Notice Plan. The Notice Plan shall consist of the following:
Notice Plan. 6.5.1 The Notice shall conform to all applicable requirements of the Federal Rules of Civil Procedure, the U.S. Constitution (including the Due Process Clauses), and any other applicable law, and shall otherwise be in the manner and form agreed upon by the Parties and approved by the Court.
Notice Plan. The Parties agree upon and will seek Court approval of the following forms and methods of notice to the members of the Settlement Class:
Notice Plan. The Notice Plan utilized to provide notice of this Settlement to the Settlement Class shall be approved in the Court’s Preliminary Approval Order. The Notice Plan shall be effectuated by the Settlement Administrator and shall include:
Notice Plan. The Notice Plan shall consist of the following: 22 (a) Direct Notice via Email and/or U.S. Mail. No later than the Notice Date, 23 the Settlement Administrator shall send Notice via email substantially in the form attached as 24 Exhibit B, along with an electronic link to the Claim Form, to all Settlement Class Members for 25 whom a valid email address is available in the Class List. In the event transmission of email 26 notice results in any “bounce-backs,” the Settlement Administrator shall, where reasonable: 27 correct any issues that may have caused the “bounce-back” to occur and make a second attempt 1 to re-send the email notice, and (ii) send Notice substantially in the form attached as Exhibit C 2 via First Class U.S. Mail provided an associated U.S. Mail address is contained in the Class List. 3 The Settlement Administrator shall also send Notice substantially in the form attached as Exhibit 4 C via First Class U.S. Mail to all Settlement Class Members with a Lifetime Spending Amount 5 greater than $100.00 provided an associated U.S. Mail address is contained in the Class List.
Notice Plan. After the Court enters the Preliminary Approval Order, Class Notice will be provided to the Settlement Class in accordance with the following procedures:
Notice Plan. In furtherance of their agreement to see this Court’s approval of the Parties’ proposed Settlement Agreement, Plaintiff Xxxxx Xxxxxx and the other named Plaintiffs, on behalf of themselves and the Class certified by the Court, and Defendant Xxxx Xxxxxxx (collectively, the “Parties”), propose that the notices more fully described below be approved by the Court as fully comporting with the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process:
Notice Plan. 10.1. In connection with a motion seeking a Preliminary Approval Order, Class Counsel shall present the Notice Plan to the Court for approval, which shall describe in detail the process for implementing and executing a plan to notify Settlement Class Members of, among other things, (i) the Settlement, (ii) the availability and process for claiming benefits under the Consumer Settlement Benefits Plan, and (iii) the procedure for Settlement Class Members to object to the Settlement and request exclusion from the Settlement.
Notice Plan. The Notice Plan submitted with the Motion for Preliminary Approval and the forms of notice attached thereto satisfy the requirements of Federal Rule of Civil Procedure 23 and are thus approved. Non-material modifications to the notices may be made without further order of the Court. The Settlement Administrator is directed to carry out the Notice Plan in conformance with the Settlement Agreement and to perform all other tasks that the Settlement Agreement requires. Prior to the Final Approval Hearing, Class Counsel shall cause to be filed with the Court an appropriate declaration with respect to complying with the provisions of the Notice Plan. The Court further finds that the form, content, and method of giving notice to the Settlement Classes as described in the Notice Plan submitted with the Motion for Preliminary Approval: (a) constitute the best practicable notice to the Settlement Classes; (b) are reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action, the terms of the proposed Settlement, and their rights under the proposed Settlement; (c) are reasonable and constitute due, adequate, and sufficient notice to those persons entitled to receive notice; and (d) satisfy the requirements of Federal Rule of Civil Procedure 23, the constitutional requirement of due process, and any other legal requirements. The Court further finds that the notices are written in plain language, use simple terminology, and are designed to be readily understandable by Settlement Class Members.
Notice Plan. “Notice Plan” shall mean the plan for distribution of the Notice, in- cluding direct mail and publication, as appropriate, which is subject to the approval of the Court as provided in Paragraph 7.1 of this Agreement.
