iN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

EBON BONNETTE, KHALID BOSTON, DONNA COX, M. DIANE DIXON, ODESSA DIXON, ROBERT ELUS, MICHAEL FOSTER, JEREL GRIFFIN, MARK HALE, JEAN HOWARD, BERTHA JOHNSON, ELLEN JOHNSON, STEPHANIE JOIINSON, JOHNNY KEGLER. MARY LALOR-TIMMONS, MARCIA LANE, ROBERT LANE, GAIL MARSHALL-JOHNSON, THOMAS MOORE, DELRAY MORGAN, DELORES PRAD, TONEY PROCTOR, WILLIE SANDERS, LOLITA SMITH, BRETT STEVENSON, EVERLENE THOMPSON, OPHELIA TISDALE, RICHARD WALFORD, WANDA WEBB, PATRICIA WHITE, ROBERT WILLIAMS and BONNIE WRIGHT, individually and on belial f of al others similarly situated,

CIVIL ACTION NO.: COM PLAINT CLASS ACTR)NI
JURY TRIAL DEMANDED

Plaintiffs,

V.
ROCHESTER GAS & ELECTRIC CO.,

Defendant.

I. INTRODUCTION Plaintiffs Ebon Bonnette, Khalid Boston, 1)onna Cox, M. Diane Dixon, Odessa Dixon, Robert Ellis, Michael Foster, Jerel GrifÍTh, Mark Hale, Jean howard, Bertha Johnson. Ellen Johnson, Stephanie Johnson, Johnny Kegler, Mary Lalor-Timmons, Marcia Lane. Robert Lane, Gail Marshall-Johnson, Thomas Moore, Delray Morgan, Delores Prad, Toney Proctor, Willie Sanders, Lolita Smith, Brett Stevenson, Everlene Thompson, Ophelia Tisdale, Richard Walford.

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Wanda Webb, Patricia White, Robert Williams and Bonnie Wright (the "Plaintiffs"),
individually and on behalf ofthe class they seek to represent, by and through their counsel of
record, bring this Class Action Complaint (the "Complaint"), against Defendant Rochester Gas & Electric Co. ("RGE"), and allege upon personal knowledge as to themselves and their own acts, and as to all other matters upon information and belief, based upon the investigation made by and through their attorneys, as follows:

11. NATURE OF THE ACTION I. Plaintiffs bring this action as representatives of a class of all African American employees who have worked for Defendant RGE from May 24, 2002 to October 1, 2006 (the "Class").

2. Plaintiffs bring this action under Title VII of the Civil Rights Act of 1964, 42

U.S.C. § 2000e, et seq., as amended by the Civil Rights Act of 1991, 42 U.S.C. § 1981(a) ("Title VII"), the Civil Rights Act of 1866,42 U.S.C. § 1981 ("Section 1981"), and the New York

Human Rights Law, 15 N.Y. Exec. Law § 291 et seq., for injunctive relief, compensatory

damages and punitive damages arising from the terms and conditions of employment imposed by

RGE on the Class.

j.

RGE has engaged in a pattern and practice of discrimination against its African

American employees with respect to compensation, promotions, job assignments, and discipline.

RGE has also created and maintained a hostile work environment for African American

employees, and has retaliated against employees who have complained about Defendant's

discriminatory practices.

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The racial disparities identified by Plaintiffs in compensation, promotions, job assignments, and discipline result from, inter a/ia, RGE's company-wide policy of delegating excessive discretionary authority to managers and department supervisors to make these employment decisions. RGE's managers and department supervisors have exercised their subjective discretion in a racially discriminatory manner that has had a disparate impact on African American employees. RGE is aware of this practice but has Iiuiled to remedy its effects.
The discrimination alleged herein constitutes a continuing violation of the rights of Plaintiffs and the Class.
III. PARTIES Plaintiff Ebon Bonnette is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. He is a current employee of RGE. Plaintiff Khalid Boston is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. He is a former employee of RGE. Plaintiff Donna Cox is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a current employee of RGE. Plaintiff M. Diane Dixon is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a current employee of ROE.
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IO. Plaintiff Odessa Dixon is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a current employee of RGE.
Plaintiff Robert Ellis is ail African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. He is a former employee of RGE.
Plaintiff Michael Foster is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. He is a current employee of RGE.
Plaintiff Jerel Griffin is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. He is a former employee of RGE.
Plaintiff Mark Hale is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. l-le is a current employee of RGE.
Plaintiff Jean Howard is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a former employee of RGE.
Plaintiff Bertha Johnson is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a former employee of RGE.
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Plaintiff Ellen Johnson is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a former employee of RGE.
Plaintiff Stephanie Johnson is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a former employee of RGE.
Plaintiff Johnny Kegler is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. He is a current employee of RGE.
Plaintiff Mary Lalor-Timmons is an African American female citizen and resident
of the State of New York, who has been injured by the acts and practices described herein. She is a current employee of RGE.
Plaintiff Marcia Lane is an African American female citizen and resident olthe State of New York, who has been injured by the acts and practices described herein. She is a current employee of RGE.
Plaintiff Robert Lane is an African American male citizen and resident of the
State of New York, who has been injured by the acts and practices described herein. He is a former employee of RGE.
Plaintiff Gail Marshall-Johnson is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a current employee of RGE.
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Plaintiff Thomas Moore is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. He is a current employee of RGE.
Plaintiff Delray Morgan is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. I-le is a former employee of RGE.
PlaintifT Delores Prad is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a current employee of RGE.
Plaintiff Toney Proctor is an All-jean American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. He is a current employee of RGE.
Plaintiff Willie Sanders is an African American male citizen and resident of the State of New York, who has been injured by the acts and practices described herein. Ile is a current employee of RGE.
Lolita Smith is an African American female citizen and resident of the State of
New York, who has been injured by the acts and practices described herein. She is a current employee of RGE.
Brett Stevenson is an African American male citizen and resident of the State of
New York, who has been injured by the acts and practices described herein. He is a current employee of RGE.
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3 1. Everlene Thompson is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a current employee of RGE.
Ophelia Tisdale is an African American female citizen and resident of the State of New York, who has been injured by the acts and practices described herein. She is a former employee of RGE.
Richard Walford is an African American male citizen and resident of the State of
New York, who has been injured by the acts and practices described herein. He is a former employee of RGE.
Wanda Webb is an African American female citizen and resident of the State of
New York, Who has been injured by the acts and practices described herein. She is a current employee of RGE.
Patricia White is an African American female citizen and resident of the State of
New York, who has been injured by the acts and practices described herein. She is a former employee of RGE.
Robert Williams is an African American male citizen and resident of the State of
New York, who has been injured by the acts arid practices described herein. He is a former employee of RGE.
Bonnie Wright is an African American female citizen and resident of the State of
New York, who has been injured by the acts and practices described herein. She is a current employee of RGE.
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Defendant Rochester Gas and Electric Co. ("RGE") is a public utility organized under the laws of the State of New York, with a principal place of business located at 89 East Avenue, Rochester, New York 14649.

iV. JURiSDICTION AN I) V ENUE

This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 1343, and 42 U.S.C. § 2000e-5. The Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over claims under the New York Human Rights Law, 15. N.Y. Exec. Law §* 291 et seq.
Venue is proper in this District pursuant to 28 U.S.C. § 139 1(b) and (c), because RGE has its corporate headquarters, can be found and conducts business in the Western District
of New York, and because the acts and omissions giving rise to this action occurred in the Western [)istrict of New York.

V. CLASS AC'l'ION ALLEGATIONS

Plaintiffs bring this action individually, and, pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf ofa class consisting of all African American employees of RGE from May 24, 2002 to October 1, 2006 (the "Class"). Plaintiffs are all members of the
Class they seek to represent.

The members of the Class are so numerous that joinder of all members is impracticable. RGE has informed Plaintiffs that the Class contains 15 1 members.
There are questions of law or fact common to the Class, including, without

limitation:

a.

whether RGE's common operating practices and procedures discriminate

against African American employees;

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b. whether RGE's policies or practices have an adverse impact upon the Class, and, if so, whether this impact is justified by business necessity;
e. whether RGE's policy or practice of granting excessive discretionary
authority to its managers and department supervisors to make decisions concerning compensation, promotions, job assignments and discipline negatively affected Class members;
whether RGE has a policy or practice of paying African American
employees less than Caucasian employees br the sanie work;
whether RGE has a policy or practice of grooming Caucasian employees for advancement, while denying these same opportunities to African American employees;
whether RGE has a policy or practice of failing to promote qualified African American employees to higher positions within the Company;
whether RGE has a policy or practice of assigning lesserjob classifications
or wage grades to African American employees than are assigned to similarly situated Caucasian employees;
whether RGE has a policy or practice of assigning less desirable work
assignments to African American employees than are assigned to Caucasian employees; whether African American employees at RGE are subject to a pattern and
practice of racial harassment; whether RGE's conduct alleged herein constitutes a hostile work
environment for the Class; whether RGE has a policy and practice of retaliating against Class
members who oppose RGE's unlawful and discriminator employment practices;
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1.

whether equitable relief is warranted and the nature of such rclief

ni. whether class-wide compensatory damages are warranted; and

n. whether RGE's conduct warrants an award of punitive damages.

Plaintiffs' claims are typical of the claims of the members of the Class. Plaintiffs

collectively have been subjected to each form of the discriminatory common operating policies

and practices and hostile work environment caused by RGE. The policies and practices

complained of in this Complaint affect the entire Class.

Plaintiffs will fairly and adequately represent and protect the interests of the Class.

Plaintiffs have no conflict with the Class members and have retained counsel who are

experienced in class action litigation and cases of this nature.

This action is properly maintainable under Rules 23(b)(2) andlor (b)(3) because:

a) RGE has maintained an ongoing pattern and practice of discrimination on the basis of race

and a hostile work environment, thereby acting or refusing to act on grounds generally applicable

to the Class, making appropriate final injunctive or declaratory relief with respect to the Class as

a whole; and b) questions of law and fact common to the Class predominate over any questions

affecting only individual members and a class action is superior to other available methods for

the fair and efficient adjudication of this case.

VI. FACTUAL ALLEGATIONS

RGE's pattern or practice of discrimination and harassment has created, and

continues to create, a hostile and abusive work environment for African American employees.

RGE's written and unwritten employment policies and practices concerning

compensation, promotions, job assignments and discipline arc not applied uniformly or fairly and

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have had a disparate impact on African American employees. Job decisions are regularly based on managers' subjective and racially-biased decision-making. RGE's conduct toward the Class has also been intentional and constitutes disparate treatment.
49. Internally, ROE has acknowledged that it has had an ongoing problem with promoting African Americans.
50. Throughout the relevant time period, RGE has engaged in employment policies, practices and procedures which have resulted in African Americans's job opportunities being limited, for example:
ROE has placed African Americans in "dead-end" jobs and failed to provide them with advancement opportunities;
ROE has segregated job assignments by race; e. RGE has assigned the least desirable jobs to African American employees;
ROE has paid African Americans less than similarly situated Caucasian employees for the same work; and
RGE has failed to effectively utilize objective criteria in making jobrelated decisions concerning compensation, promotions, job assignments, discipline and terminations.
51. RGE has also created a hostile work environment for its African American employees and has followed a policy or practice of retaliating against African American employees who have complained about its discriminatory policies and practices.
52. Plaintiffs have collectively suffered each of the forms of discrimination alleged herein on behalf of the Class.
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VII. TOLLING OF RELEVANT STATUTES OF LIMITATION By prior written agreements, RGE agreed to toll the relevant statutes of liiriitation
applicable to this Complaint, with respect to all of the claims of Plaintiffs and the Class, from
May 24, 2006 to December 21, 2007. COUNT I
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 42 U.S.C. § 2000e et seq.
(By Plaintiffs Mark hale, Jean Howard, Ellen Johnson, Johnnie Kegler, Thomas Moore, and Delores Prad)
Plaintiffs reallege and incorporate by reference, all preceding paragraphs. Plaintiffs Mark Hale, Jean Howard, Ellen Johnson, Johnnie Kegler, Thomas
Moore, and I)elores Prad have filed Charges of Discrimination with the United States Equal Employment Opportunity Commission ("EEOC"), and have received notices of their right to sue.
RGE has discriminated against Plaintiffs and the Class with respect to the terms
and conditions of employment because of their race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Civil Rights Act of 1991.
RGE's conduct has been intentional andlor has had disparate impact on Plaintiffs and the Class with respect to the terms and conditions of their employment.
By virtue of RGE's conduct as alleged herein, Plaintiffs and the Class have been
injured.
COUNT II THE CIVIL RIGHTS ACT OF 1866
42 U.S.C. § 1981 (By All Plaintiffs) Plaintiffs reallege and incorporate by reference, all preceding paragraphs.
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RGE has discriminated against Plaintiffs and the Class by denying them tile same rights as enjoyed by Caucasian employees with regard to the making, performance. modification
and termination of their employment relationship with RGE and with regard to the enjoyment of all benefits, privileges, terms and conditions of that relationship in violation of tile Civil Rights Act of 1866 as amended, 42 U.S.C. § 1981.
RGE's conduct has been intentional, deliberate, willful and conducted in callous
disregard of the rights of Plaintiffs and the Class under tile law. By virtue of RGE's conduct as alleged herein, Plaintiffs and the Class have been
inj u red. COUNT 111
THE NEW YORK HUMAN RIGHTS LAW 15 N.Y. Exec. Law § 291 et seq.
(By Plaintiffs Mark Hale, Jean Howard, Ellen Johnson, Johiinie Kegler, Thomas Moore, and Delores Prad)
Plaintiffs reallege and incorporate by reference, all preceding paragraphs. Plaintiffs Mark l-laIe, Jean howard, Ellen Johnson. Johnnie Kegler, Thomas Moore. and l)elores Prad llave filed Charges of l)iscrimination with tile EEOC that were dualfiled by that agency with the New York Division of Human Rights, and have received notices of their right to sue. RGE has discriminated against Plaintiffs and the Class by denying them tile same rights as enjoyed by Caucasian employees with regard to the terms and conditions of their
employment in violation of 15 N.Y. Exec. Law § 291 c/ seq. RGE's conduct has been intentional and/or has had disparate impact on Plaintiffs
and the Class with respect to tile terms and conditions of their employment.
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67. By virtue of RGE's conduct as alleged herein, Plaintiffs and the Class have been

in_i tired.

JURY DEMAND

Plaintiffs hereby demand a trial by jury as to all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully pray that the Court enter an order:

a.

Certifying this action as a class action, with Plaintiffs as the Class

Representatives and their counsel of record as Class Counsel;

Adjudicating and declaring that RGE's conduct as set forth above is in violation of Title VII, Section 1981 and the New York Human Rights Law;

e.

Pennanently enjoining and prohibiting RGE and its officers, agents,

employees and successors from continuing to engage in the practices complained of herein;

Awarding Plaintiffs and the Class such equitable remedies, including, without limitation, back pay and front pay, necessaiy to provide the Plaintiffs and the Class with full relief from the discrimination they have suffered;

Awarding the Individual Plaïntiffs and the Class compensatory damages justified under the circumstances;

Awarding the Individual Plaintiffs and the Class punitive damages j usti fled under the circumstances;

Awarding attorneys' fees and reimbursement of costs associated with this action to Plaintiffs' Counsel;

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Retaining jurisdiction to ensure that RGE fully complies with the equitable

relief ordered; and

Awarding Plaintiffs and the Class such other and further legal and

equitable relief as may be appropriate in the interest ofjustice.

Dated: December 21, 2007

GAR WIN, GERSTEIN & FISHER L.L.P.

By:

Is!

BRUCE(,1GERSTE1N, ESQ.

r /
I

'-

JAN BA''TELLI, ESQ.

GAR WIN, GERSTEIN & FISHER, L.LP.

1501 Broadway, Suite 1416

New York, New York 10036

Tel.: 212-398-0055

Email: bgerstein(gbgf-law.com

SHANON J. CARSON, ESQ. BERGER & MONTAGUE. P.C. 1622 Locust Street Philadelphia, PA 19103 Tel: (215) 875-3000
Email: swhinston(bm.net

CLAYBORNE E. CHAVERS, ESQ. THE CHAVERS LAW FIRM, P.C. 1250 Connecticut Avenue, NW Suite 200 Washington, DC 20036 Tel: (202) 835-1800 Email: chavlaw@comcast.net

Attorneys for Plaintiffs

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 by the Court granting final approval to the Agreement, approving the amount of attorneys' fees
and costs and dismissing this action in accordance with its terms, (3) the appeal period (ja, 30
days) has run without an appeal of any Court order, or in the event of an appeal, the Parties have received actual notice that the settlement has received final approval after the completion of the
appellate process, and (4) the period for RG&E to withdraw from the Agreement (i.e., 30 days
from the Claims Administrator's receipt of all timely and complete requests for exclusion submitted by a Class Representative and/or Proposed Class Member) has run.
1.11 The "Parties" means the Class Representatives and Defendant.
1.12 The "Plan of Allocation" means the allocation of the Settlement Fund, following
reductions to the Settlement Fund set forth herein, for Qualified Claimants in accordance with
the terms of this Agreement and a properly filed Claim Form. 1.13 The "Preliminary Approval Order" means the Order entered by this Court
preliminarily approving the terms of this Agreement and the Plan of Allocation, certifying the Settlement Class, and approving the payments of attorneys' fees, attorneys' costs, and the
Service Payment, as set forth in this Agreement, scheduling a fmal fairness hearing, and
directing the mailing to the Settlement Class of the Notice of Class Action Settlement and the
Claim Form. 1.14 "Qualified Claimant" means each member of the Settlement Class who is entitled
to receive a Settlement Share because they have properly filed a Claim Form. 1.15 "Released Claims" means any and all claims of employment discrimination
relating to or arising out of employment, of whatever nature, known or unknown, that the Named
Plaintiffs and Qualified Claimants may have against RG&E, Energy East Corporation ("Energy East"), and New York State Gas & Electric Corporation ("NYSEG"), their subsidiaries and
affiliated companies, and in the case of all such entities, their respective past and present owners,
representatives, officers, directors, attorneys, agents, employees, insurers, successors and assigns
(collectively referred to as the "Released Parties"), as a result of actions or omissions occurring
through the effective date as defined, subject to the provisions set forth herein. Specifically
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included in this release are any and all claims of alleged employment discrimination under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), 42
U.S.C. § 1981 ("Section 1981"), the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. ("ADEA"), and any and all other employment discrimination claims relating to or arising
out of employment, under any other federal, state, or local statutes, including but not limited to the New York Human Rights Law, § 296 et al., and the Municipal Code of the City of Rochester, § 63-1 et al., common law, or regulation, including but not limited to the Employee Retirement Income Security Act of 1974,29 U.S.C. § 1001, et seq. ("ERISA"), except for
vested benefits otherwise entitled. Furthermore, this Release includes all claims for monetary damages, injunctive, declaratory or equitable relief, and costs and attorneys' fees, whether arising under Title VH, Section 1981 or any other employment discrimination claims relating to
or arising out of employment, under any other federal, state, local or common laws or
regulations. Nothing in this Agreement shall affect or release any existing or potential workers'
compensation claims of the Named Plaintiffs and Qualified Claimants. 1.16 "Relevant Period" or "Relevant Time Period" means May 24, 2002 to October 1,
2006. 1.17 "Released Parties" means Energy East, NYSEG, and the Defendant RG&E, their
subsidiaries and affiliated companies, and in the case of all such entities, their respective past and
present owners, representatives, officers, directors, attorneys, agents, employees, insurers, successors and assigns.
1.18 "Settlement Class" means all African-American individuals employed by Defendant in Covered Positions between May 24, 2002 and October 1, 2006, who do not timely opt-out of the settlement pursuant to the terms of the Preliminary Approval Order (together the "Settlement Class Members" and individually each a "Settlement Class Member").
1.19 "Settlement Fund" means the amount of Two Million Dollars ($2,000,000.00). 1.20 "Seulement Share" means each Qualified Claimant's total share of the Seulement Fund based upon the terms of this Agreement and the Plan of Allocation.
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H. RECITALS 2.1 On December 21, 2007, a complaint was filed by Ebon Bonnette, Khalid Boston,
Donna Ccx, M Diane Dixon, Odessa Dixon, Robert Ellis, Michael A. Foster, Jerel Griffin, Mark Hale, Jean E. Howard, Bertha Johnson, Ellen Johnson, Stephanie Johnson, Johnny Kegler, Mary Lalor-Timmons, Marcia Lane, Robert Lane, Gail Marshall-Johnson, Thomas Moore, Defray Morgan, Delores Prad, Toney Proctor, Willie Sanders, Lolita Smith, Brett Stevenson, Everlene Thompson, Ophelia J. Tisdale, Richard Walford, Wanda Webb, Patricia White, Robert Williams, and Bonnie L. Wright (the "Clacs Representatives") against RG&E in the United States District
Court for the Western District of New York (hereafter the "Civil Action"). 2.2 Some Class Representatives have filed Charges ofDiscrimination with the Equal
Employment Opportunity Commission ("EEOC") and the New York State Division of Human
Rights ("NYSDHR"), alleging that RG&E has: 1) discriminated against the Proposed Class
Members on the basis of race and age in hiring, job assignments, compensation, promotions,
discipline, and terniinations; 2) engaged in retaliation; and 3) created a racially hostile work environment.
2.3 After extensive analysis and deliberation, the Class Representatives and Class
Counsel are of the opinion that the settlement set forth in this Agreement is fair, reasonable, and adequate and is in the best interest of the Settlement Class in light of all known facts and circumstances, including the risk of significant delay, defenses asserted by Defendant, and
potential appellate issues.
2.4 lt is the desire of the Parties to fhlly, finally, and forever settle, compromise, and discharge all disputes and claims arising from or related to the Civil Action which exist between
them and between the Released Parties and the Seulement Class.
2.5 It is the intention of the Parties that this Agreement shall constitute a thll and complete settlement and release of all Released Claims against all Released Parties.
2.6 Defendant denies any liability or wrongdoing of any kind associated with the
claims alleged in the Civil Action.
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2.7 This Agreement is a compromise and shall not be construed as an admission of liability at any time or for any purpose, under any circumstances, by the Parties or the Released
Parties. The Parties further acknowledge and agree that neither this Agreement nor the
Settlement shall be used to suggest an admission of liability in any dispute the Parties may have now or in the future with respect to any person or entity. Neither this Agreement nor anything in it, nor any part of the negotiations that occurred in connection with the creation of this
Settlement, shall constitute evidence with respect to any issue or dispute in any lawsuit, legal proceeding, or administrative proceeding, except for legal proceedings concerning the
enforcement or interpretation of this Agreement. THE SETTLEMENT FUND 3.1 To settle all claims on behalf of the Class Representatives and Settlement Class
Members, Defendant shall provide the funds for the Claims Administrator to establish a
Settlement Fund in the amount of Two Million Dollars ($2,000,000.00) for payment of claims to
the Class Representatives and Qualified Claimants, including attorneys' fees and costs, subject to
the terms of this Agreement. The Claims Administrator shall distribute the Seulement Fund
pursuant to the provisions, and on the time schedule of, Sections w, y and VIII and the orders of
the Court. Specifically, attorneys' fees and costs; the Service Payments to the Class Representatives; and all Claims Administration costs shall be paid directly from the Seulement Fund, and these payments will reduce the Seulement Fund awarded to the Seulement Class.
ATTORNEYS' FEES, LITIGATION COSTS, CLAIMS ADMINISTRATION COSTS, AND SERVICE PAYMENTS. 4.1 Within thirty (30) days of the Effective Date, the Claims Administrator will pay Class Counsel attorneys' fees in the amount of 33% of the Seulement Fund ($660,000.00), and expenses in an amount not to exceed $90,000 00 Class Counsel's total expenses as of the date
of this Seulement Agreement are $79,594.61. These payments shall be made provided that they
are approved by the Court. The Claims Administrator shall pay the attorneys' fees and costs directly from the Settlement Fund, and the payment will reduce the Seulement Fund awarded to
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the Settlement Class. At least seven days prior to the date of payment, Class Counsel will provide the Claims Administrator with tax-payer identification numbers for Class Counsel and executed Form W-9s.
4.2 The Claims Administrator will also pay, from the Settlement Fund, each of the Named Plaintiffs a gross amount of fifteen thousand dollars ($15,000) (in addition to their Settlement Share) for their services on behalf of the class (the "Service Payment"), provided the Court approves such payment, and provided they do not opt-out of the Settlement. The Claims
Administrator will pay the aforementioned Service Payment to each Named Plaintiffwithin thirty (30) days after the Effective Date. Each Named Plaintiff shall also be entitled to receive
their Settlement Share of the Settlement Fund provided they do not opt-out of the Settlement.
The Claims Administrator shall pay the Service Payment directly from the Settlement Fund, and
such payment will reduce the Seulement Fund awarded to the Seulement Class. If any Named Plaintiff declines to join the Settlement, they will not be eligible to receive a Service Payment. If
any Named Plaintiff declines to join the Seulement, or requests to be excluded from the Settlement, then RG&E shall have the absolute right to withdraw in writing from the Agreement, subject to the provisions of paragraph 10.2 of this Agreement.
4.3 The Claims Administrator will pay to itself, from the Seulement Fund, the Claims Administrator a total amount not to exceed $40,000, provided the Court approves such paythent,
to cover the reasonable costs of the Notice and of the administration ofthis Seulement (the
"Claims Administration costs"). 4.4 Except for the fees, costs and other expenses set forth in this Section, and except
as provided in paragraphs 4.1, 4.2, 4.3, and 44 herein, the Parties and the Seulement Class shall
bear responsibility for theft own fees, costs and expenses incurred by them or arising out ofthis litigation and will not seek reimbursement thereof from any party to this Agreement or the
Released Parties.
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V. ALLOCATION AND PAYMENT OF THE SETTLEMENT FUND 5.1 Each Qualified Claimant shall be paid a pro rata portion of the Settlement Fund,
remaining subject to the reductions described above, based on a formula set forth in paragraph
8.2, subject to the terms of this Agreement, and based upon a properly filed Claim Form. 5.2 The monies payable to Qualified Claimants and Named Plaintiffs out of the
remaining Settlement Fund, including the Service payments, will be allocated in the following
manner: 50% of the payment each receives will be allocated in settlement of their claims for back pay and 50% will be allocated in seulement of their claims for compensatory and punitive
damages, including emotional distress. The Claims Administrator will withhold from the back
pay portion of each payment all applicable taxes under federal, state and/or local laws. The
Claims Administrator will ensure that such monies withheld are paid to the appropriate authorities for each Qualified Claimant and Named Plaintiff and will issue IRS Forms W-2 and 1099 for the amounts reportable on each Form.
5.3 For purposes of tax reporting, the Claims Administrator will allocate among the Qualified Claimants and Named Plaintiffs a share of attorneys' fees and costs paid by the Claims Administrator in proportion to the point allocation of each Qualified Claimant and Named
Plaintiff. The Claims Administrator will issue to each Qualified Claimant and Named Plaintiff
an IRS Form 1099 to reflect the amounts of attorneys' fees and costs allocated to each of them
and shall issue an appropriate IRS 1099 form to Class Counsel for the attorneys' fees and costs paid.
5.4 The Claims Administrator shall distribute the remainder of the Seulement Fund to the Qualified Claimants no later than thirty (30) days after the Effective Date. The face of each check sent to Qualified Claimants shall clearly state that the check must be cashed within one hundred and twenty (120) calendar days. All payments distributed by the Claims Administrator must be accompanied by a cover letter stating words in bold to the effect that "the check must be cashed within one hundred and twenty (120) calendar days or it will become void." The back of each check will contain a legend stating: "By negotiating this check and accepting payment T
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agree that I have waived and released the Released Parties from all Released Claims as defined in the Settlement Agreement and in the Notice in this matter." Qualified Claimants must sign the
check in the space following the legend, provided that the release of claims shall still be enforceable if any Qualified Claimant is permitted to negotiate a check without a signature.
5.5 Payments made under this Agreement are not intended to and will not: (1) form the basis for additional contributions to, benefits under, or any other monetary entitlement under; (2) count as earnings or compensation with respect to; or (3) be considered to apply to, or be applied for purposes of, Defendant's bonus, pension, any 40 1(k) andlor other retirement plans or similar programs, including but not limited to the Rochester Gas & Electric Retirement Savings
Plan and the Rochester Gas & Electric Pension Plan. Defendant retains the right, if necessary, to
modify the language of its benefit plans and pension, bonus and other programs, if necessary, to
make clear that any amounts paid pursuant to this Agreement are not for hours worked, hours
paid or any similar measuring term as defined by any plans and programs for purposes of eligibility, vesting, benefit accrual or any other purpose.
5.6 The Claims Administrator shall be responsible for remitting to the tax authorities
Defendant's share of payroll taxes for the settlement payments which amount Defendant shall
provide to the Claims Administrator. Such payments shall not act in any way to reduce the Seulement Fund and will not be paid out of the Settlement Fund VI. SETTLEMENT "CLAIM FORM" REVIEW
6.1 The Parties have agreed to the appointment of Heffler, Radetich & Saitta LLP to perform the duties of Claims Administrator, including but not limited to mailing the Notice
forms, responding to Proposed Class Members' inquiries, receiving and independently reviewing the Claim Forms, verifying the amounts due to Qualified Claimants as set forth in this Agreement, distributing checks to the Qualified Claimants, withholding the Qualified Claimants'
share of taxes, paying all appropriate taxes to taxing authorities, and performing such other
duties as the parties may direct. The Claims Administrator shall report to the Parties, in
summary or narrative form, on all of the actions it takes. Defendant will provide the Claims
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Administrator with information on the Proposed Class Members' names, last known address and telephone number, social security number, and employee ID number. All disputes relating to the
Claims Administrator's ability and need to perform its duties shall be referred to the Court, if necessary, which will have continuing jurisdiction over the terms and conditions of this
Agreement, until all payments and obligations contemplated by the Agreement have been frilly
carried out. In no event shall the Claims Administrator be construed as the agent of the Proposed Class Members or of the Class Representatives or of Class Counsel or of RG&E or Counsel for
RG&E. VII. NOTICE TO THE SETTLEMENT CLASS
7.1 Within ten (10) calendar days of the Preliminary Approval Order, Defendant shall provide to the Claims Administrator a list of all Proposed Class Members, including last known
address and telephone number, social security number and employee D number. Defendant
agrees to provide this information in a format reasonably acceptable to the Claims Administrator. The Claims Administrator will maintain this list in the strictest confidence and not disclose any information contained in the list to the Class Representatives or Class Counsel or to any other individual or entity, except for the purpose of locating any individual for whom a Notice is returned as undeliverable.
7.2 A Notice of Class Action Settlement (the "Notice") in substantively the form attached hereto as Exhibit B, and as approved by the Court, shall be sent by the Claims Administrator to Proposed Class Members, by first class mail, within fourteen (14) calendar days from the date that Defendant provides the list of all Proposed Class Members described in Paragraph 7.1. Attached to the Notice of Class Action Settlement will be a Claim Form, in substantively the form attached hereto as Exhibit C, and as approved by the Court. If envelopes from the mailing of the Notice are returned with forwarding addresses, the Claims Administrator will re-mail the Notice of Class Action Settlement and the Claim Form to the new address within
three (3) business days.
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7.3 Class Counsel shall provide the Court, at least five (5) calendar days prior to the
final fairness hearing, a declaration by the Claims Administrator of due diligence and proof of mailing with regard to the mailing of the Notice of Class Action Settlement and Claim Form to Proposed Class Members. In the event that a Notice of Class Action Settlement and Claim Form
is returned to the Claims Administrator by the United States Postal Service because the address
of the recipient is no longer valid, i.e., the envelope is marked "Return to Sender," the Claims
Administrator shall perform a standard skip trace in an effort to attempt to ascertain the current
address of the particular Proposed Class Member in question and, if such an address is
ascertained, the Claims Administrator will re-send the Notice within three (3) business days of
receiving the newly ascertained address; ifno updated address is obtained for that Proposed Class Member, the Notice of Class Action Settlement and Claim Form shall be sent again to the Proposed Class Member's last known address In either event, the Notice of Class Action
Seulement and Claim Form shall be deemed received once it is mailed for the second time. 7.4 The Claims Administrator shall provide to Counsel for RG&E and Class Counsel,
at least ten (10) calendar days prior to the final fairness hearing, a list of Settlement Class
Members to whom notices were returned as undeliverable and for whom efforts to obtain an alternative address failed. VIII. CLAIM PROCESS
8.1 In order to receive payments resulting from the Claim Process under the Settlement, each Proposed Class Member and Class Representative must complete, sign and return the Claim Form (attached as Exhibit C) to the Claims Administrator no later than thirtylive days from the date that the Notice of Class Action Settlement and the Claim Form were mailed by the Claims Administrator. The Claim Form must be postmarked on or before the
thirty-fifth day in order to be considered timely. If the Proposed Class Member or Class
Representative does not return the Claim Form on a timely basis, he or she is not entitled to any payment. All Claim Forms must be signed under penalty of perjury to be considered.
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8.2 Proposed Class Members and Class Representatives who file a Claim Form must
notify the Claims Administrator of any change of address A failure to notify the Claims Administrator of a change of address may result in the forfeiture of a monetary award. The
Claims Administrator shall be available through the toll-free telephone number and via email to respond to requests from Proposed Class Members and Class Representatives for assistance in completing and filing Claim Forms. Class Counsel shall also be available to consult with and provide assistance to Proposed Class Members who request assistance from Class Counsel in completing their Claim Forms. Claim Forms may be filed by deceased Proposed Class Members
through representatives of their estate, in which case, claim payments shall be made payable to the estate of the deceased claimant.
8.3 RG&E will pay a monetary amount for the purpose of providing individual
monetary awards to the Qualified Claimants according to the objective formula set forth in Exhibit D (Claim Form Point Allocation). The Claims Administrator shall make the
determination as to whether a Claim Form is complete. If it is not complete, the Claims Administrator shall request additional information from the claimant, if it appears that such
additionalinformation would complete the Claim Form. Such requests for information may be in writing or by telephone but the Claims Administrator shall document all requests for additional information in writing for the file, including by specifying the information that was requested and the date of the request. Claimants shall have twenty (20) days to respond to any requests for additional information. Any additional information provided shall be considered part of the original Claim Form and will relate back to the original filing date All issues resolving any late-filed claims or late-filed responses to a request for additional information shall be resolved by the Court at the Final Fairness Hearing.
8.4 Each Proposed Class Member and Class Representative who seeks to receive an award under the Claim Process must fill out the Claim Form and supply information related to his or her claim, as set forth on the Claim Form. Each claim on the Claim Form is allocated a
certain number of points (see Exhibit D). Following the claim period, the Claims Administrator
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shall total the points applicable to all eligible claimants, determine each eligible claimant's
proportionate share of the total points, and allocate each eligible claimant' s proportionate share of the Seulement Fund.
8.5 For example, if the amount available for distribution from the Seulement Fund to
eligible class members is $1,000,000, and the Claims Administrator has awarded 10,000 points
to eligible class members and if an eligible class member were awarded 10 points, then that class member would receive an award of $1,000 since each point would be worth $100 ($1,000,000 divided by 10,000).
8.6 The Claims Administrator shall keep a log of any interaction with individual Proposed Class Members. If the Claims Administrator cannot adequately assist a Proposed Class Member who asks for assistance, the Claims Administrator will refer the Proposed Class Member to Class Counsel for further assistance.
8.7 Class Counsel shall have the right in their discretion to take appropriate steps to assist Proposed Class Members in filling out Claim Forms.
8.8 If completed, all original Claim Forms shall be sent directly to the Claims
Administrator at the address indicated on the Claim Form. Claim Forms shall be analyzed consistent with the process described in paragraph 5.2 above. The Claims Administrator shall
review the Claim Forms and provide copies of the Claim Forms to Counsel for RG&E and Class Counsel. The Claims Administrator will make any calculations of payments to be distributed as
described above based upon the completed Claim Forms. The Claims Administrator is responsible for issuing the payments, calculating and withholding for all required state, federal
and local taxes, calculating Defendant's share of taxes, and remitting all taxes and withholding to the appropriate taxing authorities. Upon completion of its calculation of payments, the Claims
Administrator shall provide Class Counsel and Counsel for RG&E with a report listing the
amount of the payments to be made to each Qüalified Claimant. The Claims Administrator will
supply Class Counsel and Counsel for RG&E with an updated address list for the Qualified
Claimants, reflecting any updates discovered by the Claims Administrator over the course of
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administering notice to the Proposed Class Members and receipt of the Claim Forms. A declaration of payment will be provided to Class Counsel and Counsel for RG&E by the Claims Administrator within ten (10) calendar days of making payments to Qualified Claimants.
8.9 Qualified Claimants shall have one hundred and twenty (120) calendar days after
mailing of the seulement checks to them by the Claims Administrator to cash their seulement checks as set forth in paragraph 5.4 above. If any Qualified Claimant does not cash his/her
check within that 120-day period, such checks will be void. In such event, those Qualified Claimants will be deemed to have waived irrevocably any right to a Settlement Share, but this Agreement, and the Release contained herein, nevertheless will be binding upon them.
8.10 It is anticipated that pursuant to the above Claim Process, there will be no residual monies left over in the Settlement Fund. Should there remain any residual monies from the Seulement Fund after all payments are made under this Agreement, however, any unclaimed amounts will be returned to Defendant, and shall be dedicated to expanding RG&E's recruiting and diversity efforts. IX. RELEASES
9.1 Upon the negotiation of a seulement check, or upon the Effective Date whether or not a seulement check has been negotiated, whichever is earlier, each member of the Settlement
Class shall be deemed to, and shall have, released and discharged all Released Parties with respect to all Released Claims.
9.2 Every Seulement Class Member, as defined above, shall be deemed to and shall have knowingly and voluntarily waived, released, discharged and dismissed the Released
Claims, with full knowledge of any and all rights they may have, and they hereby assume the risk of any mistake in fact in connection with the true facts involved, or with regard to any facts
which are now unknown to them. 9.3 The Parties acknowledge that the covenants and promises made by RG&E herein
constitute adequate consideration in exchange for the Released Claims as defmed in paragraph 1.15 above.
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9.4 Nothing in this Settlement Agreement shall be construed to bar any claims of Settlement Class Members or the Class Representatives based on or arising out of events occurring after the date of the Final Approval by the Court of the Settlement Agreement. X. OPTING OUT OF THE SETTLEMENT AND RG&E'S RIGHT TO WITHDRAW
10.1 Any person who does not wish to participate in the Settlement, i.e., who wants to
opt-out of the Settlement, may file a timely request for exclusion pursuant to section VIII of the Notice of Class Action Settlement. The request for exclusion must be signed, must contain the statements set forth in section VIII of the Notice of Class Action Settlement, and must be sent by mail or courier to the Claims Administrator so that it is actually postmarked (or received, if by courier) within thirty-five (35) days after it was mailed by the Claims Administrator. Any person
who timely submits such a request for exclusion shall be barred from participation in the Settlement, and shall receive no benefit from the Settlement.
10.2 If any of the Class Representatives submits a timely and complete reqûest for
exclusion that is in compliance with paragraph 10.1 above, RG&E shall have the absolute right,
in its sole discretion and notwithstanding any other provisions of this Agreement, but subject to all the provisions and time limits of this paragraph 10.2, to withdraw in writing from this Agreement, or to modify this Agreement through further negotiations with Class Counsel. If RG&B does withdraw in conformity with the provisions and time limits of this paragraph 10.2, the Agreement will be null and void for all purposes and may not be used or introduced in further
litigation except to determine whether RG&E is entitled to withdraw from the Agreement and has validly done so. The Claims Administrator shall each calendar week notify counsel for
RG&E and Class Counsel by fax or email of the number of individuals who have to that date submitted timely and complete requests for exclusion that are in compliance with paragraph 10.1 above, and at the same time shall send to said counsel by fax, email or by overnight delivery copies of all the timely and complete requests for exclusion which Class Counsel has received. RG&E shall have thirty (30) calendar days after the expiration of all Proposed Class Members'
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deadlines in paragraph 10.1 above to withdraw from (or modify through negotiation) this Agreement.

10.3 In addition, ifa total of twelve (12) or more Proposed Class Members submit
timely and complete requests for exclusion that are in compliance with paragraph 10.1 above, RG&E shall have the absolute right, in its sole discretion and notwithstanding any other
provisions of this Agreement, but subject to all the provisions and time limits of this paragraph
10.3, to withdraw in writing from this Agreement, or to modify this Agreement through further
negotiations with Class Counsel. If RG&E does withdraw in conformity with the provisions and time limits of this paragraph 10.3, the Agreement will be null and void for all purposes and may
not be used or introduced in further litigation except to determine whether RG&E is entitled to withdraw from the Agreement and has validly done so. The Claims Administrator shall each
calendar week notify counsel for RG&E and Class Counsel by fax or email of the number of
individuals who have to that date submitted timely and complete requests for exclusion that are in compliance with paragraph 10.1 above, and at the same time shall send to said counsel by fax,
email or by overnight delivery copies of all the timely and complete requests for exclusion which Class Counsel has received. RG&E shall have thirty (30) days after the expiration of all
Proposed Class Members' deadlines in paragraph 10.1 above to withdraw from (or modify through negotiation) this Agreement.

XI. DUTIES OF THE PARTIES PRIOR TO COURT APPROVAL 11.1 Promptly upon execution of this Agreement, but by no later than fourteen (14)
calendar days after the filing of the Complaint, the Parties shall apply to the Court for the entry of an order (the "Preliminary Approval Order"):

Scheduling a fairness hearing as soon as practicable on the question of whether the proposed seulement should be finally approved as fair, reasonable and adequate as to the members of the class;

Seulement;

Approving as to form and content the proposed Notice of Class Action

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Approving as to form and content the proposed Claim Form,
Directing the mailing of the Notice and Claim Form by first class mail to
the Proposed Class Members;

Preliminarily approving the Agreement and Plan of Allocation, as well as the payment of attorneys' fees, costs, and Service Payments set forth in this Agreement; and
Certifying the Settlement Class.
11.2 lii computing any period of time prescribed or allowed by this Seulement Agreement, unless otherwise stated, such computation or calculation shall be made consistent with Federal Rule of Civil Procedure 6(a) as it eíists at the time at issue.

XII. DUTIES OF THE PARTIES FOLLOWING FINAL COURT APPROVAL 12.1 In connection with the final approval by the Court of the Agreement, Class
Counsel and Counsel for Defendant will submit a proposed final order and judgment: Granting final approval to the Agreement, adjudging the terms thereof to
be fair, reasonable and adequate, and directing consummation of its terms and provisions;
Dismissing the Civil Action with prejudice and permanently barring all
members of the Seulement Class including the Named Plaintiffs from prosecuting against any Released Parties any of the Released Claims; and

12.2 agrees that:

Retaining jurisdiction to enforce the terms of the Agreement. In connection with the final approval by the Court of the Agreement, RG&E

RG&E will not retaliate in any way against any of the Class
Representatives or Proposed Class Members who participated in this action;
within 60 days of the Effective Date, RG&E will redistribute to all of its
employees, its written policies on Equal Employment Opportunity and a Harassment Free workplace. The distribution shall be accompanied by a written statement reiterating the
Company's commitment to and support of these policies;

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(e) within 365 days of the Effective Date, RG&E will provide training to its
managers about its EEO and anti-harassment policies; RG&E's internal complaint procedure will continue to provide for the
prompt and frill investigations of any complaints of employment discrimination;
RG&E will continue to use its best efforts to ensure that its compensation practices are applied in a non-discriminatory fashion; and
RG&E will continue to use its best efforts to ensure that its disciplinary practices are applied in a non-discriminatory fashion.
PARTIES' AUTHORITY 13.1 The signatories hereby represent that they are fully authorized to enter into this Agreement and to bind the Parties hereto to the terms and conditions hereof 13.2 All of the Parties acknowledge that through this document, they were advised to consult an attorney regarding their participation in this Agreement, and that they in fact have been represented by competent, experienced counsel throughout all negotiations which preceded the execution of this Agreement, and this Agreement is made with the consent and advice of counsel who have jointly prepared this Agreement. 13.3 All of the Parties acknowledge that they are participating voluntarily and knowingly in exchange for the consideration described herein. The Parties further acknowledge that they were provided with a reasonable period oftime within which to consider this
Agreement. MUTUAL FULL COOPERATION 14.1 The Parties agree to use their best efforts and to fUlly cooperate with each other to
accomplish the terms of this Agreement, including but not limited to, execution of such
documents and to take such other action as may reasonably be necessary to implement and
effectuate the terms of this Agreement.
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NOTICES 15.1 Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly given as of the third business day after mailing by United States registered or certified mail, return receipt requested, addressed as follows:
To the Class Representatives or to any Settlement Class member: BERGER & MONTAGUE, P.C. Shanon Carson, Esq. 1622 Locust Street Philadelphia, PA 19103
To the Defendant:
MORGAN, LEWIS & BOCKILIS LLP Michael S. Burkhardt, Esq. 1701 Market Street Philadelphia, PA 19103-2921
MODIFICATION 16.1 This Agreement and its attachnents may not be changed, altered, or modified, except in writing and signed by the Parties hereto, and approved by the Court. ENTIRE AGREEMENT 17.1 This Agreement and its attachments constitute the entire agreement between the Parties concerning the subject matter hereof No extrinsic oral or written representations or ternis shall modify, vary or contradict the terms of this Agreement. In the event of any conflict between this Agreement and any other Settlement-related document, the Parties intend that this Agreement shall be controlling. XVIII CHOICE OF LAW/JURISDICTION 18.1 This Agreement shall be subject to, governed by, construed, enforced, and administered in accordance with the laws of the State of New York, both in its procedural and substantive aspects, and shall be subject to the continuing jurisdiction of the United States
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District Court for the Western District of New York. This Agreement shall be construed as a
whole according to its fair meaning and intent, and not strictly for or against any party,
regardless of who drafted or who was principally responsible for drafting this Agreement or any specific term or condition thereof
CÓUNTE1UARTS 19.1 This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.
CONFIDENTIALITY AND PUBLIC COMMENT 20.1 Class Counsel and the Class Representatives agree not to issue a press release or respond to any media inquiries regarding the settlement of the claims related to this matter. If
Class Counsel and/or any of the Class Representatives are contacted by the media, they may only respond that the case has been resolved to the mutual satisfaction of all parties.
20.2 Class Counsel agrees to use the contact information for Settlement Class Members that is provided to it by the Claims Administrator and Counsel for RG&E solely for
purposes of conmrnnicating regarding this action and implementing this Agreement and for no
other purpose, at any time, or for any reason. Nothing in this Agreement restricts, or is intended to restrict, communications between Class Counsel and individual Settlement Class Members
regarding this action or the terms of the Agreement. Nothing in this Agreement restricts, or is intended to restrict, Class Counsel's communications with its clients.
VOIDING THE AGREEMENT 21.1 In the event this Agreement, or any amended version agreed upon by the Parties, does not obtain judicial approval for any reason, this Agreement shall be null and void in its entirety, unless expressly agreed in writing by all Parties. In the event this Agreement becomes null and void for any reason, the Defendant, the Class Representatives, and Class Counsel agree
that they shall keep strictly confidential the terms of the Agreement, the existence of the
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Agreement, any information concerning the Agreement, or any of the discussions and or negotiations regarding the Agreement.

IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date indicated below:

Dated: December2j, 2007

BERGER &

AGUE, P.C.

By:
anon Carson q.
On Behalf of Plaintiffs

1622 Locust Street Philadelphia, PA 19103 Phone: (215) 875-4656 Facsimile: (215) 875-4604

Of Counsel: BERGER & MONTAGUE, P.C. William T. Coleman ifi
Shanon J. Carson
1622 Locust Street Philadelphia, PA 19103

GARWIN, GERSTEIN & FISHER LLP Jan Bartelli
1501 Broadway, Suite 1416 New York, NY 10036

THE CHAVERS LAW FIRM, P.C. Clayborne E. Chavers 1250 Connecticut Avenue, NW, Suite 200 Washington, D.C. 20036
Counsel for Class Representatives and Settlement Class Members

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Dated: December! 20o7

MORGAN, LEWIS & BOCKIIJS LLP
B chad S. Burkhardt q
101 Park Avenue New York, New York 10178-0060 Tel.: (212) 309-6092 Fax: (212) 309-6273
Of Counsel:
MORGAN, LEWIS & BOCKIUS LLP Judith Harris, Esq. Michael S. Burkhardt, Esq. Michael J. Puma, Esq. 1701 Market Street Philadelphia, PA 19103-2921 Counsel for Defendant Rochester Gas & Electric

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PROPOSED CLASS MEMBERS
Luther McGill Patrick McLamore Tyrone McRay Cynthia Miller Timothy Miller Thomas Moore Deiroy Morgan Steven Murphy James Murphy, III Dennis Norman Chrisotp Northington Vincent Ocho li Dewitt Overton, Jr. John Owens Laura Owens Patrick Parks Darwin Perry Lucious Peters
ill. Priscill Pipkins
Jonah Pollocks Shirley Pope Levi Powell DeloresPrad Any Pro cope-Archer Toney Proctor Larry Richardson Sylvia Ryndock Willie Sanders Margot Sandy Gary Scott Massie Scott D'Wayne Simmons Demiah Smith Fletcher Smith Lolita Smith Raymond Smith Sonya Smith Shellie Smith, Jr. Brett Stevenson Brenda Thomas William Thomas Everlene Thompson Ï 35. Ophelia Tisdale Gwendoly Turner Richard Walford Wanda Webb
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EXHIBIT B
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EXHIBIT B TO SETTLEMENT AGREEMENT
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

EBON BONNETTE, KHALID BOSTON, DONNA COX, MARY DIXON, ODESSA DIXON, ROBERT ELLIS, MICHAEL FOSTER, JEREL GRIFFIN, MARK HALE, JEAN HOWARD, BERTHA JOHNSON, ELLEN JOHNSON, STEPHANIE JOHNSON, JOHNNY KEGLER, MARY LALOR-TIMMONS, MARCIA LANE, ROBERT LANE, GAIL MARSHALLJOHNSON, THOMAS MOORE, DELRAY MORGAN, DELORES PRAD, TONEY PROCTOR, WILLIE SANDERS, LOLITA SMITH, BRETT STEVENSON, EVERLENE THOMPSON, OPHELIA TISDALE, RICHARD WALFORD, WANDA WEBB, PATRICIA WHITE, ROBERT WILLIAMS and BONNIE WRIGHT, individually and on
behalf of all others similarly situated,

CIVIL ACTION NO.:
NOTICE OF CLASS ACTION SETTLEMENT

Plaintiffs,

V.

ROCHESTER GAS & ELECTRIC CO.,

Defendant.

THIS IS A NOTICE OF A PROPOSED CLASS ACTION SETTLEMENT FROM THE UNTED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK

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PLEASE REAl) THIS NOTICE CAREFULLY. THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS.
This Notice is being sent to you, as ordered by the United
States District Court for the Western District of New York, to advise you of the preliminary approval of the seulement of an
employment discrimination class action against Rochester Gas & Electric Co. ("RG&E"). You have received this Notice because RG&E's records reflect that you are African American and were employed by RG&B between May 24, 2002 and October 1, 2006 (the "Class Period"), and therefore may be a Class Member in the
lawsuit. The purpose of this Notice is to provide you with a summary of the proposed seulement, and to advise you of your
rights with respect to the proposed seulement.
Important Deadlines
To participate in the monetary relief portion of the
seulement, and receive any money to which you may be entitled, you must mail a Claim Form to the Claims Administrator postmarked no later than [DATE OF CLAIMS DEADLINE]. A Claim Form and return envelope are included in this Notice packet.
If you want to exclude yourself from the settlement (that is, not receive any monetary relief from the seulement, and not be bound by the
judgment and release), you must mail an opt-out statement to the Claims Administrator postmarked by [DATE OF OPT-OUT DEADLINE].
If you want to object to the seulement, or some part of the seulement, you must mail your written
objection to the Claims Administrator post-
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marked by [DATE OF OBJECTION DEADLINE]. You may object and still participate in the seulement.
Summary Of Litigation
The Plaintiffs (i.e., the people who filed this lawsuit), claim that RG&E discriminated against African Americans: 1) by
paying African Americans less than white employees of similar
experience and qualifications; 2) by failing to promote African Americans at the same rate as similarly qualified white employees; 3) by disproportionately terminating and taking other disciplinary actions against African Americans; 4) by creating a racially hostile work environment for African Americans; and 5) by retaliating against employees who complained about the discrimination.
RG&E denies any liability or wrongdoing of any kind associated
with the claims alleged in this lawsuit.
Litigation And Settlement Background
In September 2005, a group of African American employees of RG&E retained Class Counsel and requested that they begin an
investigation as to whether RG&E was engaged in a pattern or
practice of discrimination against its African American employees. Subsequently, some of these African American employees filed charges of discrimination against RG&E with the United States
Equal Employment Opportunity Commission (the "EEOC"), and the New York Division of Human Rights.
On January 13, 2006, Plaintiffs advised RG&E in writing of the class nature of the allegations made by their clients, requested
that RG&E preserve all relevant evidence, and indicated that Plaintiffs were open to potentially resolving this matter through a pre-filing alternative dispute resolution ("ADR") mechanism. The
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parties ultimately agreed to an ADR process which included extensive discovery.
The parties then engaged in a series of meetings in which they discussed and agreed on the scope of discovery to be
produced in order to allow informed settlement discussions to
proceed. Ultimately, RG&E produced thousands of pages of documents, including the hard copy personnel files of many of the
Plaintiffs, as well as RG&E's relevant human resource policies and equal employment opportunity policies. RG&E also produced an electronic copy of its human resource ("HR") database.
Plaintiffs retained a prominent labor economist and statistician to analyze RG&E's HR database and to determine whether there were statistically significant disparities affecting African American Class Members. Plaintiffs later produced the
results of that investigation to RG&IE, along with a sample of
detailed individual claim summaries. The individual Plaintiffs were very much involved in this process, gave statements, and regularly responded to requests for information from Class Counsel and RG&E.
After exchanging large amounts of information, the parties
began settlement discussions. Numerous meetings took place between April 2007 and November 2007. Ultimately, the parties agreed to seule the litigation on the terms set forth below. Based upon their investigation, Class Counsel have concluded that the
terms of the seulement are fair, reasonable, adequate, and in the best interests of the Class In reaching this conclusion, Class Counsel have analyzed the benefits of the seulement and the risk of an unfavorable outcome (i.e., losing), as well as the expense and length of continued proceedings necessary to prosecute this action.
RG&E does not admit any wrongdoing or liability by entering into this seulement, and has agreed to these settlement terms because it wishes to avoid further costly, disruptive, and time-consuming
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litigation, and desires to obtain complete and final settlement of the claims of the Plaintiffs and Class Members.
IV. Injunctive Relief-- Summary Of Employment Practices Affected By The Proposed Settlement With RG&E
RG&E will not retaliate in any way against any of the
Class Representatives or Proposed Çlass Members who participated in this action;
within 60 days of the Effective Date, RG&E will redistribute to all of its employees, its written policies on Equal
Employment Opportunity and a Harassment Free workplace. The distribution shall be accompanied by a written statement reiterating
the Company's commitment to and support of these policies;
within 365 days of the Effective Date, RG&IE will
provide training to its managers about its EEO and anti-harassment policies;
RG&E's internal complaint procedure will continue to
provide for the prompt and frill investigations of any complaints of
employment discrimination;
RG&E will continue to use its best efforts to ensure that its compensation practices are applied in a non-discriminatory fashion; and
RG&E will continue to use its best efforts to ensure that its disciplinary practices are applied in a non-discriminatory
fashion.
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Money Being Paid By RG&E
In addition to the steps described above, RG&E has agreed to pay $2 million to resolve the Class Action. From this $2 million,
each of the named Plaintiffs will receive an award of $15,000 to
compensate them for their time involved in this matter, filing
charges of discrimination with the EEOC (where applicable), and
filing this lawsuit. Class Counsel will petition the Court for an
award of attorneys' fees constituting 33% of the monetary portion of the seulement, and reimbursement of their out-of-pocket litigation expenses which are currently $79,594.61. Costs of
providing this notice to the class and administering the seulement will also be paid from the $2 million Seulement Fund. The
remainder of the Settlement Fund will be paid to the Class
Representatives and Class Members who fill out a Claim Form as set forth below and as set forth in the Seulement Agreement.
How To Make A Claim For Money
If you think that you are entitled to a share of the monetary
award because you believe that RG&E discriminated against you
on the basis of your race, then you may be eligible to receive money from this seulement. You will oniy receive money if you submit a written Claim Form to the Claims Administrator, signed under oath, and postmarked by [DATE OF CLAIM
FORM DEADLINE]. If you do not submit a claim form
postmarked by [DATE OF CLAIM FORM DEADLINE], then .you
will not receive any money from the seulement. However, even if
you do not submit a claim form, you will still be bound by the seulement and release, unless you opt out, or exclude yourself, from the seulement.
A Claim Form and return envelope is included in this Notice packet. Make sure to carefully answer all questions. Finally, sign and date the Claim Form, and return it in the return envelope
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postmarked no later than [DATE OF CLAIM FORM DEADLINE]. Those Claim Forms that are submitted on time will be evaluated by a Claims Administrator, and payments will be
made to Class Members on the basis of the answers provided in the
Claim Forms, pursuant to a formula approved by the Court.
VII. Release Of Claims
If the Court grants final approval of the Settlement, then all
Class Members who do not opt out will release RG&E for all employment discrimination claims certified by the Court in the lawsuit, pursuant to Paragraph 1.15 and Section IX of the Seulement Agreement. When claims are "released," that means
that a person covered by the release cannot sue RG&E for any of
the claims that are covered by the release. Nathing in the
Seulement will be construed to release claims of Participating
Class Members which may not be legally waived or that post-date
the Effective Date of the Seulement Agreement. By this Notice, you are advised to consult with class counsel or an attorney of your
choosing regarding your participation in this Seulement.
By participating in the Class Settlement, you acknowledge
that:
you are participating in the Seulement voluntarily and knowingly in exchange for the injunctive and monetary
covenants and promises described in parts VI and V of this
Notice. the injunctive and monetary covenants and promises
described in parts VI and V of this Notice are an adequate exchange for the Release of Claims defined in Paragraph 1.15 of the Seulement Agreement. you were provided with a reasonable period of time within
which to consider the Seulement, which is available for your review.
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Can I "Opt-Out" Or Ask To Be Excluded From This
Settlement?

If you want to opt out or exclude yourself from this
Settlement, you must send a letter requesting exclusion to Kevin K.
Kealey, Supervisor, HEFFLER, RADETICH & SAITTA LLP, 1515 Market Street, Suite 1700, Philadelphia, PA, 19102. Your exclusion request must be postmarked by [DATE OF OPT-OUT
DEADLINE]. If you exclude yourself from this Settlement, you will not be eligible to receive any money. If you exclude yourself,
you will not be legally bound by the Court's judgments in this class action.

The Settlement Process And Final Fairness ilearing

Every class action must be approved by the court that

presided over the class action lawsuit. Thus far, the Court has only

decided that the proposed seulement may be fair and, therefore,

justifies the distribution of this Notice. In order to decide whether

to give final approval to the proposed seulement, the Court will

consider related papers and comments submitted by the parties or

others and hold a hearing in open court. A Final Fairness Hearing

will be held on

, 2007, at

, in

the Courtroom of Judge

, United States District Court,

Western District of New York, 2120 U.S. Courthouse, 100 State

Street, Rochester, NY 14614. You may, but are not required to,

attend this hearing. You may also enter an appearance in the case

through your own attorney, if you so desire. You may also submit

any objections to the proposed seulement in writing. For any such

written objections to be considered, they must be mailed to Kevin

K. Kealey, Supervisor, HEFFLER, RADETICH & SAITTA LLP,

1515 Market Street, Suite 1700, Philadelphia, PA, 19102, and

postmarked by [INSERT DATE]. Please do not send any

comn-ients directly to the Court or attempt to reach the Judge in

person. You may, however, review a copy of the Seulement

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Agreement at the Clerk's Office at the Court (100 State Street, Rochester, NY 14614), or online at
If you have any questions concerning this settlement, you
may contact the Claims Administrator, as follows: Kevin K. Kealey, Supervisor HEFFLER, RADETICH & SAITTA LLP 1515 Market Street, Suite 1700 Philadelphia, PA, 19102 Tel: (215) 972-5058
You may also contact Class Counsel, as follows: SHANON J. CARSON, ESQ. (scarson@bm.net) BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Tel: (215) 875-3000
JAN BARTELLI, ESQ. (jbartelligarwingerstein.com) GARWIN, GERSTEIN & FISHER, L.L.P. 1501 Broadway, Suite 1416 New York, New York 10036 Tel.: (212) 398-0055
CLAYBORNE E. CHAVERS, ESQ. (chavlaw@comcast.net) THE CHAVERS LAW FIRM, P.C. 1250 Connecticut Avenue, NW Suite 200 Washington, DC 20036 Tel.: (202) 756-4820
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RG&E's counsel is as follows: MICHAEL S. BURKHARDT, ESQ. (mburkhardtmorganlewis. corn) MORGAN LEWIS 1700 Market Street Philadelphia, PA 19103 Tel.: (215) 963-5130
PLEASE DO NOT CONTACT THE COURT. Is! HON.
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EXHIBIT C
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EXHIBIT C TO SETTLEMENT AGREEMENT
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

EBON BONNETTE, KHALID BOSTON, DONNA COX, MARY DIXON, ODESSA DIXON, ROBERT ELLIS, MICHAEL FOSTER, JEREL GRIFFIN, MARK HALE, JEAN HOWARD, BERTHA JOHNSON, ELLEN JOHNSON, STEPHANIE JOHNSON, JOHNNY KEGLER, MARY LALOR-TIMMONS, MARCIA LANE, ROBERT LANE, GAIL MARSHALLJOHNSON, THOMAS MOORE, DELRAY MORGAN, DELORES PRAD, TONEY PROCTOR, WILLIE SANDERS, LOLITA SMITH, BRETT STEVENSON, EVERLENE THOMPSON, OPHELIA TISDALE, RICHARD WALFORD, WANDA WEBB, PATRICIA WHITE, ROBERT WILLIAMS and BONNIE WRIGHT, individually and on
behalf of all others similarly situated,

CIVIL ACTION NO.: CLAIM FORM

Plaintiffs,

V.

ROCHESTER GAS & ELECTRIC CO.,

Defendant.

TO:

[INSERT QUALIFIED CLAIMANT NAME]

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DESCRIPTION OF SETTLEMENT
The Court has preliminarily approved the settlement of this
case. The seulement provides for changes to the employment
practices of Rochester Gas & Electric Co. ("RG&E"), and creates a settlement fund to pay appropriately supported claims of discrimination. If you are a Class Member, you may be entitled to
a monetary payment from the seulement fund. The paragraphs below explain the claim procedure and the steps that you need to
take to qualify for a share of the seulement fund. Please read these
instructions carefully. Failure to follow these instructions may result in your losing benefits to which you might otherwise be entitled.
INSTRUCTIONS FOR COMPLETING AND RETURNING THE CLAIM FORM
A. Eligibility To Receive A Monetary Payment
To qualify for any payment from the settlement fund:
You must be a Class Member That is, you must be an African American who was employed by RG&E at any time between May 24, 2002 and October 1, 2006.
2. You must fully complete Claim Form Sections III and IV and return the completed Claim Form
signed under penalty of perjury postmarked no
later than [INSERT CLAIM DEADLINE DATE]. Enclosed is a self-addressed envelope for returning the Claim Form. You must mail the Claim Form to:
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Kevin K. Kealey, Supervisor HEFFLER, RADETICH & SAITTA LLP 1515 Market Street, Suite 1700 Philadelphia, PA, 19102 Tel: (215)972-5058
Note that if you do not return this Claim Form
postmarked by [TNSERT CLAIM DEADLINE DATE], your claim will be rejected and you will lose all rights to receive any money from this seulement.
Determination Of The Value Of Your Claim
The amount that you may be entitled to receive from the settlement will be determined by a Claims Administrator appointed by the Court. The Claims Administrator shall determine the
amount based upon the allocation of points for specific claims that
you set forth in this Claim Form that have arisen from your
nI employment by RG&E. If you believe that RG&E did
discriminate against you on the basis of your race, African
American, then you must state that in response to Question No. 1 in Section IV below.
The Claims Administrator will total the points applicable to all Qualified Claimants, determine each Qualified Claimant's
proportionate share of the total points, and allocate each Qualified Claimant's proportionate share of the seulement ifind. The claims
procedure has been approved by the Court.
Payment Of Claims
Checks for payment of claims will be mailed to all Qualified Claimants following the determination of all claims and final approval of this seulement by the Court.
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D. Change Of Address
It is important that you notifS' the Claims Administrator in
writing of any changes to your address while your claim is pending. A failure to notifS' the Claims Administrator of a change of address may result in you not receiving your award. Notification of any change of address should be mailed to:
Kevin K. Kealey, Supervisor HEFFLER, RADETICH & SAITTA LLP 1515 Market Street, Suite 1700 Philadelphia, PA, 19102 Tel: (215) 972-5058
Questions .And Assistance In Completing Your Claim Form
If you have questions regarding the claims procedure or how
to complete the Claim Form, you may contact the Claims Administrator. There will be no charge for your call.
IlL PERSONAL INFORMATION
(ALL CLAIMANTS MUST FULLY COMPLETE THIS SECTION)

Full Name (include all last names ever used and any nicknames)

Current Street Address

City

State Zip Code

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4.
Telephone Number

Social Security Number

I (Check below if the statements are true):

am African American.

was an employee of RG&E at some time between May
24, 2002 and October 1, 2006.

IV. DESCRIPTION OF CLAIM OR CLAIMS OF DISCRIMINATION

(ALL CLAIMANTS MUST FULLY COMPLETE THIS SECTION)

I believe that RG&E discriminated against me because of my
race, African American.

Yes

No (if answer is no, you

do not have to complete

the rest of this Claim

Form)

I believe that between May 24, 2002 and the present, RG&E
discriminated against me because of my race, African American,
with respect to my compensation. I believe that during this time period, RG&E paid me less than similärly situated white employees (i.e., white employees who held the same or a similar job title than me).

Yes

Not Applicable

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I believe that between May 24, 2002 and the present, RG&E
discriminated against me because of my race, African American,
with respect to its denying me a promotion. When I applied for a promotion, a less qualified white employee was assigned to the job.

Yes

Not Applicable

I believe that between May 24, 2002 and the present, RG&B
discriminated against me because of my race, African American,
with respect to a job assignment(s).

Yes

Not Applicable

I believe that between May 24, 2002 and the present, RG&E
discriminated against me because of my race, African American,
with respect to a performance evaluation(s) that I received.

Yes

Not Applicable

I believe that between May 24, 2002 and the present, RG&E
demoted me because of my race, African American, and would not
have demoted a similarly situated white employee.

Yes

Not Applicable

I believe that RG&E discriminated against me because of my
race, African American, with respect to discipline that I received while employed by the Company (termination does not count for this question).

Yes

Not Applicable

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Complete this question only if your employment with RG&E was involuntarily terminated by the Company. I believe that RG&E discriminated against me because of my race,
African American, with respect to my termination by the
Company.

Yes

Not Applicable

During the period from May 24, 2002, I personally was subject to a racially hostile work environment at RG&E, in that I witnessed a racist epithet(s) or racist joke(s) or witnessed racist graffiti or racist written material.

Yes

Not Applicable

I believe that I was retaliated against by RG&E after I made a complaint(s) about racial discrimination at the Company.

Yes

Not Applicable

il. I have treated with a medical provider (e.g., doctor,
psychologist, psychiatrist, counselor, etc.), concerning the
emotional distress I experienced as a result of the racially
discriminatory events that occurred to me at RG&E.

Yes

Not Applicable

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Please review the above answers you have provided to ensure
that they are complete. If you are finished filling out the Claim
Form, please sign the under oath affirmation below.

I,

, hereby

declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that
the information and facts I have stated in this Claim Form are true

and accurate to the best of my personal knowledge. I understand

that making a knowingly false statement may subject me to

prosecution for perjury.

Dated:

Signature of Claimant

Print Name of Claimant

Your Claim Form must be postmarked on or before [INSERT CLAIM FORM DEADLINE DATE]. A selfaddressed envelope has been enclosed for returning the Claim Form. A Claim Form postmarked later than this date will not be accepted for any reason. This Claim Form must be mailed
to:
Kevin K. Kealey, Supervisor HEFFLER, RADETICH & SAITTA LLP 1515 Märket Street, Suite 1700 Philadelphia, PA, 19102 Tel: (215) 972-5058

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EXHIBIT D
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EXHIBIT D TO SETTLEMENT AGREEMENT
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

EBON BONNETI'E, KHALID BOSTON, DONNA COX, MARY DIXON, ODESSA DIXON, ROBERT ELLIS, MJCHAEL FOSTER, JEREL GRIFFIN, MARK HALE, JEAN HOWARD, BERTHA JOHNSON, ELLEN JOHNSON, STEPHANIE JOHNSON, JOHNNY KEGLER, MARY LALOR-TIMMONS, MARCIA LANE, ROBERT LANE, GAIL MARSHALLJOHNSON, THOMAS MOORE, DELRAY MORGAN, DELORES PRAl), TONEY PROCTOR, WILLIE SANDERS, LOLITA SMITH, BRETT STEVENSON, EVERLENE THOMPSON, OPHELIA TISDALE, RICHARD WALFORD, WANDA WEBB, PATRICIA WHITE, ROBERT WILLIAMS and BONNIE
WRIGHT, individually and on behalf of all
others similarly situated,
Plaintiffs,
V.
ROCHESTER GAS & ELECTRIC CO.,
Defendant.

CWIL ACTION NO.: CLAIM FORM POINT ALLOCATION FILED UNDER SEAL

The following shall be the point allocation related to affirmative answers given in
response to each question in Section IV of the Claim Form.

Question i (general): Question 2 (compensation): Question 3 (promotion): Question 4 (job assignment):

O points 10 points 10 points 10 points

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Question 5 (evaluation): Question 6 (demotion): Question 7 (discipline): Question 8 (termination): Question 9 (hostile environment): Question 10 (retaliation): Question 11 (medical treatment):

10 points 10 points 10 points 10 points 10 points 10 pothts 15 points

I -PI-1/2795094. t
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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

EBON BONNETTE, et al., individually and on behalf of all others similarly situated,
Plaintiffs, v. ROCHESTER GAS & ELECTRIC CO.,
Defendant.

CIVIL ACTION NO.: 6:07-cv-06635-MAT

ORDER PRELIMINARILY APPROVING THE SETTLEMENT AGREEMENT
AND NOW, this 11th day of February, 2008, upon consideration of Plaintiffs’ unopposed Motion for Preliminary Approval of the Settlement Agreement, pursuant to Rule 23 of the Federal Rules of Civil Procedure, and the Court’s review of the proposed Settlement Agreement and exhibits thereto, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Court preliminarily approves the Settlement Agreement as being sufficiently fair, reasonable and adequate, subject to the right of any Class Member to challenge the fairness, reasonableness or adequacy of the Settlement Agreement and to show cause, if any exists, why a final judgment dismissing this case and all released claims and awarding attorneys’ fees and expenses to Class Counsel, should not be entered following a Final Fairness Hearing. 2. Pursuant to the Settlement Agreement, the Class is preliminarily certified under Rule 23(b)(3) of the Federal Rules of Civil Procedure as follows: all African-American individuals employed between May 24, 2002 and October 1, 2006 by Defendant Rochester Gas & Electric Co., except that Robin Johnson is expressly excluded from the class as she previously negotiated a settlement of the same claims advanced here (the “Class”). Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, the Court appoints as

Class Counsel, Shanon J. Carson, Esq. of Berger & Montague, P.C., and Bruce E. Gerstein, Esq. and Jan Bartelli, Esq. of Garwin Gerstein & Fisher. 3. Class Counsel shall file papers in support of Final Approval of the Settlement Agreement and request an award of attorneys’ fees and expenses no later than 14 days after the deadline for Class Members to return their Claim Form or object or opt-out of the Settlement. 4. A Final Fairness Hearing shall take place on May 7, 2008 at 10:00 A.M., at the United States District Court for the Western District of New York, United States Courthouse, 100 State Street, Courtroom #1, Rochester, NY 14614, before the Honorable Michael A. Telesca, to determine: (a) whether the proposed settlement of this action on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, and adequate, and should be approved by the Court pursuant to Rule 23(e) of the Federal Rules of Civil Procedure; (b) whether the judgment as provided in the Settlement Agreement should be entered; and (c) whether the Court should grant final approval with respect to the awarding of attorneys’ fees and expenses to Class Counsel. 5. The Court approves, as to form and manner of notice, the Notice of Class Action Settlement (the “Notice”), attached as Exhibit B to the Settlement Agreement; the Claim Form attached as Exhibit C to the Settlement Agreement; and the Claim Form Point Allocation attached as Exhibit D to the Settlement Agreement. The Parties are directed to mail the Notice and Claim Form to the Class pursuant to the Settlement Agreement following the entry of this Order. 6. Heffler, Radetich & Saitta LLP is hereby appointed Claims Administrator and shall perform the duties set forth in the Settlement Agreement. 7. Pursuant to 28 U.S.C. § 1715(a) and (b), Defendant shall serve upon an appropriate State official and Federal official, as defined by 28 U.S.C. § 1715(a), notice of the proposed class action settlement and
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the materials set forth in 28 U.S.C. § 1715(b). Defendant shall provide both the Court and Plaintiffs’ Counsel with proof of such service. 8. As of the date hereof, all discovery and other proceedings in this case are stayed until further order of this Court, except as may be necessary to implement the Settlement Agreement.
IT IS SO ORDERED, this 11th day of February, 2008. S/ MICHAEL A. TELESCA
HON. MICHAEL A. TELESCA
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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

EBON BONNETTE, et aL, individually and on behalf of al! others similarly situated,
Plaintiffs.
V.
ROCHESTER GAS & ELECTRIC CO., Defendant.

CIVIL ACTION NO.: 6:07-cv-06635-MAT

FINAL JUDGMENT AND ORDER OF DISMISSAL WiTH PREJUDICE

AND NOW, this

day of May, 2008, upon consideration of Plaintiffs' unopposed

Motion for Final Approval of the Settlement Agreement, pursuant to Rule 23 of the Federal

Rules of Civil Procedure, Plaintiffs' Counsel's Motion for an Award of Attorneys' Fees and

Expenses, and the parties' joint request at the Final Fairness Hearing for entry of a Judgment and

Order dismissing this action with prejudice, IT IS HEREBY ORDERED AS FOLLOWS:

\VHEREAS, on February 1 1, 200g, this Court granted preliminary approval to the

parti es' proposed Settlement Agreement;

WHEREAS, on May 7, 2008, the Court held a Final Fairness Hearing;

WHEREAS, on May 7, 2008, the Court granted final approval of the parties' Settlement
Agreement, finding that the Settlement Agreement is fair, reasonable and adequate within the

meaning of Federal Rule of Civil Procedure 23(e) and applicable law; and

WHEREAS, the Court has found that the notice sent to class members fairly and

adequately informed them of the terms of the settlement, was consistent with Federal Rule of

Civil Procedure 23 and due process, and was given in the manner prescribed by the Settlement

Agreement and the Court's Order preliminarily approving the settlement;

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I. The Court gives final approval to the parties' Settlement Agreement and all provisions contained therein. Pursuant to the Settlement Agreement, the Court hereby certifies the settlement class under Rule 23(b)(3) of the Federal Rules of Civil Procedure as follows: all African-American individuals employed between May 24, 2002 and October 1, 2006 by Defendant Rochester Gas & Electric Co., except that Robin Johnson is expressly excluded from the class as she previously negotiated a settlement of the same claims advanced here (the "Class").
The Court approves Plaintiffs' Counsel's Motion foi- an Award of Attorneys' Fees
and Expenses, and finds that the amounts requested by Plaintiffs' Counsel are fair and reasonable. Plaintiffs' shall receive 33% of the $2 million fund ($660,000), established pursuatit
to the Settlement Agreement, and shall receive reimbursement of $78,565.59 in expenses they
incurred in prosecuting this litigation. These amounts shall be paid to Plaintiffs' Counsel in accordance with the Settlement Agreement.
The Court approves the settlement distribution plan set forth in the Affidavit of
Edward J. Sincavage, CPA Regarding Claims Administration, dated May 5, 2008, which shall be filed with the Court.
The Court hereby enters final judgment in this case and dismisses it with
prejudice in accordance with the terms of the Settlement Agreement. The final judgment shall not bind any class members who timely opted out of the settlement. There being no reason to delay entry of this Final Judgment, the Clerk of the Court is ordered to enter this Final Judgment
forthwith putsuant to Rule 54(b) of the Federal Rules of Civil Procedure. Without affecting the finality of this Final Judgment in any way, the Court
reserves exclusive and continuing jurisdiction over this action, the named Plaintiffs, the certified
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class, and the Defendant for purposes of supervising the implementation, enforcement,

construction and interpretation of the Settlement Agreement, the Preliminary Approval Order,

and tuis Order and the distribution of settlement payments and tax forms.

7 IT IS SO ORDERED, this

day of May, 2008.

,/

/1

-

HON. MICHAEL A. 1TELESCA

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 CLOSED, CLOSED_2008
U.S. DISTRICT COURT U.S. District Court, Western District of New York (Rochester)
CIVIL DOCKET FOR CASE #: 6:07−cv−06635−MAT

Bonnette et al v. Rochester Gas &Electric Co. Assigned to: Hon. Michael A. Telesca Cause: 42:1981 Job Discrimination (Race) Plaintiff Ebon Bonnette
Plaintiff Khalid Boston

Date Filed: 12/21/2007 Date Terminated: 05/08/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Bruce E. Gerstein Garwin, Gerstein &Fisher, LLP 1501 Broadway Room 1416 New York , NY 10036 212−398−0055 Fax: 212−764−6620 Email: bgerstein@garwingerstein.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers The Chavers Law Firm, PC 1250 Connecticut Avenue, NW Suite 200 Washington , DC 20037 202−835−1800 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli Garwin, Gerstein &Fisher, LLP 1501 Broadway Room 1416 New York , NY 10036 212−398−0055 Fax: 212−764−6620 Email: bgerstein@garwingerstein.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson Berger &Montague, P.C. 1622 Locust Street Philadelphia , PA 19103 (215) 875−4656 Fax: (215) 875−4604 Email: scarson@bm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Donna Cox
Plaintiff M. Diane Dixon
Plaintiff Odessa Dixon

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Robert Ellis
Plaintiff Michael Foster
Plaintiff Jerel Griffin

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Mark Hale
Plaintiff Jean Howard
Plaintiff Bertha Johnson

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Ellen Johnson
Plaintiff Stephanie Johnson
Plaintiff Johnny Kegler

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Mary Lalor−Timmons
Plaintiff Marcia Lane
Plaintiff Robert Lane

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Gail Marshall−Johnson
Plaintiff Thomas Moore
Plaintiff Delray Morgan

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Dolores Prad
Plaintiff Toney Proctor
Plaintiff Willie Sanders

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Lolita Smith
Plaintiff Brett Stevenson
Plaintiff Everlene Thompson

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Ophelia Tisdale
Plaintiff Richard Walford
Plaintiff Wanda Webb

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Patricia White
Plaintiff Robert Williams
Plaintiff Bonnie Wright individually and on behalf of all others similarly situated

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce E. Gerstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clayborne E. Chavers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jan Bartelli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shanon J. Carson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Rochester Gas &Electric Co.

represented by Michael S. Burkhardt Morgan, Lewis &Bockius LLP 1701 Market Street Philadelphia , PA 19103−2921 215−963−5130 Fax: 215−963−5001 Email: mburkhardt@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/21/2007
12/21/2007 01/24/2008
01/24/2008
01/25/2008 01/31/2008

# Docket Text
1 COMPLAINT against Rochester Gas &Electric Co. (Filing fee $350 receipt number ROC001455), filed by Dolores Prad, Toney Proctor, Willie Sanders, Lolita Smith, Brett Stevenson, Everlene Thompson, Donna Cox, Ophelia Tisdale, Richard Walford, Wanda Webb, Patricia White, Robert Williams, Bonnie Wright, M. Diane Dixon, Odessa Dixon, Robert Ellis, Ebon Bonnette, Michael Foster, Jerel Griffin, Mark Hale, Jean Howard, Bertha Johnson, Ellen Johnson, Stephanie Johnson, Johnny Kegler, Mary Lalor−Timmons, Marcia Lane, Khalid Boston, Robert Lane, Gail Marshall−Johnson, Thomas Moore, Delray Morgan.(JHF, ) (Entered: 12/27/2007)
Summons Issued as to Rochester Gas &Electric Co.(JHF) (Entered: 12/27/2007)
2 MOTION for Leave to Appear Pro Hac Vice by Dolores Prad, Toney Proctor, Willie Sanders, Lolita Smith, Brett Stevenson, Everlene Thompson, Donna Cox, Ophelia Tisdale, Richard Walford, Wanda Webb, Patricia White, Robert Williams, Bonnie Wright, M. Diane Dixon, Odessa Dixon, Robert Ellis, Ebon Bonnette, Michael Foster, Jerel Griffin, Mark Hale, Jean Howard, Bertha Johnson, Ellen Johnson, Stephanie Johnson, Johnny Kegler, Mary Lalor−Timmons, Marcia Lane, Khalid Boston, Robert Lane, Gail Marshall−Johnson, Thomas Moore, Delray Morgan. (Attachments: # 1 Declaration of Jan Bartelli# 2 Declaration of Shanon Carson# 3 Text of Proposed Order)(Bartelli, Jan) (Entered: 01/24/2008)
3 MOTION for Settlement PLAINTIFFS MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT by Dolores Prad, Toney Proctor, Willie Sanders, Lolita Smith, Brett Stevenson, Everlene Thompson, Donna Cox, Ophelia Tisdale, Richard Walford, Wanda Webb, Patricia White, Robert Williams, Bonnie Wright, M. Diane Dixon, Odessa Dixon, Robert Ellis, Ebon Bonnette, Michael Foster, Jerel Griffin, Mark Hale, Jean Howard, Bertha Johnson, Ellen Johnson, Stephanie Johnson, Johnny Kegler, Mary Lalor−Timmons, Marcia Lane, Khalid Boston, Robert Lane, Gail Marshall−Johnson, Thomas Moore, Delray Morgan. (Attachments: # 1 Memorandum in Support OF PLAINTIFFS MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Text of Proposed Order)(Bartelli, Jan) (Entered: 01/24/2008)
4 NOTICE of Appearance by Michael S. Burkhardt on behalf of all defendants (Burkhardt, Michael) (Entered: 01/25/2008)
5 ORDER granting 2 Motion for Leave to Appear to Shanon J. Carson, Esq. Signed by Judge Michael A. Telesca on January 31, 2008. (MS) (Entered: 01/31/2008)

02/11/2008 02/11/2008 04/11/2008
04/11/2008
04/14/2008 05/08/2008
05/08/2008 10/20/2008

6 ORDER granting 3 Motion for Preliminary Approval of Settlement. Fairness Hearing scheduled for 5/7/2008 at 10:00 AM. Signed by Judge Michael A. Telesca on February 11, 2008. (MS) (Entered: 02/11/2008)
Set/Reset Hearings: Fairness Hearing set for 5/7/2008 10:00 AM in Courtroom 1 before Hon. Michael A. Telesca. (MS) (Entered: 02/11/2008)
7 MOTION for Settlement Motion for Final Approval of the Settlement Agreement by Dolores Prad, Toney Proctor, Willie Sanders, Lolita Smith, Brett Stevenson, Everlene Thompson, Donna Cox, Ophelia Tisdale, Richard Walford, Wanda Webb, Patricia White, Robert Williams, Bonnie Wright, M. Diane Dixon, Odessa Dixon, Robert Ellis, Ebon Bonnette, Michael Foster, Jerel Griffin, Mark Hale, Jean Howard, Bertha Johnson, Ellen Johnson, Stephanie Johnson, Johnny Kegler, Mary Lalor−Timmons, Marcia Lane, Khalid Boston, Robert Lane, Gail Marshall−Johnson, Thomas Moore, Delray Morgan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2)(Carson, Shanon) (Entered: 04/11/2008)
8 MOTION for Attorney Fees Plaintiffs' Counsel's Motion for an Award of Attorneys' Fees and Expenses by Dolores Prad, Toney Proctor, Willie Sanders, Lolita Smith, Brett Stevenson, Everlene Thompson, Donna Cox, Ophelia Tisdale, Richard Walford, Wanda Webb, Patricia White, Robert Williams, Bonnie Wright, M. Diane Dixon, Odessa Dixon, Robert Ellis, Ebon Bonnette, Michael Foster, Jerel Griffin, Mark Hale, Jean Howard, Bertha Johnson, Ellen Johnson, Stephanie Johnson, Johnny Kegler, Mary Lalor−Timmons, Marcia Lane, Khalid Boston, Robert Lane, Gail Marshall−Johnson, Thomas Moore, Delray Morgan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Carson, Shanon) (Entered: 04/11/2008)
NOTICE: Set/Reset Deadlines as to 7 MOTION for Settlement Motion for Final Approval of the Settlement Agreement, 8 MOTION for Attorney Fees Plaintiffs' Counsel's Motion for an Award of Attorneys' Fees and Expenses. Motion Hearing set for 5/7/2008 10:00 AM before Hon. Michael A. Telesca. (MS) (Entered: 04/14/2008)
9 AFFIDAVIT of Edward J. Sincavage, CPA Regarding Claims Administration by Dolores Prad, Toney Proctor, Willie Sanders, Lolita Smith, Brett Stevenson, Everlene Thompson, Donna Cox, Ophelia Tisdale, Richard Walford, Wanda Webb, Patricia White, Robert Williams, Bonnie Wright, M. Diane Dixon, Odessa Dixon, Robert Ellis, Ebon Bonnette, Michael Foster, Jerel Griffin, Mark Hale, Jean Howard, Bertha Johnson, Ellen Johnson, Stephanie Johnson, Johnny Kegler, Mary Lalor−Timmons, Marcia Lane, Khalid Boston, Robert Lane, Gail Marshall−Johnson, Thomas Moore, Delray Morgan. (Carson, Shanon) (Entered: 05/08/2008)
10 Final Judgment Order of Dismissal with Prejudice granting 7 Motion for Settlement and 8 Motion for Attorney Fees. Signed by Hon. Michael A. Telesca on May 7, 2008.(Herrero−Jaarsma, Maria) (Entered: 05/08/2008)
11 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Fairness Hearing) held on 5/7/08, before Judge Michael A. Telesca. Court Reporter/Transcriber Karen J. Bush, Telephone number 585−613−4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/10/2008. Redacted Transcript Deadline set for 11/20/2008. Release of Transcript Restriction set for 1/20/2009. (JHF) (Entered: 10/20/2008)