Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the Parties have mutually agreed to ask the Court to appoint Simpluris as the qualified administrator, to serve as the Settlement Administrator, which, as a condition of appointment, will agree to be bound by this Agreement with respect to the performance of its duties and its compensation. The Settlement Administrator’s duties will include preparing, printing, and mailing the Class Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class Notice Packets; re-mailing Class Notice Packets that are returned to the Class Member’s new address; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Elections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class Notice Packets and receipt of completed Elections Not to Participate in Settlement; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement; and otherwise administering the Settlement pursuant to this Agreement. The Settlement Administrator will have the authority to resolve all disputes concerning the calculation of a Participating Class Member’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration Expenses, including the cost of printing and mailing the Class Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall have its own Employer Identification Number under Internal Revenue Service Form W-9 and shall use its own Employer Identification Number in calculating payroll withholdings for taxes and shall transmit the required employers’ and employees’ share of the withholdings to the appropriate state and federal tax authorities. The Settlement Administrator shall establish a settlement fund that meets the requirements of a Qualified Settlement Fund (“QSF”) under US Treasury Regulation section 468B-1.
Appointment of Settlement Administrator. The Parties request that the Court appoint ILYM Group, Inc. as Settlement Administrator. The Settlement Administrator will be responsible for the administration of the settlement terms set forth herein, and all related matters. Among other responsibilities, the Settlement Administrator will: (i) provide required notices under the Class Action Fairness Act as applicable, (ii) publish notice of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessary; (iii) track returned notices; (iv) notify the Parties of timely and untimely Objections and requests for exclusion received; (v) notify the Parties of any disputes by Class Members of the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from same; (vi) calculate the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% of the PAGA Payment to the LWDA for settlement of the PAGA claim. The Settlement Administrator will also issue a 1099 form to Class Counsel for sums they received under this Agreement. Among its other duties as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlement. The Parties agree to provide any reasonable information requested by the Settlement Administrator needed to eff...
Appointment of Settlement Administrator. The Settlement Administrator will perform the duties of distributing notice, independently reviewing requests for exclusion and objections, and verifying and distributing any amounts due to Settlement Class Members as described in this Settlement Agreement. The Settlement Administrator will report, in summary or narrative form, the substance of its findings. All disputes relating to the Settlement 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 Settlement Agreement, until all payments and obligations contemplated by the Settlement Agreement have been fully carried out.
Appointment of Settlement Administrator. Class Counsel, with the Defendant's approval, will select the Settlement Administrator. The Settlement Administrator shall be appointed by the Court in the Notice Approval Order. The Settlement Administrator shall provide Class Counsel and Defendant Counsel with a detailed estimate of the cost and timeline for performing all tasks and duties in connection with this Settlement Agreement.
Appointment of Settlement Administrator. Solely for the purposes of this Settlement, the Parties stipulate and agree that CPT Group. Inc. shall be retained to serve as Settlement Administrator. The Settlement Administrator shall be responsible for preparing, printing, translating into Spanish, and mailing the Notice to the Putative Class Members; keeping track of any objections or requests for exclusion from Class Members; performing skip traces and remailing Notices and Individual Settlement Shares to Class Members; calculating any and all payroll tax deductions as required by law; calculating each Class Member’s Individual Settlement Share; providing weekly status reports to Defendants’ Counsel and Class Counsel, which is to include updates on any objections or requests for exclusion that have been received; providing a due diligence declaration for submission to the Court prior to the Final Approval hearing; mailing Individual Settlement Shares to Participating Class Members; calculating and mailing the aggrieved employees Payment to the LWDA; distributing the Attorney Fee Award and Cost Award to Class Counsel; printing and providing Class Members and Plaintiff with W-2s and 1099 forms as required under this Agreement and applicable law; providing a due diligence declaration for submission to the Superior Court upon the completion of the Settlement; providing any funds remaining in the QSF as a result of uncashed checks to the state Department of Industrial Relations Unpaid Wages Fund in the name of the Settlement Class member, including the administration of related tax reimbursements; and for such other tasks as the Parties mutually agree.
Appointment of Settlement Administrator. 1. The Parties will ask the Court to appoint Settlement Services, Inc., whom Class Counsel believe to be a qualified administrator, to serve as the Settlement Administrator, which, as a condition of appointment, will agree to be bound by this Settlement with respect to the performance of its duties. Class Counsel will retain the Settlement Administrator with the approval of the Court.
2. The Settlement Administrator will provide the Parties an invoice for its services on a monthly basis. Defendants shall be responsible for paying up to $3,750, with the remainder to be paid by Class Counsel. Defendants’ share of these costs will not be deducted from the Settlement Fund, but instead shall be paid through funds outside of and separate from the Settlement Fund.
3. The Settlement Administrator will open and administer an interest-bearing account or accounts (“Settlement Fund Account(s)”) approved by Class Counsel with a unique Tax Payer Identification Number. The monetary payments described in Section IV will be paid by Defendants into this/these Settlement Fund Account(s) according to the terms of Section IV. The Settlement Fund Account(s) will constitute a qualified settlement fund within the meaning of Treasury Regulations §§ 1.468B-1, et seq., and it will be created, managed, and disbursed by the Settlement Administrator under the supervision and at the direction of Class Counsel, but at all times pursuant to, and in compliance with, the terms of this Settlement. Defendants shall hereby be deemed to have made an election under Section 468B of the Revenue Code to have the Settlement Fund treated as a “qualified settlement fund.” The Insurer and the City of Alexander City shall timely furnish a statement to the Settlement Administrator that complies with Treasury Regulation § 1.468B-3(e) and shall attach a copy of the statement to any federal income tax return that is filed for the taxable year in which the required payments are made.
4. In addition to the above, the Settlement Administrator’s duties shall include responsibility for all tax reporting, tax withholding, and tax withholding payments to appropriate governmental agencies associated with payments from the Settlement Fund to Class Counsel, the Named Plaintiffs and the Settlement Class Members, including the issuance of Forms 1099, as appropriate, for the payments distributed from the Settlement Fund.
Appointment of Settlement Administrator. Solely for the purposes of this Settlement, the Parties stipulate and agree that the Settlement Administrator shall be retained to serve as Settlement Administrator, subject to Court approval and appointment.
Appointment of Settlement Administrator. In the motion for preliminary approval, the Settling Parties will ask the Court to appoint a qualified third party to serve as the Settlement Administrator, subject to the Court’s approval. As a condition of appointment, the Settlement Administrator will agree to be bound by this Agreement with respect to the performance of its duties and its compensation.
Appointment of Settlement Administrator. The Parties will ask the District Court to appoint a mutually acceptable Settlement Administrator, which, as a condition of appointment, will agree to be bound by this Agreement with respect to the performance of its duties and its compensation. The Settlement Administrator’s duties will include preparing, printing, and mailing to all Class Members the Class Notice; conducting a National Change of Address search and using Accurint and other reasonable and cost-effective skip trace methods to locate any Class Member whose Class Notice was returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class Notice to the Class Member’s new address; setting up a toll-free telephone number to receive calls from Class Members; creating a dedicated website to provide information (in English and Spanish) about the Settlement, including and this Agreement and its exhibits and separately the information set forth in Exhibit D to this Agreement and an area where Class Members can update their addresses; receiving elections not to participate in the Settlement; providing the Parties with weekly status reports about the delivery of Class Notices and receipt of elections not to participate in the Settlement; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; and otherwise administering the Settlement pursuant to this Agreement. The Settlement Administrator will have the final authority to resolve all disputes concerning the calculation of a Class Member’s Settlement Share, subject to the dollar limitations set forth in this Agreement. The Settlement Administrator’s reasonable fees and expenses, including the cost of printing and mailing the Class Notices, will be paid out of the Maximum Settlement Amount.
Appointment of Settlement Administrator. The Settlement Administrator will be appointed by the Court in the Preliminary Approval Order. The Settlement Administrator shall be responsible for administering the Claim process and taking other actions as set forth in this Agreement. The reasonable fees and expenses of the Settlement Administrator shall be paid from the Class Settlement Fund. The Settlement Administrator shall provide Co-Lead Class Counsel and Counsel for NIBCO with a Declaration that will be filed with Plaintiffs’ Motion for Preliminary Approval and that shall set forth a detailed estimate and a “not to exceed” price for performing all tasks and duties regarding this Settlement. The Settlement Administrator’s subsequent invoices through the Final Approval Hearing shall be approved by the Court in its Final Approval Order.
