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 Settlement Services, Inc. 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for Exclusion; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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.
Appears in 2 contracts
Samples: Class and Collective Action Settlement Agreement, Class and Collective Action Settlement Agreement
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 Settlement Services, Inc. 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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.
Appears in 2 contracts
Samples: First Amended Class Action Settlement Agreement (Mistras Group, Inc.), Class Action Settlement Agreement (Mistras Group, Inc.)
Appointment of Settlement Administrator. After obtaining a not-to-exceed quote from mutually acceptable and three different qualified settlement administrators, the The Parties have mutually agreed to will ask the Court to appoint Settlement ServicesILYM Group, Inc. an experienced wage and hour class action administrator, 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update on any Class Member addresses before mailing Notice Packet returned by the Class U.S. Postal Service as non-deliverable, and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; calculating Settlement Shares; maintaining the Settlement Fund account in an interest-bearing account; issuing the checks to effectuate the payments due under the Settlement; sending one reminder notice to members of the Class reminding them to cash their settlement checks, providing periodic updates on the status of uncashed checks, paying the payroll taxes required under this Settlement, issuing the tax reports required under this 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 Participating Class Member’s or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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-1-1.
Appears in 1 contract
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 Settlement Services, Inc. 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 Administrator shall be responsible for preparing, translating into Spanish, printing, and mailing the Class and Collective Notice Packet to all the Class Members; conducting creating a National Change of Address search to update Class Member addresses before mailing static settlement website that will go live on the Class and Collective same date the Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet is first mailed to the Class Member’s new addressMembers and that will include, among other things, the Complaint, standalone generic copies of the Class Notice and Exclusion Form, all papers filed in connection with the Preliminary Approval Hearing (including all orders filed by the Court), all papers filed in connection with the Final Approval Hearing (including the fee motion and the final approval motion), and, if the Settlement is approved, the Final Approval Order and Judgment; sending reminders keeping track of any objections or requests for exclusion from Class Members; performing skip traces and remailing Class Notices and Individual Settlement Shares to Class Members; setting up calculating any and all payroll tax deductions as required by law; calculating each Class Member’s Individual Settlement Share; calculating Eligible Aggrieved Employees’ Individual PAGA Payment; 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 toll-free telephone number due diligence declaration for submission to receive calls from the Court prior to the Final Approval Hearing; mailing Individual Settlement Shares to Participating Class Members; receiving mailing Individual PAGA Payments to Eligible Aggrieved Employees; mailing the portion of the PAGA Payment due to the LWDA to the LWDA; distributing the Attorney Fee Award and reviewing for validity completed Requests for ExclusionCost Award to Class Counsel; printing and providing Class Members, Eligible Aggrieved Employees 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 Parties with weekly status reports about Superior Court upon the delivery completion of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing providing any funds remaining in the QSF as a result of uncashed checks to the State Controller’s Unclaimed Property Fund in the name of the Class Member; providing for the administration of related tax reports required under this Settlementreimbursements; and otherwise administering for such other tasks as the Settlement pursuant to this AgreementParties mutually agree. The Settlement Administrator will Parties each represent that they do not have the authority to resolve all disputes concerning the calculation any financial interest in CPT Group, Inc. or otherwise have a relationship with CPT Group, Inc. that could create a conflict of a Participating Class Member’s or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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-1interest.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Court to appoint Settlement Services, Inc. as the qualified administrator, to serve Rust Consulting 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 and Collective Notice Packet Packets to all Class Members; conducting a National Change of Address search to update on any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, mailing a reminder post-card, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; posting the Settlement Agreement and Class Counsel’s Motion for Final Approval, which will include the Application for Class Counsel Fees and Class Counsel Litigation Expenses, on a website viewable by the general public; receiving completed Claim Forms and reviewing for validity completed Requests for ExclusionExclusion Requests; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionClaim Forms and Exclusion Requests; calculating individual Settlement Shares; issuing the checks to effectuate the payments due under the this Settlement; issuing the tax reports required under this 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 Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, Share subject to the dollar limitations and calculations terms set forth in this Agreement. The Settlement Administration ExpensesAdministrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that Employer Identification Number , as set forth 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-1this Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Court to appoint Phoenix Settlement ServicesAdministrators, Inc. 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update addresses prior to mailing; performing a reasonable address search for any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; calculating Defendants’ employer share of any payroll taxes, calculating Settlement Shares; issuing the checks and accompanying notices 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 Subject to consultation with Class Counsel and Defendants’ Counsel, the Settlement Administrator will have the final authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. In the event that any questions or disputes arise regarding an individual’s membership in the Class, Defendants’ records will be presumed to be accurate and correct, and will be presumptively determinative to resolve the dispute. The Settlement Administration Expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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-1468B-1 and section 468B of the Internal Revenue Code of 1986, as amended (the “Code”). The Settlement Administrator shall be treated as an “administrator” as defined at Treasury Regulation section 1.468B-2(k) for purposes of federal and state income tax reporting with respect to the distributions from the Net Settlement Amount. Accordingly, Forms 1099 will be distributed by the Settlement Administrator at times and in the manner required by the Code and consistent with this Agreement. If the Code, the regulations promulgated thereunder, or other applicable tax law, is changed after the date of this Agreement, the processes set forth in this section may be modified in a manner to comply with any such changes.
Appears in 1 contract
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 Settlement Services, Inc. ILYM Group 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 Parties will also enter into a separate Services Agreement with the Settlement Administrator to be drafted by Defendant’s Counsel for review by Settlement Class Counsel to confirm the Settlement Administrator’s duties will include preparingresponsibilities. The Settlement Administrator shall (i) create a secure website that allows Settlement Class Members to review court documents pertinent to the proposed settlement; (ii) prepare, printingprint, and mailing mail the Class and Collective Notice Packet to all Settlement Class Members; conducting (iii) conduct a National Change of Address search to update Settlement Class Member Members’ addresses before mailing the Class and Collective Notice Packets; (iv) re-mailing mail Class and Collective Notice Packets that are returned to the Settlement Class Member’s new address; sending reminders to Class Members; setting (v) set up a toll-free telephone number to receive calls from Settlement Class Members; receiving (vi) receive and reviewing review for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing (vii) provide the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; calculating (viii) calculate Settlement Shares; issuing (ix) issue the checks to effectuate the payments due under the Settlement; issuing (x) calculate taxes due on the Wage Portion of the Settlement Shares and remit the appropriate taxes to federal and state tax authorities; (xii) issue the tax reports required under this Settlement; and (xii) otherwise administering administer the Settlement pursuant to this Agreement. The Settlement Administrator will have the authority to resolve all disputes concerning the calculation of a Participating Settlement Class Member’s or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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-1468B-1 in which the Gross Settlement Amount and employer’s share of payroll taxes shall be deposited.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsSolely for the purposes of this Settlement, the Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. as the qualified administrator, stipulate and agree that Phoenix Class Action Administration Solutions shall be retained 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 Administrator shall be responsible for: (a) preparing, translating into Spanish and Vietnamese, printing, and mailing the Class and Collective Notice Packet to all the Class Members; conducting (b) creating a National Change of Address search to update Class Member addresses before mailing static settlement website that will go live on the Class and Collective same date the Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet is first mailed to the Class Member’s new addressMembers and that will include, among other things, the Complaint, standalone generic copies of the Notice and Exclusion Form, all papers filed in connection with the preliminary approval motion (including all orders filed by the Court), all papers filed in connection with the Final Approval Hearing (including the fee motion and the final approval motion), and, if the Settlement is approved, the Final Judgment; sending reminders (c) keeping track of any objections or requests for exclusion from Class Members; (d) performing skip traces and remailing Notice Packets, Individual Settlement Shares, and portions of the PAGA Payment to Class Members; setting up a toll-free telephone number to receive calls from Class Members(e) calculating any and all payroll tax deductions as required by law; receiving (f) calculating and reviewing for validity completed Requests for Exclusion; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; 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 mailing each Participating Class Member’s Individual Settlement Share and each Eligible Aggrieved Employee’s portion of the PAGA Payment; (g) providing weekly status reports to Counsel for Defendant and Class Counsel, which are to include updates on any objections or Opt-In Plaintiffrequests for exclusion that have been received; (h) mailing the LWDA’s Settlement Share, subject portion of the PAGA Payment to the dollar limitations LWDA; (i) distributing the Attorney Fee Award and calculations set forth in this Agreement. The Settlement Administration Expenses, including the cost of Cost Award to Class Counsel; (j) printing and mailing providing Class Members and Plaintiff with W-2 and 1099 Forms as required under this Agreement and applicable law; (k) providing a due diligence declaration for submission to the Class and Collective Notice Packet, will be paid out Court upon completion of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that Employer Identification Number in calculating payroll withholdings for taxes and shall transmit the required employers’ and employees’ share of the withholdings prior to the appropriate state and federal tax authorities. The Settlement Administrator shall establish a settlement fund that meets Final Approval Hearing; (l) turning over any funds remaining in the requirements of a Qualified Settlement Fund at the close of the 180-day period as a result of uncashed checks to the California State Controller: Unpaid Wage Fund; and (“QSF”m) under US Treasury Regulation section 468B-1performing other tasks as the Parties mutually agree. The Parties each represent that they do not have any financial interest in Phoenix or otherwise have a relationship with Xxxxxxx that could create a conflict of interest.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a not-to-exceed quote from mutually acceptable and qualified settlement administrators, the Parties have mutually agreed to ask the Court to appoint Settlement ServicesILYM Group, Inc. 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update on any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non- deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections 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 final authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration ExpensesAdministrator may consult with Class Counsel and Defendants’ counsel to resolve any dispute. The Settlement Administrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement AmountAmount as the Settlement Administration Expenses, not to exceed the amount set forth in Section III.B.4. The Settlement Administrator may use an information-only website to provide notice and information about the Settlement to the Class Members. The domain name used for the Settlement Administrator’s website for the Settlement will be subject to Defendants’ reasonable approval. The Settlement Administrator’s website for the Settlement will be taken down no later than the date the Settlement Administrator pays any unclaimed amounts in to the State Controller’s Office of Unclaimed Property. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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. Within five days of calculating the payroll withholdings for taxes, the Settlement Administrator shall notify Defendants of the amount of employers’ share of withholdings that Defendants will need to pay 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.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsconsultation with Defendants, the Parties have mutually agreed to Class Counsel will ask the Court to appoint Settlement Services, Inc. as the a qualified administrator, 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update on any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionClaim Forms and Elections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionClaim Forms and Elections Not to Participate in Settlement; providing the parties with the received Claim Forms; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement; distributing any remaining funds as directed by the court; and posting the Order of the Final Approval or Non Approval on its website and/or change in date or continuation of the Final Approval hearing 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 Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration ExpensesAdministrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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.
Appears in 1 contract
Samples: Settlement Agreement and Release (Landec Corp \Ca\)
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsSolely for the purposes of this Settlement, the Parties have mutually agreed to ask the Court to appoint Settlement Servicesstipulate and agree that CPT Group, Inc. as the qualified administrator, shall be retained to serve as the Settlement Administrator, which, as a condition of appointment, will agree subject to be bound by this Agreement with respect to the performance of its duties and its compensationCourt approval. The Settlement Administrator’s duties will include Administrator shall be responsible for: (a) preparing, printing, and mailing the Class and Collective Notice Packet to all the Class Members; conducting (b) creating a National Change of Address search to update Class Member addresses before mailing static settlement website that will go live on the Class and Collective same date the Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet is first mailed to the Class Member’s new addressMembers and that will include, among other things, the Complaints, standalone generic copies of the Notice, Exclusion Form, and, if the Settlement is approved, the Final Judgment; sending reminders (c) keeping track of any objections or requests for exclusion from Class Members; (d) performing skip traces and remailing Notice Packets, Individual Settlement Shares, and portions of the PAGA Payment to Class Members; setting up a toll-free telephone number to receive calls from Class Members(e) calculating any and all payroll tax deductions as required by law; receiving and reviewing for validity completed Requests for Exclusion; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; (f) 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 each Participating Class Member’s Individual Settlement Share and each Eligible Aggrieved Employee’s portion of the PAGA Payment; (g) providing weekly status reports to Counsel for Defendants and Class Counsel, which are to include updates on any objections or Opt-In Plaintiffrequests for exclusion that have been received; (h) mailing Individual Settlement Shares and portions of the PAGA Payment to Participating Class Members and Eligible Aggrieved Employees, respectively; (i) mailing the LWDA’s Settlement Share, subject portion of the PAGA Payment to the dollar limitations LWDA; (j) distributing the Attorney Fee Award and calculations set forth in this Agreement. The Settlement Administration Expenses, including the cost of Cost Award to Class Counsel; (k) printing and mailing providing Class Members and Plaintiff with W-2 and 1099 forms as required under this Agreement and applicable law; (l) providing a due diligence declaration for submission to the Class and Collective Notice Packet, will be paid out Court upon completion of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that Employer Identification Number in calculating payroll withholdings for taxes and shall transmit the required employers’ and employees’ share of the withholdings prior 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.Final Approval Hearing;
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsThe Parties agree to use CPT Group, the Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. as the qualified administratorInc., to serve as the Settlement Administrator, which, as a condition of appointment, will agree to be bound by follow 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 and Collective Notice Packet to all Class MembersMembers in English; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Membersaddress as located upon skip-tracing or as provided by Counsel for the Parties; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; calculating Settlement SharesShares payments; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement; handling uncashed checks, and providing declarations as requested by the Parties, 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of come from the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsSolely for the purposes of this Settlement, the Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. as the qualified administrator, stipulate and agree that CPT shall be retained 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for Exclusion; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall be responsible for preparing, printing, mailing, and emailing the Class Notice to Class Members; performing skip traces and remailing notices to Class Members; calling Class Members with undeliverable notices to obtain an Employer Identification Number accurate addresses; keeping track of any objections or requests for exclusion from 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 Defendant’s 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 and remailing Individual Settlement Shares to Participating Class Members; calculating and shall use that Employer Identification Number in calculating payroll withholdings mailing the PAGA Payment to the LWDA; distributing the Attorneys Fee Award and Cost Award to Class Counsel; printing and providing Participating Class Members and Plaintiffs with W-2 forms as required under this Agreement and applicable law; providing a due diligence declaration for taxes and shall transmit submission to the required employers’ and employees’ share District Court upon the completion of the withholdings Settlement; providing any funds remaining as a result of uncashed checks to the appropriate state LAFLA Legal Aid Foundation of Los Angeles, in the amounts directed per this Settlement, including the administration of related tax reimbursements; and federal tax authoritiesfor such other tasks as the Parties mutually agree. The Settlement Administrator shall establish Parties each represent that they do not have any financial interest in the LAFLA Legal Aid Foundation or otherwise have a settlement fund relationship with LAFLA Legal Aid Foundation that meets the requirements could create a conflict of a Qualified Settlement Fund (“QSF”) under US Treasury Regulation section 468B-1interest.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Superior Court to appoint Settlement ServicesXxxxxxx & Co., Inc. as the LLC, a 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 and Collective Notice Packet to all the Class MembersMembers and the bankruptcy trustees; conducting a National Change of Address search to update on any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s or bankruptcy trustee’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class MembersMembers and bankruptcy trustees; determining the correct number of Compensable Workweeks; receiving and reviewing for validity completed Requests for ExclusionClaim Forms; receiving completed Elections Not to Participate in Settlement; receiving written abandonments of claims from Bankrupt Class Members; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionClaim Forms and Elections Not to Participate in Settlement; calculating Settlement Shares and Net 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 final authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiffand bankruptcy trustee’s Settlement Share and Net Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration ExpensesAdministrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Maximum Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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.
Appears in 1 contract
Samples: Settlement Agreement (Lojack Corp)
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 Settlement ServicesILYM Group, Inc. 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 duties of the Settlement Administrator’s duties Administrator will include preparing, printing, and mailing the Class and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that its own Employer Identification Number in calculating payroll withholdings for taxes and shall transmit the required employers’ and employees’ share of the withholdings ithholdings 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-1-1.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. Phoenix Class Action Administration Solutions 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests Request for Exclusion; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests Request for Exclusion; calculating Settlement Shares and Individual PAGA Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports forms 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsSolely for the purposes of this Settlement, the Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. as the qualified administrator, stipulate and agree that Phoenix Class Action Administration Solutions shall be retained 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 Administrator shall be responsible for preparing, printing, and mailing the Class and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class MembersMembers and Aggrieved Employees; setting up a toll-free telephone number performing skip traces and remailing notices to receive calls Class Members and Aggrieved Employees; calling Class Members and Aggrieved Employees with undeliverable notices to obtain accurate addresses; keeping track of any objections or requests for exclusion from Class Members; receiving calculating any and reviewing for validity completed Requests for Exclusionall payroll tax deductions as required by law; calculating each Class Member’s and Aggrieved Employee’s Individual Settlement Share; maintaining a website which will include settlement documents; providing the Parties with weekly status reports about to Defendant’s 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 delivery of Court prior to the Final Approval hearing; mailing and remailing Individual Settlement Shares to Participating Class Members and Collective Notice Packets and receipt of completed Requests for ExclusionAggrieved Employees; calculating Settlement Sharesand mailing the LWDA Payment to the LWDA; issuing distributing the checks Attorneys Fee Award and Cost Award to effectuate Class Counsel; printing and providing Participating Class Members, Aggrieved Employees, 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 payments due under Court upon the completion of the Settlement; issuing providing any funds remaining in the tax reports required under QSF as a result of uncashed checks to Legal Aid at Work in the amounts directed per this Settlement; and otherwise administering for such other tasks as the Settlement pursuant to this AgreementParties mutually agree. The Parties each represent that they do not have any financial interest in Phoenix Settlement Administrator will Administrators or otherwise have the authority to resolve all disputes concerning the calculation a relationship with Phoenix Settlement Administrators that could create a conflict of a Participating Class Member’s or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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-1interest.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Court to appoint Phoenix Settlement Services, Inc. Administrators 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 In the event the Court does not approve the appointment of Phoenix Settlement Administrator’s Administrators the parties will duties will include preparing, printing, and mailing the Class and Collective Notice Packet to all Class Members, including both English and Spanish versions of the Notice; conducting a National Change of Address search to update on any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free -free telephone number to receive calls from Class Members; setting up and maintaining a case-specific documents, including the final approval order and judgment; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; calculating Settlement Shares and PAGA Shares; maintaining the Settlement Fund account in an interest-bearing account; issuing the checks to effectuate the payments due under the Settlement; , providing periodic updates on the status of uncashed checks, 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 or Opt-In Plaintiff’s Settlement Share, subject co to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration Expensesreasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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 set Treasury Regulation section 468B-1.
Appears in 1 contract
Samples: Class and Representative Action Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Court to appoint Settlement Services, Inc. as the qualified administrator, to serve Xxxxxxxx Xxxxxx Consultants LLC 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 and Collective Notice Packet to all Known Class Members; conducting a National Change of Address search to update on any Class Member addresses before Notice returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; setting up a website that will contain all pertinent information relating to the Settlement, including a long form Class Notice and a Claim Form for Unknown Class Members; receiving completed Elections Not to Participate in Settlement; receiving and reviewing for validity completed Requests for Exclusiontracking the timely submission of Claim Forms submitted by Unknown Class Members; providing the Parties Class Counsel and Defendant’s Counsel with weekly status reports about the delivery of Class and Collective Notice Packets Notice, receipt of completed Elections Not to Participate in Settlement, and receipt of completed Requests for Exclusiontimely Claim Forms; calculating Settlement Shares; issuing mailing the checks gift cards to effectuate the payments due under the Settlement; issuing the tax reports required under this SettlementAgreement; and otherwise administering the Settlement pursuant to this Agreement. The Settlement Administrator will have mail activated gift cards to Known Class Members and Unknown Class Members who submitted valid Claim Forms after the authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreementbecomes Final. The Settlement Administration ExpensesAdministrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice PacketNotice, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. as the qualified administrator, to serve selected Phoenix Class Action Administration Solutions as the Settlement Administrator. Pursuant to an order of the Court, which, as a condition of appointment, the Settlement Administrator will agree to be bound by this Agreement with respect to responsible for maintaining and administering the performance of its duties and its compensationQualified Settlement Fund. The Settlement Administrator’s duties will include Administrator shall be responsible for preparing, printing, and mailing the Class and Collective Notice Packet to all Notice; keeping track of any objections or requests for exclusion from Class Members; conducting a National Change of Address search to update handling inquiries from Class Member addresses before mailing the Class Members; performing skip traces and Collective Notice Packets; re-mailing Class remailing Notices and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders Individual Settlement Shares to Class Members; setting up calculating Employer’s Payroll Taxes as required by any taxing authority; calculating and paying Required Tax Withholding as required by any taxing authority; calculating each Class Member’s Individual Settlement Share; calculating each PAGA Employee’s PAGA Payment; providing weekly status reports to Defendant’s Counsel and Class Counsel, which is to include updates on any objections or requests for exclusion that have been received; providing a toll-free telephone number due diligence declaration for submission to receive calls from the Court prior to the Final Approval Hearing; mailing Individual Settlement Shares to Participating Class Members; receiving mailing the PAGA Fund to individual PAGA Employees; calculating and reviewing for validity completed Requests for Exclusionmailing seventy-five percent (75%) of the PAGA Payment to the LWDA as ordered by the Court; distributing the Attorneys’ Fee Award and Cost Award to Class Counsel; printing and providing Class Members and Plaintiffs with W-2s and 1099 forms as required under this Agreement and applicable law; providing a due diligence declaration for submission to the Parties with weekly status reports about Court upon the delivery completion of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing providing any funds remaining in the QSF as a result of uncashed checks as ordered by the Court, including the administration of related tax reports required under this Settlementitems; providing notice of the final judgment to the class by posting for no less than 90 days the final judgment on a website created or maintained by the Settlement Administrator; and otherwise administering for such other tasks as the Settlement pursuant to this AgreementParties mutually agree. The Settlement Administrator will have the authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations carry out any additional duties as set forth in this Agreement. The Settlement Administration Expenses, including Agreement or as ordered by the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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-1Court.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsSolely for the purposes of this Settlement, the Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. as the qualified administrator, stipulate and agree that Phoenix shall be retained 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 Administrator shall be responsible for preparing, printing, and mailing the Class and Collective Notice Packet to all the Class Members; conducting a National Change keeping track of Address search to update any objections or requests for exclusion from Class Member addresses before mailing the Members; performing skip traces and remailing Class Notices and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders Individual Settlement Shares to Class Members; setting up calculating any and all payroll tax deductions as required by law; calculating each Class Member’s Individual Settlement Share; calculating Eligible Aggrieved Employees’ Individual PAGA Payment; providing weekly status reports to Defendant’s Counsel and Class Counsel, which is to include updates on any objections or requests for exclusion that have been received; providing a toll-free telephone number due diligence declaration for submission to receive calls from the Court prior to the Final Approval hearing; mailing Individual Settlement Shares to Participating Class Members; receiving mailing Individual PAGA Payments to Eligible Aggrieved Employees; mailing the portion of the PAGA Payment due to the LWDA to the LWDA; distributing the Attorney Fee Award and reviewing for validity completed Requests for ExclusionCost Award to Class Counsel; printing and providing Class Members, Eligible Aggrieved Employees 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 Parties with weekly status reports about Superior Court upon the delivery completion of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing providing any funds remaining in 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 GSA as a result of a Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject uncashed checks to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration Expensescharity designated by Defendants, the Monarch School, which qualifies under California Code of Civil Procedure section 384 as a cy pres recipient, including the cost administration of printing related tax reimbursements; and mailing for such other tasks as the Class and Collective Notice Packet, will be paid out of the Gross Settlement AmountParties mutually agree. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use Parties each represent that Employer Identification Number they do not have any financial interest in calculating payroll withholdings for taxes and shall transmit the required employers’ and employees’ share Phoenix or otherwise have a relationship with Xxxxxxx that could create a conflict 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-1interest.
Appears in 1 contract
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 Settlement Services, Inc. ILYM Group 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity validly completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Superior Court to appoint Settlement ServicesCPT Group, Inc. as the (“CPT”), a 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 and Collective Notice Packet to all Settlement Class Members; using best efforts to contact all Settlement Class Members including, without limitation, conducting a National Change of Address search to update on all Settlement Class Member addresses Members before mailing the Class Notice Packet to each Settlement Class Member’s address, conducting Lexis/Nexis searches utilizing reasonably available data, including driver’s license numbers, or social security numbers, and Collective Notice Packets; all other means the Settlement Administrator deems appropriate and necessary to contact all Settlement Class Members. The Settlement Administrator’s duties will also include re-mailing the Class and Collective Notice Packets that are returned Packet to the Settlement Class Member’s new address; sending reminders to address for those Settlement Class MembersMembers whose address has changed; setting up a toll-free telephone number to receive calls from Settlement Class Members; receiving setting up a settlement website containing important information about the case and reviewing for validity completed Requests for Exclusion; important settlement related documents and deadlines, providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for Exclusionelections not to participate in the Settlement; calculating Settlement SharesShares and other payments; issuing the checks or utilizing other commercially acceptable means of payment to effectuate the payments due under the Settlement; issuing the calculating and withholding all required state and federal taxes; preparing and filing all required tax reports required under this Settlementreturns; 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 Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations terms set forth in this Agreement, and after obtaining input from counsel for all parties. The Settlement Administration ExpensesAdministrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that Employer Identification Number in calculating payroll withholdings for taxes and shall transmit the required employers’ and employees’ share of the withholdings , as set forth herein, subject 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-1Court approval.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Court to appoint Phoenix Settlement ServicesAdministrators, Inc. 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 's duties will include preparing, printing, and mailing the Class and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update addresses prior to mailing; performing a reasonable address search for any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s 's new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; calculating Defendant's employer share of any payroll taxes, calculating Settlement Shares; calculating PAGA Shares; issuing the checks and accompanying notices 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 Subject to consultation with Class Counsel and Defendant's Counsel, the Settlement Administrator will have the final authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s 's Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. In the event that any questions or disputes arise regarding an individual's membership in the Class, Defendant's records will be presumed to be accurate and correct, and will be presumptively determinative to resolve the dispute. The Settlement Administration Expenses, including the cost of printing and mailing the Class and Collective Notice Packet, Expenses will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that Employer Identification Number in calculating payroll withholdings for taxes and shall transmit the required employers’ employer's 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-1468B-1 and section 468B of the Internal Revenue Code of 1986, as amended (the “Code”). The Settlement Administrator shall be treated as an “administrator” as defined at Treasury Regulation section 1.468B-2(k) for purposes of federal and state income tax reporting with respect to the distributions from the Net Settlement Amount. Accordingly, Forms 1099 will be distributed by the Settlement Administrator at times and in the manner required by the Code and consistent with this Agreement. If the Code, the regulations promulgated thereunder, or other applicable tax law, is changed after the date of this Agreement, the processes set forth in this section may be modified in a manner to comply with any such changes.
Appears in 1 contract
Samples: Class and Representative Action Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the Parties have mutually agreed to Class Counsel will ask the Court to appoint Phoenix Class Action Settlement ServicesAdministrators, Inc. as the a 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 's duties will include preparing, translating, printing, and mailing the Class and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update on all Class Member addresses Members, as needed, whose names and contact information are submitted before the initial Class Notice mailing; conducting skip tracing on any Class Notice returned by the U.S. Postal Service as non- deliverable, as needed, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s 's new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for Exclusion; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets Notices and receipt of completed objections to and Requests for ExclusionNot to Participate in the Settlement; calculating Settlement Shares; estimating amounts of Settlement Shares for inclusion in the Class Notice; addressing any disputes by the Participating Class Members relating to their estimated Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement; submitting the PAGA Payment to the LWDA; and otherwise administering the Settlement pursuant to this Agreement. The After consultation with Class Counsel and Xxxxx Rentals' Counsel, the Settlement Administrator will have the final authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s 's Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration ExpensesAdministrator's reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice PacketNotice, will be paid out of the Gross Settlement AmountAmount in an amount currently estimated to be approximately $20,000. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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 set up a Qualified Settlement Fund (“QSF”) under US Treasury Regulation section 468B-1and have its own employer taxpayer ID number.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the Parties have mutually agreed to Plaintiffs will ask the Court to appoint Settlement Services, Inc. as the qualified administrator, to serve as the a Settlement Administrator, mutually acceptable to the Parties, 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 and Collective Notice Packet to all the Class Members; conducting a National Change of Address search and using Accurint or other reasonable and cost-effective skip trace methods to update locate any individual whose Class Member addresses before Notice Packet was returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets Packet to that are returned to the Class Memberindividual’s new address; sending reminders receiving Class Member Elections Not to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionParticipate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionClass Member Elections Not to Participate in Settlement; calculating all Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing calculating the tax Class Members’ share of payroll taxes, AxisPoint’s share of payroll taxes on the Wage Portion, remitting such payroll taxes to the proper authorities and providing AxisPoint with the appropriate reports required under this Settlement; and documentation or same, 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 Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations methodology set forth in this Agreement. The Settlement Administration ExpensesAdministrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Total Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for Amount as approved by the Settlement and shall use that 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-1Court.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. 21. After obtaining a not-to-exceed quote from mutually acceptable and qualified settlement administrators, the Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. KCC Class Action Services 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update on any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, and re- mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections 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 recommend resolution of any disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement, and if the Parties do not agree with that recommendation, the dispute will be submitted to the Court for final and binding resolution. The Settlement Administration ExpensesAdministrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Total Settlement Amount. The Settlement Administrator shall obtain may use an Employer Identification Number information-only website to provide notice and information about the Settlement to the Class Members. The domain name used for the Settlement and shall use that Employer Identification Number in calculating payroll withholdings Administrator’s website for taxes and shall transmit the required employersSettlement will be subject to Defendants’ and employees’ share of reasonable approval. Not later than the withholdings date the Settlement Administrator must remit any unclaimed funds to the appropriate state and federal tax authorities. The Orange County Community Foundation, the Settlement Administrator shall establish a settlement fund that meets Administrator’s website for the requirements of a Qualified Settlement Fund (“QSF”) under US Treasury Regulation section 468B-1will be taken down.
Appears in 1 contract
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 Settlement Services, Inc. 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 Administrator shall be responsible for preparing, translating into Spanish, printing, and mailing the Class and Collective Notice Packet to all the Class Members; conducting creating a National Change of Address search to update Class Member addresses before mailing static settlement website that will go live on the Class and Collective same date the Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet is first mailed to the Class Member’s new addressMembers and that will include, among other things, the Complaint, standalone generic copies of the Class Notice and Exclusion Form, all papers filed in connection with the Preliminary Approval Hearing (including all orders filed by the Court), all papers filed in connection with the Final Approval Hearing (including the fee motion and the final approval motion), and, if the Settlement is approved, the Final Approval Order and Judgment; sending reminders keeping track of any objections or requests for exclusion from Class Members; performing skip traces and remailing Class Notices and Individual Settlement Shares to Class Members; setting up calculating any and all payroll tax deductions as required by law; calculating each Class Member’s Individual Settlement Share; calculating Eligible Aggrieved Employees’ Individual PAGA Payment; providing weekly status reports to Defendant’s Counsel and Class Counsel, which is to include updates on any objections or requests for exclusion that have been received; providing a toll-free telephone number due diligence declaration for submission to receive calls from the Court prior to the Final Approval Hearing; mailing Individual Settlement Shares to Participating Class Members; receiving mailing Individual PAGA Payments to Eligible Aggrieved Employees; mailing the portion of the PAGA Payment due to the LWDA to the LWDA; distributing the Attorney Fee Award and reviewing for validity completed Requests for ExclusionCost Award to Class Counsel; printing and providing Class Members, Eligible Aggrieved Employees and Plaintiff with W-2s and 1099 forms as required under this Settlement Agreement and applicable law; providing a due diligence declaration for submission to the Parties with weekly status reports about Superior Court upon the delivery completion of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing providing any funds remaining in the QSF as a result of uncashed checks to the State Controller’s Unclaimed Property Fund in the name of the Class Member; providing for the administration of related tax reports required under this Settlementreimbursements; and otherwise administering for such other tasks as the Settlement pursuant to this AgreementParties mutually agree. The Parties each represent that they do not have any financial interest in Phoenix Class Action Settlement Administrator will Administrators or otherwise have the authority to resolve all disputes concerning the calculation a relationship with Phoenix Class Action Settlement Administrators that could create a conflict of a Participating Class Member’s or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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-1interest.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsSolely for the purposes of this Settlement, the Parties have mutually agreed to ask the Court to appoint Settlement Servicesstipulate and agree that CPT Group, Inc. as the qualified administrator, shall be retained 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 Administrator shall be responsible for: (a) preparing, printing, and mailing the Class and Collective Notice Packet to all the Class Members; conducting (b) creating a National Change of Address search to update Class Member addresses before mailing static settlement website that will go live on the Class and Collective same date the Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet is first mailed to the Class Member’s new addressMembers and that will include, among other things, the Complaint, standalone generic copies of the Notice and Exclusion Form, all papers filed in connection with the preliminary approval motion (including all orders filed by the Court), all papers filed in connection with the Final Approval Hearing (including the fee motion and the final approval motion), and, if the Settlement is approved, the Final Judgment; sending reminders (c) keeping track of any objections or requests for exclusion from Class Members; (d) performing skip traces and remailing Notice Packets, Individual Settlement Shares, and portions of the PAGA Payment to Class Members; setting up a toll-free telephone number to receive calls from Class Members(e) calculating any and all payroll tax deductions as required by law; receiving (f) calculating and reviewing for validity completed Requests for Exclusion; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; 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 mailing each Participating Class Member’s Individual Settlement Share and each Eligible Aggrieved Employee’s portion of the PAGA Payment; (g) providing weekly status reports to Counsel for Defendant and Class Counsel, which are to include updates on any objections or Opt-In Plaintiffrequests for exclusion that have been received; (h) mailing the LWDA’s Settlement Share, subject portion of the PAGA Payment to the dollar limitations LWDA; (i) distributing the Attorney Fee Award and calculations set forth in this Agreement. The Settlement Administration Expenses, including the cost of Cost Award to Class Counsel; (j) printing and mailing providing Class Members and Plaintiffs with W- 2 and 1099 Forms as required under this Agreement and applicable law; (k) providing a due diligence declaration for submission to the Class and Collective Notice Packet, will be paid out Court upon completion of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that Employer Identification Number in calculating payroll withholdings for taxes and shall transmit the required employers’ and employees’ share of the withholdings prior to the appropriate state and federal tax authorities. The Settlement Administrator shall establish a settlement fund that meets Final Approval Hearing; (l) turning over any funds remaining in the requirements of a Qualified Settlement Fund at the close of the 180-day period as a result of uncashed checks to the cy pres recipient Community Legal Information Center in Chico, California; and (“QSF”m) under US Treasury Regulation section 468B-1deleting the settlement website on the 181st day after the first settlement check is mailed, and (n) performing other tasks as the Parties mutually agree. The Parties each represent that they do not have any financial interest in CPT Group or otherwise have a relationship with CPT Group that could create a conflict of interest.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a not-to-exceed quote from mutually acceptable and qualified settlement administrators, the Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. KCC Class Action Services 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 and Collective Notice Packet to all Class Members; preparing a Spanish translation of all documents to be included in the mailing of the Class Notice Packets, conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 Phoenix Settlement Services, Inc. Administrators 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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.
Appears in 1 contract
Samples: Class Action Settlement Agreement and Release of Claims
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administratorsSolely for the purposes of this Settlement, the Parties stipulate that a Settlement Administrator will be appointed based on mutual agreement of the parties. The Parties have mutually agreed to ask the Court to appoint Settlement Services, Inc. as the qualified administrator, to serve selected Phoenix Class Action Administration Solutions 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 Administrator shall be responsible for preparing, printing, and mailing the Class and Collective Notice Packet to all Notice; keeping track of any objections or requests for exclusion from Class Members; conducting a National Change of Address search to update Class Member addresses before mailing the Class performing skip traces and Collective Notice Packets; re-mailing Class remailing Notices and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders Individual Settlement Shares to Class Members; setting up calculating any and all payroll and income tax amounts to be withheld as required by law and this Joint Stipulation and Settlement Agreement; calculating each Class Member’s Individual Settlement Share; calculating each PAGA Employee’s Individual PAGA Share; providing weekly status reports to Defendant’s Counsel and Class Counsel, which is to include updates on and copies of any objections or requests for exclusion that have been received; contacting objecting Class Members, when applicable, to resolve any uncertainties contained in their Notice of Objection, providing a toll-free telephone number due diligence declaration for submission to receive calls from the Court prior to the Final Approval hearing which shall include authenticating a copy of every Notice of Objection and Request for Exclusion received by the Settlement Administrator; mailing Individual Settlement Shares to Participating Class Members; receiving mailing the PAGA Fund Shares to individual PAGA Employees ; calculating and reviewing for validity completed Requests for Exclusionmailing seventy-five percent (75%) of the PAGA Payment to the LWDA as ordered by the Court; distributing the Attorneys’ 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 Joint Stipulation and Settlement Agreement and applicable law; providing a due diligence declaration for submission to the Parties with weekly status reports about Court upon the delivery completion of Class and Collective Notice Packets and receipt of completed Requests for Exclusion; calculating Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing providing any funds remaining in the Qualified Settlement Fund as a result of uncashed checks as ordered by the Court, including the administration of related tax reports required under this Settlementitems; and otherwise administering for such other tasks as the Settlement pursuant to this AgreementParties mutually agree. The Settlement Administrator will have the authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations carry out any additional duties as set forth in this Agreement. The Joint Stipulation and Settlement Administration Expenses, including Agreement or as ordered by the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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-1Court.
Appears in 1 contract
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Court to appoint Settlement ServicesIlym Group, Inc. 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. In the event the Court does not approve the appointment of Ilym Group, Inc. the parties will meet and confer to select an alternate Settlement Administrator. The Settlement Administrator’s duties will include preparing, printing, and mailing the Class and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update on any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; calculating Settlement Shares; maintaining the Settlement Fund account in an interest-bearing account; issuing the checks to effectuate the payments due under the Settlement; sending one reminder notice to members of the Class reminding them to cash their settlement checks, providing periodic updates on the status of uncashed checks, 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 or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. The Settlement Administration ExpensesAdministrator’s reasonable fees and expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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.
Appears in 1 contract
Samples: Class and Representative Action Settlement Agreement
Appointment of Settlement Administrator. After obtaining a quote from mutually acceptable and qualified settlement administrators, the The Parties have mutually agreed to will ask the Court to appoint Phoenix Settlement ServicesAdministrators, Inc. 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 and Collective Notice Packet to all Class Members; conducting a National Change of Address search to update addresses prior to mailing; performing a reasonable address search for any Class Member addresses before Notice Packet returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class and Collective Notice Packets; re-mailing Class and Collective Notice Packets that are returned Packet to the Class Member’s new address; sending reminders to Class Members; setting up a toll-free telephone number to receive calls from Class Members; receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; calculating Defendants’ employer share of any payroll taxes, calculating Settlement Shares; issuing the checks and accompanying notices 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 Subject to consultation with Class Counsel and Defendants’ Counsel, the Settlement Administrator will have the final authority to resolve all disputes concerning the calculation of a Participating Class Member’s or Opt-In Plaintiff’s Settlement Share, subject to the dollar limitations and calculations set forth in this Agreement. In the event that any questions or disputes arise regarding an individual’s membership in the Class, Defendant TPN’s records will be presumed to be accurate and correct, and will be presumptively determinative to resolve the dispute. The Settlement Administration Expenses, including the cost of printing and mailing the Class and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an have its own Employer Identification Number for the Settlement under Internal Revenue Service Form W-9 and shall use that 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-1468B-1 and section 468B of the Internal Revenue Code of 1986, as amended (the “Code”). The Settlement Administrator shall be treated as an "administrator" as defined at Treasury Regulation section 1.468B-2(k) for purposes of federal and state income tax reporting with respect to the distributions from the Net Settlement Amount. Accordingly, Forms 1099 will be distributed by the Settlement Administrator at times and in the manner required by the Code and consistent with this Agreement. If the Code, the regulations promulgated thereunder, or other applicable tax law, is changed after the date of this Agreement, the processes set forth in this section may be modified in a manner to comply with any such changes.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 Settlement ServicesCPT Group, Inc. 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 include: (1) preparing, printing, and mailing the Class and Collective Notice Packet to all Class Members; (2) maintaining a static website to keep Class Members updated on this Action; (3) conducting a National Change of Address Database (“NCOA”) search to update Class Member addresses before mailing the Class and Collective Notice Packets; re-mailing (4) remailing Class and Collective Notice Packets that are returned to the Class Member’s new address; sending reminders to Class Members; (5) setting up a toll-free telephone number to receive calls from Class Members; (6) receiving and reviewing for validity completed Requests for ExclusionElections Not to Participate in Settlement; (7) providing the Parties with weekly status reports about the delivery of Class and Collective Notice Packets and receipt of completed Requests for ExclusionElections Not to Participate in Settlement; (8) calculating Settlement Shares; (9) issuing the checks to effectuate the payments due under the Settlement; (10) issuing the tax reports required under this Settlement; and (11) 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 or Opt-In Plaintiff’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 and Collective Notice Packet, will be paid out of the Gross Settlement Amount. The Settlement Administrator shall obtain an Employer Identification Number for the Settlement and shall use that 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.. / / / / / /
Appears in 1 contract
Samples: Class Action and Paga Settlement Agreement and Release of Claims