CLAIMS,
WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, CONTINGENT OR
NON-CONTINGENT, WHICH NOW EXIST, OR HERETOFORE HAVE EXISTED, UPON ANY THEORY OF
LAW OR EQUITY NOW EXISTING OR COMING INTO EXISTENCE IN THE FUTURE, INCLUDING,
BUT NOT LIMITED TO, CONDUCT THAT IS NEGLIGENT, INTENTIONAL, WITH OR WITHOUT
MALICE, OR A BREACH OF ANY DUTY, LAW OR RULE, WITHOUT REGARD TO THE SUBSEQUENT
DISCOVERY OR EXISTENCE OF SUCH DIFFERENT OR ADDITIONAL FACTS.
(C)
THE CLASS MEMBERS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE
ASSIGNS, AGREE NOT TO SUE OR OTHERWISE MAKE A CLAIM AGAINST ANY OF THE RELEASED
PARTIES THAT IS IN ANY WAY RELATED TO THE RELEASED CLAIMS.
Class Action Settlement Agreement
Page 16
16.
ADDITIONAL RELEASE BY ALL SETTLEMENT CLASS MEMBERS
(A)
AS OF THE EFFECTIVE DATE, THE SETTLEMENT CLASS MEMBERS, INCLUDING
THE NAMED PLAINTIFF, AND ANY LATE CLAIM SETTLEMENT CLASS MEMBERS IN ADDITION TO
RELEASING THE RELEASED PARTIES FROM THE RELEASED CLAIMS AS OUTLINED ABOVE IN
PARAGRAPH 15, RELEASE THE RELEASED PARTIES FROM THE "RELEASED FEDERAL CLAIMS."
FOR PURPOSES OF THIS AGREEMENT, THE "RELEASED FEDERAL CLAIMS" ARE DEFINED AS:
(1)
ALL CLAIMS, DEMANDS, RIGHTS, LIABILITIES, AND CAUSES OF ACTION OF
EVERY NATURE AND DESCRIPTION WHATSOEVER, KNOWN OR UNKNOWN, ASSERTED OR THAT
MIGHT HAVE BEEN ASSERTED, WHETHER IN TORT, CONTRACT, OR FOR VIOLATION OF ANY
STATE OR FEDERAL CONSTITUTION, STATUTE, RULE OR REGULATION, INCLUDING FEDERAL
WAGE AND HOUR LAWS, WHETHER FOR ECONOMIC DAMAGES, NON-ECONOMIC DAMAGES,
RESTITUTION, PENALTIES OR LIQUIDATED DAMAGES, ARISING OUT OF:
[A]
ANY AND ALL FACTS, TRANSACTIONS, EVENTS, POLICIES, OCCURRENCES,
ACTS, DISCLOSURES, STATEMENTS, OMISSIONS OR FAILURES TO ACT ALLEGED, OR RELATED
TO ACTS ALLEGED, IN THE CLASS COMPLAINT, INCLUDING ALL FEDERAL CLAIMS PURSUANT
TO THE FLSA, INCLUDING CLAIMS: (A) THAT ALLSTATE DID NOT PAY THE CLASS MEMBERS
ALL OVERTIME THEY WERE OWED FOR WORK PERFORMED AS CLASS MEMBERS IN THE STATE OF
CALIFORNIA; (B) THAT ALLSTATE FAILED TO PROVIDE BREAKS TO THE CLASS MEMBERS
WHILE THEY PERFORMED WORK AS CLASS MEMBERS WITHIN THE STATE OF CALIFORNIA;
AND/OR (C) THAT ALLSTATE OWES WAGES, WAITING-TIME PENALTIES, PENALTIES,
INCLUDING ANY PENALTIES WHICH MAY BE AVAILABLE PURSUANT TO THE PAGA, INTEREST,
ATTORNEYS' FEES OR OTHER DAMAGES OF ANY KIND RELATED TO THE CLAIMS ALLEGED IN
THE CLASS COMPLAINT, AT ANY TIME ON OR BEFORE THE LAST DAY OF THE CLASS PERIOD
(WHETHER BASED ON FEDERAL WAGE AND HOUR LAW, CONTRACT, OR OTHERWISE); AND/OR
[B]
THE CAUSES OF ACTION ASSERTED IN THE CLASS COMPLAINT, INCLUDING
ANY AND ALL FEDERAL CLAIMS ARISING FROM THE FAIR LABOR STANDARDS ACT FOR ALLEGED
FAILURE TO PAY OVERTIME, FOR ALLEGED FAILURE TO PROVIDE BREAKS, FOR ALLEGED
FAILURE TO MAINTAIN AND FURNISH RECORDS OF HOURS WORKED, AND FOR ALLEGED
UNLAWFUL CONVERSION OF WAGES DUE TO CLASS MEMBERS FOR HOURS WORKED AS
CLASS MEMBERS WITHIN THE STATE OF CALIFORNIA.
(2)
THE RELEASED FEDERAL CLAIMS INCLUDE ANY UNKNOWN CLAIMS THAT THE
SETTLEMENT CLASS MEMBERS AND ANY LATE CLAIM SETTLEMENT CLASS MEMBERS DO NOT KNOW
OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF THE RELEASE, WHICH, IF KNOWN