>> <<CountryName>> Superior Court of California, County of Los Angeles RITE AID PHARMACIST WAGE AND HOUR CASES Case No. J.C.C.P. 4583 CLAIM FORM FOR OFFICIAL USE ONLY 01 Page 1 of 3 To receive a Settlement Payment, you must date, print and sign your name, and include the last four (4) digits of your Social Security Number at the bottom of this Claim Form and submit it by U.S. Mail in the enclosed pre-printed, postage paid envelope, or by fax or email listed below, on or before October 19, 2015. MAIL TO: Rite Aid Pharmacist Wage and Hour Class Action Settlement c/o Rust Consulting, Inc. - 4783 P.O. Box 2361 Faribault, MN 55021-9061 Fax: 1 (866) 886-6884 Email: info@pharmacistsettlement.com INSTRUCTIONS 1. It is strongly recommended that you retain proof of your timely mailing, faxing or email until receipt of your Settlement Payment check. Upon receipt of your check, you should immediately deposit or cash that check or otherwise risk having it voided. 2. You MUST notify the Settlement Administrator of your new address in writing each time you move, to help ensure receipt of your Settlement Payment. You should retain proof of the notification. Name/Address Changes, if any: <<ClaimantID>> <<Name>> <<Address>> <<City>>, <<State>> <<Zip Code>> Home or Cell Telephone Number: ( ) - QUESTIONS? Call Toll Free 1 (877) 878-6878. DEADLINE TO POSTMARK, FAX OR EMAIL CLAIM FORM: OCTOBER 19, 2015. *4783* *CF* *RUST*
*Barcode39* CLAIM FORM Rite Aid Pharmacist Wage and Hour Cases Los Angeles Superior Court A. Case No. J.C.C.P. 4583 Your Employment Information and Estimated Distribution Rite Aid s records show you were employed an a pharmacist and/or pharmacy manager in California at some point during the Class Period, Novermber 21, 2003 through August 25, 2014, and worked <<WorkWeeksA>> weeks during the first part of the Class Period, from November 21, 2003 through July 31, 2010 ( Period A ), and worked <<WorkWeeksB>> weeks during the second part of the Class Period, August 1, 2010 through August 25, 2014 ( Period B ). (See Section 13 of the enclosed Notice of Class Action Settlement (the Notice )). If you submit this Claim Form in a timely manner, dated, printed and signed, and provide the last four (4) digits of your social security number, as instructed herein, it is estimated that you will receive approximately $<<EstimatedAward>>, less payroll deductions. This calculation is based upon Rite Aid s records and based on the assumption that all Class Members will participate in the Settlement. This estimated amount may vary depending upon the number of Class Members who choose to participate in the Settlement and the amounts awarded by the Court as described in the Notice. B. If You Choose to Dispute the Number of Weeks You Worked If you would like more information about the manner in which your share of the Net Settlement Amount is calculated, please contact the Settlement Administrator at 1 (877) 878-6878. If you dispute the basis for the calculation of your share of the Net Settlement Amount, i.e., the number of weeks worked during either Period A or Period B, you must mail to the Settlement Administrator, on or before October 19, 2015, your statement setting forth the reasons you believe the calculation is incorrect. You must include any documentation supporting your position. Even if you dispute the basis for the calculation of your share of the Net Settlement Amount, you must sign and complete this Claim Form and submit this Claim Form to the Settlement Administrator by the above deadline (along with the information and documentation in support of your dispute) to receive your share of the Net Settlement Amount. The Settlement Administrator will evaluate the information and/or documents you submit and, after reviewing Rite Aid s records, the Settlement Administrator, together with the Parties Counsel, will attempt to informally resolve the dispute. Unresolved disputes will be decided by the Settlement Administrator, and that decision will be final and binding. The Settlement Administrator will notify you of any informal resolution or, if an informal resolution cannot be reached, its decision, in writing. C. Release of Claims My signature constitutes a full and complete release, discharge and covenant not to sue Defendants, and any of their present, former and future parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective past and present members, shareholders, directors, officers, employees, agents, servants, registered representatives, insurers and attorneys (collectively hereafter, the Released Parties ) from any and all claims, debts, liabilities, demands, claims for restitution or injunctive relief, obligations, guarantees, costs, expenses, attorneys fees, damages, penalties, actions, or causes of action of whatever kind or nature, whether known or unknown, that were raised in the class actions or reasonably arise out of the allegations in the Complaints, from November 21, 2003, through August 25, 2014, including but not limited to all claims under the California Labor Code (including but not limited to Sections 200, 201, 202, 203, 204, 210, 218, 226, 226.3, 226.7, 510, 512, 515, 558, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, and 2699), the California Industrial Welfare Commission Wage Orders, and California Business and Professions Code sections 17200, et seq. I understand that by submitting this Claim Form I also release any and all minimum wage, overtime, and recordkeeping claims under federal law, including but not limited to all minimum wage, overtime, and recordkeeping claims under the Fair Labor Standards Act, 29 U.S.C. 201, et seq. (including all claims for liquidated damages thereunder), through August 25, 2014. I acknowledge and understand that the Release above is also intended to include in its effect all such released claims whether or not I know or suspect them to exist. Accordingly, except as otherwise excluded or excepted, I waive all rights and benefits afforded by Section 1542 of the Civil Code of the State of California with respect to the claims released in the paragraph immediately above only, and do so understanding the significance of that waiver. Section 1542 provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. QUESTIONS? Call Toll Free 1 (877) 878-6878. DEADLINE TO POSTMARK, FAX OR EMAIL CLAIM FORM: OCTOBER 19, 2015. Page 2 of 3
*Barcode39* Although the Release above is not a general release of all claims, I nonetheless expressly acknowledge that I am waiving the protections of Section 1542 as it reasonably relates to the claims being released herein. D. Required Signature and Completing This Form To receive the estimated Settlement Payment share shown above, you must print and sign your name, and date this Claim Form, provide the last (4) digits of your Social Security Number, and submit it by fax, email, or by first-class U.S. Mail in the envelope provided, postmarked on or before October 19, 2015. Dated:, 2015 Print Name (required): Signature (required): Last four (4) digits of your Social Security Number (required): XXX-XX- QUESTIONS? Call Toll Free 1 (877) 878-6878. DEADLINE TO POSTMARK, FAX OR EMAIL CLAIM FORM: OCTOBER 19, 2015. Page 3 of 3
TO: SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES RITE AID PHARMACIST WAGE AND HOUR CASES J.C.C.P No. 4583 NOTICE OF CLASS ACTION SETTLEMENT A court authorized this Notice. This is not a solicitation. This is not a lawsuit against you and you are not being sued. However, your legal rights are affected whether you act or don t act. All persons who were formerly employed by Rite Aid, and who worked for Rite Aid in California as a Pharmacist and/or Pharmacy Manager at any time during the period from November 21, 2003 through August 25, 2014. You received this Notice because Rite Aid s records identify you as a Class Member who is entitled to submit a claim to receive your proportional share of the Settlement proceeds as described in this Notice. This Notice explains the terms of the proposed Settlement and sets forth the procedures for claiming your share of the Settlement, or for objecting to or requesting exclusion from the Settlement. The Court has not decided whether or not to finally approve the Settlement. Payments will be made only if you file a claim, and only after the Court approves the Settlement and any appeals are resolved. Please be patient. If you are a Class Member, your options with respect to the Settlement are summarized in the following chart: YOUR RIGHTS AND OPTIONS REGARDING THE SETTLEMENT A. Get a Settlement Payment. YOU MUST SUBMIT THE ENCLOSED CLAIM FORM TO RECEIVE A SETTLEMENT PAYMENT. If you are a Class Member (defined above), you will receive a proportionate share of the Settlement described in this Notice only if you sign, date, and submit the enclosed green Claim Form postmarked on or before October 19, 2015. It is estimated that you will receive $<<EstimatedAward>> if you timely submit a valid Claim Form. However, this amount may be higher or lower based on the factors described below in Sections 12 and 13 of this Notice. The enclosed green Claim Form also sets forth an estimate of your proportionate share of the Settlement. B. Object to the Settlement. So long as you do not request to be excluded, you may also object to the Settlement if you submit your written objection in the manner set forth in Section 8 below, postmarked on or before October 19, 2015. C. Request to be Excluded. You may request to be excluded from the Settlement in the manner set forth below in Section 10, which must be postmarked on or before October 19, 2015. If you request exclusion from the Settlement, you will not be entitled to receive your proportionate share of the Settlement. D. Do Nothing If you do not submit a timely Claim Form and do not request to be excluded from the Settlement, you will release claims (as described in Section 15 below), but you will not receive a Settlement Payment. A timely Claim Form is required to receive a Settlement Payment. PLEASE READ THIS NOTICE CAREFULLY A. BASIC INFORMATION 1. What Is This Class Action About? On November 21, 2007, Plaintiffs Robert Chase and Sheldon Scherwin filed a Class Action Lawsuit in Los Angeles Superior Court against Rite Aid on behalf of pharmacists and pharmacy managers who worked for Rite Aid in California. On January 23, 2009, Plaintiff Steven Kyle brought a similar lawsuit against Rite Aid. The two separately-filed lawsuits alleged Rite Aid failed to provide meal and rest periods, failed to pay overtime compensation, failed to furnish timely and accurate wage statements, and failed to timely pay final wages to pharmacists and/or pharmacy managers within California. These two cases were subsequently coordinated in the Superior Court of California, County of Los Angeles, Case No. J.C.C.P. 4583, and are currently assigned to the Hon. Amy D. Hogue. The Parties then engaged in settlement discussions, facilitated by an experienced mediator, which were ultimately successful. - 1 -
Class Counsel and Counsel for Rite Aid documented a settlement that was preliminarily approved by the Hon. Amy D. Hogue on July 6, 2015. As described herein, this Notice concerns that Settlement. 2. Why Did I Receive This Notice? Rite Aid s records indicate you were formerly employed by Rite Aid as a pharmacist and/or pharmacy manager in California some time during the period from November 21, 2003 through August 25, 2014 (the Class Period ). If you submit a valid and timely Claim Form, you will be entitled to a proportionate share of the Net Settlement Amount (defined in Section 12, below), which will be distributed contingent upon final approval of the Settlement by the Court. 3. Who Are the Parties in This Action? Robert Chase, Sheldon Scherwin, and Steven Kyle are the Plaintiffs, who were appointed the Class Representatives by the Court, act on behalf of all members of the Class. These Plaintiffs have been key participants in this litigation since its inception. The Defendants are Rite Aid Corporation, Thrifty Payless, Inc., and Thrifty Corporation. 4. What Is Defendants Position Regarding These Allegations? Rite Aid has denied and continues to deny all of the allegations made by the Class Representatives. Rite Aid contends that it has complied at all times with the California Labor Code, the California Business & Professions Code, and all similar federal and state laws. Rite Aid, nevertheless, agrees to the Settlement and encourages all present and former employees to participate. 5. Has the Court Decided Who Is Right? No. The Court has not decided anything yet, only that you should get notice of the Settlement so that you can review the Settlement, and determine whether you want to complete a Claim Form to participate in the Settlement, object to it, or exclude yourself from the Settlement. 6. Why Is This Class Action Being Settled? After arm s-length and good-faith settlement negotiations presided over by Lynn Frank, an experienced wage and hour mediator, the Parties have reached a Settlement that, if approved by the Court, will resolve this Class Action rather than having to proceed with the uncertainty and protracted expense of further litigation. Counsel for Plaintiffs and Class Members believe the proposed Settlement is in the best interests of the Class, as Rite Aid has agreed to pay $9,000,000 to resolve all claims alleged in this coordinated action. In addition, this matter has been pending since 2007. Without a settlement, continued litigation would present further delay and additional risk. Without a settlement there could be many more years of litigation in a trial court and potentially on appeal. The Settlement ends the continued expense of further litigation, the risk and uncertainty of possible negative future outcomes and attendant delay. B. YOUR RIGHTS AND OPTIONS 7. How Do I Make a Claim to Get a Settlement Payment? To claim your proportionate share of the Net Settlement Amount, you must date, print and sign your name, provide the last four (4) digits of your Social Security Number beneath your signature on the Claim Form and submit the Claim Form to the Settlement Administrator by fax, email or by mail postmarked on or before October 19, 2015. A pre-printed, postage-paid envelope has been enclosed for your convenience. If you have lost or misplaced the return envelope, you may submit your Claim Form to the Settlement Administrator at the following address: Rite Aid Pharmacist Wage and Hour Cases Class Action Settlement c/o Rust Consulting, Inc. - 4783 P. O. Box 2361 Faribault, MN 55021-9061 Fax: 1 (866) 886-6884 Email: info@pharmacistsettlement.com Rite Aid is prohibited by law from retaliating against any employee who chooses to participate or chooses not to participate in this Settlement. - 2 -
8. How Do I Object to the Settlement? If you believe any term of the Settlement is unfair or inadequate, you may object, personally or through an attorney, by submitting a copy of your objection to the Settlement Administrator at the address set forth above in Section 7. You cannot object to the Settlement and exclude yourself from the Settlement. Your objection must include: (1) the name of the case and case number, Rite Aid Wage and Hour Cases, Case No. J.C.C.P. 4583; (2) your full name; (3) your address; (4) the dates of your employment; (5) your position; (6) clear concise terms as to the reason why you are objecting to the Settlement; (7) a statement of whether or not you intend to appear at the final approval hearing; and (8) your dated signature. To be effective, your objection must be postmarked on or before October 19, 2015. Do NOT telephone the Court or the attorneys for Rite Aid. If the Court rejects your objection, you will still be bound by the terms of the Settlement. You will not be able to exclude yourself from the Settlement. Furthermore, if you intend to object to the Settlement, but wish to receive your share of the Settlement (in case your and any other objections are overruled), you must timely submit a completed Claim Form. If the Court approves the Settlement despite any objections, and you do not timely file a completed Claim Form, you will not receive payment under the Class Settlement, but you will still be bound by the terms of the Settlement, including the Release of Claims (See Section 15, below). 9. What if I Do Nothing? If you do nothing, you will not receive payment under the Settlement. Moreover, unless you exclude yourself from the Settlement in the manner described in Section 10, below, you will be bound by the terms of the Settlement and the Release of Claims described in Section 15, below. Therefore you will not be able to pursue any claims against Rite Aid that are being released as part of the Class Settlement. 10. May I Exclude Myself from the Class Action Settlement? Yes. If you wish to exclude yourself from the Settlement, you must provide to the Settlement Administrator a timely, signed and dated, written request to be excluded. The written statement must, in substance, state the following, and must explain why you have elected to exclude yourself from the Settlement: I wish to be excluded from the Class Action Lawsuit and Settlement entitled Rite Aid Wage and Hour Cases, Case No. J.C.C.P. 4583, filed in the Superior Court of California, County of Los Angeles. I understand that by requesting to be excluded from the Settlement, I will receive no money from the Settlement described in the Notice, which I have received and read. I have decided to exclude myself from the Settlement because (state reason(s)). The request for exclusion must include your full name (and former names, if any), current address, telephone number, last four digits of your Social Security Number, your name printed, your signed signature, and the date of your signature. The request for exclusion must be submitted by fax, email or by mail to the Settlement Administrator, postmarked on or before October 19, 2015, at the following address: Rite Aid Pharmacist Wage and Hour Cases Class Action Settlement c/o Rust Consulting, Inc. - 4783 P. O. Box 2361 Faribault, MN 55021-9061 Fax: 1 (866) 886-6884 Email: info@pharmacistsettlement.com Requests for exclusion that are not timely submitted will be disregarded. If you request to be excluded from the Settlement, you will not receive any money from the Settlement, and you will not be considered to have released your claims alleged in the Class Action. Please do NOT submit both a timely Claim Form and a request for exclusion. Should you do so, your request for exclusion will be deemed to be invalid, your Claim Form will be accepted for payment, and you will be bound by the terms of the Settlement. - 3 -
C. THE LAWYERS WHO REPRESENT YOU 11. Who Represents Me in This Class Action? The Court has determined that the law firms of Patterson Law Group, APC, Stonebarger Law, APC, Cohelan Khoury & Singer, and the Law Offices of Mark E. Merin (collectively, Class Counsel ) are qualified and were appointed to represent all members of the Class in the action and Settlement. Class Counsel are experienced in handling similar wage and hour class action lawsuits. Their contact information is provided at the end of this Notice. You do not have to pay Class Counsel s fees and litigation expenses. However, you are responsible for the fees of any attorney you hire on your own. The fees and litigation expenses that the Court approves for Class Counsel will be paid by Rite Aid from the proposed Settlement. D. THE TERMS OF THE SETTLEMENT 12. The Proposed Settlement and Net Settlement Amount Without admitting any wrongdoing, Rite Aid has agreed to pay $9,000,000, (the Gross Settlement Amount ) to fully resolve the claims regarding liability and for Class Counsel s attorney s fees in this Class Action. Plaintiffs Counsel have litigated this case for over six years and have invested substantial time, effort and skill in this matter to obtain the results that have brought about this proposed Settlement. In order to receive their attorney s fees for this work and for achieving this result, Plaintiffs Counsel intend to apply to the Court for a common fund fee award of up to, but no more than, a third of the Settlement Amount, subject to Court approval. Subject to Court approval, a number of deductions will be made from the $9,000,000 Gross Settlement Amount to account for: (a) attorney fees of up to $3,000,000; (b) litigation expenses of approximately $200,000; (c) a $25,000 Class Representative Service Payment award to each of the three Class Representatives for the initiation of the actions, work performed, risks taken for the payment of attorneys fees and costs in the event this case had been lost, potential loss of future job opportunities due to stigma, and a general release of all claims; (d) approximately $50,000 in settlement administration costs to Rust Consulting, Inc.; (e) a $45,000 Private Attorney General Act ( PAGA ) payment to the California Labor and Workforce Development Agency (LWDA) for Civil Penalties; and (f) employer payroll taxes. After these deductions, and subject to Court-approval, the remaining sum (i.e., Net Settlement Amount) is estimated to be approximately $5,630,000, less employer payroll taxes (which cannot be determined until the claims process is completed). The Net Settlement Amount ( NSA ) may vary if the Court does not approve the requested amount for fees, litigation expenses, or Class Representative Service Payment awards, or the costs of administration are different than estimated. Should every member of the Class participate in the Settlement, the entire NSA will be distributed to the Class. If, however, not all Class Members participate and less than 70% of the NSA is claimed by participating Class Members, the difference up to 70% of the NSA, will be distributed on a proportionate basis to participating Class Members. The unclaimed portion of the NSA over and above 70% will remain with Rite Aid. 13. What Will I Receive from the Proposed Settlement? If you are a Class Member and you submit the enclosed Claim Form signed, dated, and submitted by fax, email or by mail postmarked on or before October 19, 2015, you become a qualified claimant and you can expect to receive your share of the NSA, based upon the number of weeks you worked as a pharmacist and/or pharmacy manager during the Class Period divided by the total number of weeks worked as a pharmacist and/or pharmacy manager by all Class Members during the Class Period. The precise formula for distribution of the NSA to qualified claimants is as follows: a) The NSA will be allocated eighty-five percent (85%) to Period A and fifteen percent (15%) to Period B. Period A is from November 21, 2003 through July 31, 2010, and Period B is from August 1, 2010 through August 25, 2014. This allocation is made to account for the fact that Period A is longer than Period B and because Rite Aid substantially modified its rest and meal break practices, in part in response to this lawsuit, during Period B. b) A Class Member s share from the Period A allocation will be determined by the number of weeks he or she worked during Period A, if any, divided by the number of weeks worked by all Class Members collectively during Period A, multiplied by 85% of the NSA. Based on this formula, for each week worked during Period A, a Class Member may receive $8.98. c) A Class Member s share from the Period B allocation will be determined by the number of weeks he or she worked during Period B, if any, divided by the number of weeks worked by all Class Members collectively during Period B, multiplied by 15% of the NSA. Based on this formula, for each week worked during Period B, a Class Member may receive $2.50. - 4 -
Your individualized Claim Form reflects the number of weeks you worked during Period A and/or Period B according to Rite Aid s records, along with an estimate of your proportionate share of the Settlement. The Settlement treats qualified claimants Settlement Payments as 33.33% wages for which an IRS Form W-2 will be issued and from which withholdings will be taken, and the remaining 66.66% as payment for alleged interest and penalties, for which IRS Forms 1099 will be issued, without withholdings or deductions taken. Settlement Payments made to qualified claimants will not be subject to matching contributions or included as benefits-eligible earnings under any of Defendants benefit plans, bonus programs, or compensation policies. 14. If I Want More Information About the Calculation of My Settlement Payment, What May I Do? If you would like more information about the manner in which your share of the Net Settlement Amount is calculated, please contact the Settlement Administrator at 1 (877) 878-6878. If you dispute the basis for the calculation of your share of the Net Settlement Amount, you must, fax, email or mail to the Settlement Administrator, on or before October 19, 2015, your statement setting forth: (a) your job positions held during the period from November 21, 2003 through August 25, 2014; (b) the number of weeks worked during the period from November 21, 2003 through August 25, 2014; (c) the reasons you believe the basis for the calculation is incorrect; (d) and you must include any documentation supporting your position. (You may need to add additional postage to the enclosed pre-printed, postage paid-envelope, if you are submitting the supporting information and/or documentation that weighs more than an ounce.) The Settlement Administrator will evaluate the information and/or documents you submit and, after reviewing Rite Aid s records, the Settlement Administrator, together with the Parties Counsel, will attempt to informally resolve the dispute. Unresolved disputes will be decided by the Settlement Administrator, and that decision will be final and binding. The Settlement Administrator will notify you, in writing, of any informal resolution or its decision if an informal resolution cannot be reached. E. THE RELEASE OF CLAIMS 15. What Claims Will Be Released? Unless you exclude yourself from this Settlement, you will release and will no longer be able to sue Defendants for certain claims, whether you were aware of them or not, for the time period from November 21, 2003, through August 25, 2014. This Release includes, but is not limited to, claims for: (i) unpaid wages, including unpaid overtime and minimum wages; (ii) failure to provide meal periods; (iii) failure to provide rest breaks; (iv) failure to furnish timely and accurate wage statements; and (v) failure to pay all wages upon termination of employment, under California law, including the California Labor Code, the California IWC Wage Orders, and the California Business and Professions Code. If you participate in this Settlement, you will also release minimum wage, overtime and recordkeeping claims under federal law, including the Fair Labor Standards Act. The full text of the Release set forth in the Second Amended Class Action Settlement Agreement and Release Between Plaintiffs and Defendant on file with the Court provides as follows: The Settlement Class and each Class Member fully releases and discharges Defendants, their present, former and future parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective past and present members, shareholders, directors, officers, employees, agents, servants, registered representatives, insurers and attorneys (collectively hereafter, the Released Parties ) from any and all claims, debts, liabilities, demands, claims for restitution or injunctive relief, obligations, guarantees, costs, expenses, attorneys fees, damages, penalties, actions, or causes of action of whatever kind or nature, whether known or unknown, that were raised in the Class Actions or reasonably arise out of the allegations in the Complaints, from November 21, 2003, through August 25, 2014, including but not limited to all claims under the California Labor Code (including but not limited to Sections 200, 201, 202, 203, 204, 210, 218, 226, 226.3, 226.7, 510, 512, 515, 558, 1174, 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, and 2699), the California Industrial Welfare Commission Wage Orders, and California Business and Professions Code sections 17200, et seq. All Former-Employee Class Members who submit a Claim Form, and all Current-Employee Class Members who endorse, deposit, or otherwise negotiate the payment of their Settlement check(s), also release any and all minimum wage, overtime, and recordkeeping claims under federal law, including but not limited to all minimum wage, overtime, and recordkeeping claims under the Fair Labor Standards Act, 29 U.S.C. 201, et seq. (including all claims for liquidated damages thereunder), through August 25, 2014. Each Class Representative and each Class Member acknowledges that the Release above is also intended to include in its effect all such released claims whether or not each Class Representative or each Class Member knows or suspects them to - 5 -
exist. Accordingly, except as otherwise excluded or excepted, each Class Representative and each Class Member waives all rights and benefits afforded by Section 1542 of the Civil Code of the State of California with respect to the claims released in the paragraph immediately above only, and does so understanding the significance of that waiver. Section 1542 provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Although the Release above is not a general release of all claims, each Class Representative and each Class Member nonetheless expressly acknowledge that they are waiving the protections of Section 1542 as it reasonably relates to the claims being released herein. Each Class Member acknowledges that if he/she initiates a new lawsuit against Defendants based on any claim released under this Agreement, and the Court invalidates the Release, any recovery by the Class Member shall be offset by the amount, if any, paid to the Class Member in connection with this Settlement. F. FINAL SETTLEMENT APPROVAL HEARING 16. When Will the Court Consider Whether or Not to Finally Approve the Settlement? The Court will hold a hearing in Department 307 of the Superior Court of California, for the County of Los Angeles, Central Civil West Courthouse, located at 600 S. Commonwealth Street, Los Angeles, CA 90005, on December 21, 2015 at 9:00 a.m. to decide whether or not to finally approve the Settlement as fair, reasonable, and adequate. At that time, the Court also will be asked to approve Class Counsel s request for attorneys fees and reimbursement of litigation costs, the Class Representative Service Payment awards, and the settlement administration expenses. It is not necessary for you to appear at this hearing. If you have timely submitted an objection to the Settlement and you have also included a statement in that objection letter that you intend to appear, you may appear at the hearing to argue your objection to the Court, or have an attorney represent you at the hearing at your own expense, but only if you have submitted an objection which states your intention to appear at the hearing to the Settlement Administrator, postmarked on or before October 19, 2015, in accordance with the instructions above in Section 8. The hearing may be postponed without further notice to the Class. If the Settlement is not approved, the lawsuits will continue to be prepared for trial or other judicial resolution. G. FURTHER INFORMATION 17. How Do I Get More Information? This Notice provides a summary of the basic terms of the Settlement. If you have more questions about this Notice or the Class Action Lawsuit, you can contact Plaintiffs Counsel/Class Counsel, whose contact information is shown below, or call the Settlement Administrator at 1 (877) 878-6878. PLEASE DO NOT TELEPHONE OR WRITE THE COURT, THE OFFICE OF THE CLERK, RITE AID, OR RITE AID S ATTORNEYS FOR INFORMATION REGARDING THIS SETTLEMENT. - 6 -
COUNSEL FOR PLAINTIFFS AND THE CLASS: James R. Patterson, Esq. PATTERSON LAW GROUP, APC 402 West Broadway, 29th Floor San Diego, CA 92101 Telephone: (619) 398-4760 Facsimile: (619) 756-6991 jim@pattersonlawgroup.com Gene J. Stonebarger, Esq. Richard Lambert, Esq. STONEBARGER LAW A Professional Corporation 75 Iron Point Circle, Suite 145 Folsom, CA 95630 Telephone: (916) 235-7140 Facsimile: (916) 235-7141 gstonebarger@stonebargerlaw.com Isam C. Khoury, Esq. Michael D. Singer, Esq. Diana M. Khoury, Esq. Kimberly Neilson, Esq. COHELAN KHOURY & SINGER 605 C Street, Suite 200 San Diego, CA 92101 Telephone: (619) 595-3001 Facsimile: (619) 595-3000 Email: Ikhoury@ckslaw.com Email: msinger@ckslaw.com Email: dkhoury@ckslaw.com Email: kneilson@ckslaw.com Mark E. Merin, Esq. LAW OFFICES OF MARK E. MERIN 1010 F Street, Suite 300 Sacramento, CA 95814 Telephone: (916) 443-6911 Facsimile: (916) 447-8336 mark@markmerin.com COUNSEL FOR RITE AID / DEFENDANTS: Glenn L. Briggs, Esq. KADING BRIGGS LLP 100 Spectrum Center Drive, Suite 800 Irvine, CA 92618 Telephone: (949) 450-8040 Facsimile: (949) 450-8033 For the complete terms and conditions of the Settlement, please consult the detailed Second Amended Class Action Settlement Agreement and Release Between Plaintiffs and Defendant located in the files and records maintained for this case in the Office of the Clerk, Superior Court of California, for the County of Los Angeles, Central Civil West Courthouse, 600 S. Commonwealth Street, Los Angeles, CA 90005. A copy of the Second Amended Class Action Settlement Agreement and Release, as well as the Court s Order Granting Motion For Preliminary Approval of Class Action Settlement, can also be located at www.pharmacistsettlement.com. VERY IMPORTANT: 1. If you submit a Claim Form, your Settlement Payment check will be mailed to the address on file with the Settlement Administrator (which is shown on the Notice and/or Claim Form.) You may correct your address where indicated on the Claim Form before mailing it back to the Settlement Administrator. 2. If you move to a different address after submitting your Claim Form, you must immediately notify the Settlement Administrator of your new address and contact information. It is your responsibility to keep a current address on file with the Settlement Administrator to ensure receipt of your Settlement Payment. 3. It is strongly recommended that you keep a copy of your completed Claim Form and proof of its timely submission until after you have received your Settlement Payment check. 4. Upon receipt of your Settlement Payment check, YOU MUST CASH OR DEPOSIT IT IMMEDIATELY. Do not delay. Checks not cashed or deposited before the expiration date (noted on the check), will be voided and the funds represented by those voided checks will be paid to the California Industrial Relations Unpaid Wages Fund. - 7 -