Appointment of Settlement Administrator. The Parties request that the Court appoint ILYM Group, Inc. as Settlement Administrator. The Settlement Administrator will be responsible for the administration of the settlement terms set forth herein, and all related matters. Among other responsibilities, the Settlement Administrator will: (i) provide required notices under the Class Action Fairness Act as applicable, (ii) publish notice of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessary; (iii) track returned notices; (iv) notify the Parties of timely and untimely Objections and requests for exclusion received; (v) notify the Parties of any disputes by Class Members of the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from same; (vi) calculate the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% of the PAGA Payment to the LWDA for settlement of the PAGA claim. The Settlement Administrator will also issue a 1099 form to Class Counsel for sums they received under this Agreement. Among its other duties as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlement. The Parties agree to provide any reasonable information requested by the Settlement Administrator needed to effectively administer the settlement.
Appears in 1 contract
Samples: Class Action and Private Attorneys General Act Settlement and Release Agreement
Appointment of Settlement Administrator. The Parties request that the Court appoint ILYM Group, Inc. as Settlement Administrator. The Settlement Administrator will shall be responsible for preparing, printing, translating into Spanish, and mailing the Class Notice to theClass Members; 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; 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 andClass Counsel, which is to include updates on any objections or requests for exclusion that have been received; providing a due diligence declaration for submission to the Court prior to the Final Approval hearing; mailing Individual Settlement Shares to Participating Class Members; distributing the Attorney 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 Superior Court upon the completion of the Settlement; providing any funds remaining in the QSF as a result of uncashed checks to Legal Aid at Work, including the administration of the settlement terms set forth herein, related tax reimbursements; and all related matters. Among for such other responsibilities, the Settlement Administrator will: (i) provide required notices under the Class Action Fairness Act tasks as applicable, (ii) publish notice of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessary; (iii) track returned notices; (iv) notify the Parties of timely and untimely Objections and requests for exclusion received; (v) notify the Parties of any disputes by Class Members of the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from same; (vi) calculate the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% of the PAGA Payment to the LWDA for settlement of the PAGA claim. The Settlement Administrator will also issue a 1099 form to Class Counsel for sums they received under this Agreement. Among its other duties as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlementmutually agree. The Parties agree to provide each represent that they do not have any reasonable information requested by the Settlement Administrator needed to effectively administer the settlementfinancial interest in Phoenix Class Action Administration Solutions or otherwise have a relationship with Phoenix Class Action Administration Solutions that could create a conflict of interest.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. The Solely for the purposes of this Settlement, the Parties request stipulate and agree that the Court appoint ILYM Group, Inc. Phoenix shall be retained to serve as Settlement Administrator. The Settlement Administrator will shall be responsible for:
(a) preparing, printing, and mailing the Notice Packet to the Class Members; (b) keeping track of any objections or requests for the administration exclusion from Class Members; (c) performing skip traces and remailing Notice Packets and Individual Settlement Shares to Class Members; (d) calculating any and all payroll tax deductions as required by law; (e) calculating each Participating Class Member’s Individual Settlement Share and each Eligible Aggrieved Employee’s portion of the settlement terms set forth hereinPAGA Payment; (f) providing weekly status reports to Counsel for Defendants and Class Counsel, which is to include updates on any objections or requests for exclusion that have been received; (g) providing a due diligence declaration for submission to the Court prior to the Final Approval hearing; (h) mailing Individual Settlement Shares and all related matters. Among other responsibilities, portion of the Settlement Administrator will: PAGA Payment to Participating Class Members and Eligible Aggrieved Employees respectively; (i) provide required notices under mailing the Class Action Fairness Act as applicable, (ii) publish notice of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessary; (iii) track returned notices; (iv) notify the Parties of timely and untimely Objections and requests for exclusion received; (v) notify the Parties of any disputes by Class Members of the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from same; (vi) calculate the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% LWDA portion of the PAGA Payment to the LWDA LWDA; (j) distributing the Attorney Fee Award and the Cost Award to Class Counsel; (k) printing and providing Class Members and Plaintiff with W-2s and 1099 forms as required under this Agreement and applicable law; (l) providing a due diligence declaration for settlement submission to the Superior Court upon the completion of the PAGA claimSettlement; (m) providing any funds remaining in the QSF as a result of uncashed checks to the Unclaimed Property Fund of the State’s Controller’s Office in the name of the Class Member of the Eligible Aggrieved Employee and (n) performing other tasks as the Parties mutually agree. The Settlement Administrator will also issue a 1099 form to Class Counsel for sums Parties each represent that they received under this Agreement. Among its other duties as described do not have any financial interest in this Agreement, the Settlement Administrator shall provide counsel for the Parties or otherwise have a relationship with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlement. The Parties agree to provide any reasonable information requested by the Settlement Administrator needed to effectively administer the settlementthat could create a conflict of interest.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. The Solely for the purposes of this Settlement, the Parties request stipulate and agree that the Court appoint ILYM Group, Inc. Phoenix Class Action Administration Solutions shall be retained to serve as Settlement Administrator. The Settlement Administrator will shall be responsible for the administration of the settlement terms set forth hereinfor: (a) preparing, printing, and all related matters. Among other responsibilities, mailing the Settlement Administrator will: (i) provide required notices under Notice Packet to the Class Action Fairness Act as applicable, (ii) publish notice of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessaryMembers; (iiib) keeping track returned notices; (iv) notify the Parties of timely and untimely Objections and any objections or requests for exclusion from Class Members; (c) performing skip traces and remailing Notice Packets, Individual Settlement Shares, and portions of the PAGA Payment to Class Members; (d) calculating any and all payroll tax deductions as required by law; (e) calculating each Participating Class Member’s Individual Settlement Share and each Eligible Aggrieved Employee’s portion of the PAGA Payment; (f) providing weekly status reports to Counsel for Defendant and Class Counsel, which are to include updates on any objections or requests for exclusion that have been received; (vg) notify the Parties of any disputes by Class Members mailing Individual Settlement Shares and portions of the number of Individual Work Weeks and/or persons claiming PAGA Payment to be Participating Class Members and resolve any disputes resulting from sameEligible Aggrieved Employees, respectively; (vih) calculate mailing the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% LWDA’s portion of the PAGA Payment to the LWDA LWDA; (i) distributing the Attorney Fee Award and the Cost Award to Class Counsel; (j) printing and 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 settlement submission to the Court upon completion of the PAGA claim. The Settlement Administrator will also issue and prior to the Final Approval Hearing; (l) turning over any funds remaining in the Qualified Settlement Fund at the close of the 180-day period as a 1099 form result of uncashed checks to Class Counsel for sums they received under this Agreement. Among its the California State Controller: Unpaid Wage Fund; and (m) performing other duties tasks as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlementmutually agree. The Parties agree to provide each represent that they do not have any reasonable information requested by the Settlement Administrator needed to effectively administer the settlementfinancial interest in Phoenix or otherwise have a relationship with Phoenix that could create a conflict of interest.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. The Parties request that the Court appoint ILYM Group, Inc. as Settlement Administrator. The Settlement Administrator will shall be responsible for preparing, printing, and mailing the Class Notice to the Class Members; 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; 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 Individual Settlement Shares to Participating Class Members; distributing the Attorney Fee Award and Cost Award to Class Counsel; printing and providing Class Members and Plaintiff with W-2s and 1099 forms as required under this Agreement and applicable law; providing a due diligence declaration for submission to the Superior Court upon the completion of the Settlement; providing any funds remaining in the QSF as a result of uncashed checks to the cy pres recipient, including the administration of the settlement terms set forth herein, related tax reimbursements; and all related matters. Among for such other responsibilities, the Settlement Administrator will: (i) provide required notices under the Class Action Fairness Act tasks as applicable, (ii) publish notice of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessary; (iii) track returned notices; (iv) notify the Parties of timely and untimely Objections and requests for exclusion received; (v) notify the Parties of any disputes by Class Members of the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from same; (vi) calculate the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% of the PAGA Payment to the LWDA for settlement of the PAGA claim. The Settlement Administrator will also issue a 1099 form to Class Counsel for sums they received under this Agreement. Among its other duties as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlementmutually agree. The Parties agree to provide each represent that they do not have any reasonable information requested by the Settlement Administrator needed to effectively administer the settlementfinancial interest in Phoenix. or otherwise have a relationship with Phoenix that could create a conflict of interest.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. The Parties request that the Court appoint ILYM Group, Inc. as Settlement Administrator. The Settlement Administrator will shall be responsible for the administration of the settlement terms set forth hereinfor: (1) preparing, printing, and all related matters. Among other responsibilities, mailing the Settlement Administrator will: (i) provide required notices under Notice Packet to the Class Action Fairness Act as applicable, Members; (ii2) publish notice keeping track of the settlement any objections or requests for exclusion from Class Members; (3) performing skip traces and remailing Notice Packets and payments to Class Members through under the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessarySettlement; (iii4) track returned noticescalculating any and all payroll tax deductions as required by law; (iv5) notify calculating each Participating Class Member’s Individual Settlement Share; (6) calculating each Class Member’s portion of the Parties of timely and untimely Objections and PAGA Payment; (7) providing weekly status reports to the Parties’ counsel, which is to include updates on any objections or requests for exclusion that have been received; (v) notify 8) providing a due diligence declaration for submission to the Parties of any disputes by Class Members of Court prior to the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from sameFinal Approval hearing; (vi9) calculate the amounts due mailing Individual Settlement Shares to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii10) make all other required settlement payments and tax remissions pursuant to mailing portions of the terms of this Agreement and as directed by the Court, including but not limited to issuing PAGA Payment to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under lawMembers; and (ix11) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from mailing the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% portion of the PAGA Payment to the LWDA LWDA; (12) distributing the Attorney Fee Award and Cost Award to Class Counsel; (13) distributing the Administration Costs to Settlement Administrator; (14) distributing the Class Representative Enhancement Payments to the Class Representatives; (15) printing and providing Participating Class Members, Class Members, and Plaintiffs with W- 2s and 1099 forms as required under this Agreement and applicable law; (16) providing a due diligence declaration for settlement submission to the Court upon the completion of the PAGA claim. The Settlement Administrator will also issue Settlement; (17) providing any funds remaining in the QSF as a 1099 form result of uncashed checks to Class Counsel for sums they received under this Agreement. Among its the California State Controller’s Unclaimed Property Division in accordance with California Unclaimed Property Law, including the administration of related tax reimbursements; and (18) performing other duties tasks as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlementmutually agree. The Parties agree to provide each represent that they do not have any reasonable information requested by the Settlement Administrator needed to effectively administer the settlementfinancial interest in Phoenix or otherwise have a relationship with Xxxxxxx that could create a conflict of interest.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. The Solely for the purposes of this Settlement, the Parties request stipulate and agree that the Court appoint ILYM Group, Inc. Phoenix Settlement Administrators shall be retained to serve as Settlement Administrator. The Settlement Administrator will shall be responsible for preparing, printing, and mailing the administration Notice to the Putative Class Members; maintaining a website that has links to the notice and most important documents in the case, such as the operative complaint, the preliminary approval motion, the Court’s order granting preliminary approval, and a copy of the settlement terms set forth herein, and all related matters. Among other responsibilities, the Settlement Administrator will: (i) provide required notices under the Class Action Fairness Act as applicable, (ii) publish notice Notice; keeping track of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessary; (iii) track returned notices; (iv) notify the Parties of timely and untimely Objections and any objections or requests for exclusion receivedfrom Class Members; (v) notify the Parties of performing skip traces and remailing Notices and Individual Settlement Shares to Class Members; calculating any disputes and all payroll tax deductions as required by Class Members of the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from samelaw; (vi) calculate the amounts due to calculating each Class Member’s Individual Settlement Share; (vii) provide settlement paymentsproviding weekly status reports to Defendants’ Counsel and Class Counsel, W-2 Forms, and 1099 Forms which is to “include updates on any objections or requests for exclusion that have been received; providing a due diligence declaration for submission to the Court prior to the Final Approval hearing; mailing Individual Settlement Shares to Participating Class Members” (those who do not opt-out) ; calculating and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% of mailing the PAGA Payment to the LWDA LWDA; distributing the Attorney Fee Award and Cost Award to Class Counsel; printing and providing Class Members and Plaintiff with W-2s and 1099 forms as required under this Agreement and applicable law; providing a due diligence declaration for settlement submission to the Superior Court upon the completion of the PAGA claim. The Settlement Administrator will also issue Settlement; providing any funds remaining in the QSF as a 1099 form result of uncashed checks to Class Counsel the State Treasury for sums they received under deposit in the Trial Court Improvement and Modernization Fund and the Equal Access Fund of the Judicial Branch, in the amounts directed per this Agreement. Among its Settlement, including the administration of related tax reimbursements; and for such other duties tasks as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlementmutually agree. The Parties agree to provide any reasonable information requested by the Settlement Administrator needed to effectively administer the settlement.each represent that they do not have any
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. The Solely for the purposes of this Settlement, the Parties request stipulate and agree that the Court appoint ILYM Group, Inc. Phoenix Class Action Administration Solutions shall be retained to serve as Settlement Administrator. The Settlement Administrator will shall be responsible for the administration of the settlement terms set forth hereinpreparing, printing, and all related matters. Among other responsibilities, the Settlement Administrator will: (i) provide required notices under mailing the Class Action Fairness Act as applicable, (ii) publish notice of the settlement Notice to Class Members through the distribution of written notice Members; performing skip traces and remailing notices to Class Members; calling Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessarywith undeliverable notices to obtain accurate addresses; (iii) keeping track returned notices; (iv) notify the Parties of timely and untimely Objections and 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; maintaining a website which will include settlement documents; 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; (v) notify providing a due diligence declaration for submission to the Parties of any disputes by Court prior to the Final Approval hearing; mailing and remailing Individual Settlement Shares to Participating Class; distributing the Attorneys Fee Award and Cost Award to Class Members of the number of Individual Work Weeks and/or persons claiming to be Counsel; printing and providing Participating Class Members and resolve any disputes resulting from same; (vi) calculate the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, Plaintiff with W-2s and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other forms as required settlement payments and tax remissions pursuant to the terms of under this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under applicable law; providing a due diligence declaration for submission to the Court upon the completion of the Settlement; providing any funds remaining in the QSF as a result of uncashed checks to Legal Aid at Work in the amounts directed per this Settlement; and (ix) perform for such other duties tasks as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% of the PAGA Payment to the LWDA for settlement of the PAGA claim. The Settlement Administrator will also issue a 1099 form to Class Counsel for sums they received under this Agreement. Among its other duties as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlementmutually agree. The Parties agree to provide each represent that they do not have any reasonable information requested by the Settlement Administrator needed to effectively administer the settlementfinancial interest in Phoenix Class Action Administration Solutions or otherwise have a relationship with Phoenix Class Action Administration Solutions that could create a conflict of interest.
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. The Solely for the purposes of this Settlement, the Parties request stipulate and agree that the Court appoint ILYM Group, Inc. Phoenix shall be retained to serve as Settlement Administrator. The Settlement Administrator will shall be responsible for:
(a) preparing, printing, and mailing the Notice Packet to the Class Members; (b) keeping track of any objections or requests for the administration exclusion from Class Members; (c) performing skip traces and remailing Notice Packets and Individual Settlement Shares to Class Members; (d) calculating any and all payroll tax deductions as required by law; (e) calculating each Participating Class Member’s Individual Settlement Share and each Eligible Aggrieved Employee’s portion of the settlement terms set forth hereinPAGA Payment; (f) providing weekly status reports to Counsel for Defendant and Class Counsel, which is to include updates on any objections or requests for exclusion that have been received; (g) providing a due diligence declaration for submission to the Court prior to the Final Approval hearing; (h) mailing Individual Settlement Shares and all related matters. Among other responsibilities, portion of the Settlement Administrator will: PAGA Payment to Participating Class Members and Eligible Aggrieved Employees respectively; (i) provide required notices under mailing the Class Action Fairness Act as applicable, (ii) publish notice of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessary; (iii) track returned notices; (iv) notify the Parties of timely and untimely Objections and requests for exclusion received; (v) notify the Parties of any disputes by Class Members of the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from same; (vi) calculate the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% portion of the PAGA Payment to the LWDA LWDA; (j) distributing the Attorney Fee Award and the Cost Award to Class Counsel; (k) printing and providing Class Members and Plaintiffs with W- 2s and 1099 forms as required under this Agreement and applicable law; (l) providing a due diligence declaration for settlement submission to the Superior Court upon the completion of the PAGA claim. The Settlement; (m) providing any funds remaining in the Qualified Settlement Administrator will also issue Fund as a 1099 form result of uncashed checks to Class Counsel for sums they received under this Agreement. Among its the California State Controller: Unpaid Wage Fund; (n) performing other duties tasks as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlement. The Parties agree to provide any reasonable information requested by the Settlement Administrator needed to effectively administer the settlement.mutually agree; and
Appears in 1 contract
Samples: Settlement Agreement
Appointment of Settlement Administrator. The Solely for the purposes of this Settlement, the Parties request stipulate and agree that the Court appoint ILYM Group, Inc. Phoenix shall be retained to serve as Settlement Administrator. The Settlement Administrator will shall be responsible for:
(a) preparing, printing, and mailing the Notice Packet to the Class Members; (b) keeping track of any objections or requests for the administration exclusion from Class Members; (c) performing skip traces and remailing Notice Packets and Individual Settlement Shares to Class Members; (d) calculating any and all payroll tax deductions as required by law; (e) calculating each Participating Class Member’s Individual Settlement Share and each Eligible Aggrieved Employee’s portion of the settlement terms set forth hereinPAGA Payment; (f) providing weekly status reports to Counsel for Defendant and Class Counsel, which is to include updates on any objections or requests for exclusion that have been received; (g) providing a due diligence declaration for submission to the Court prior to the Final Approval hearing; (h) mailing Individual Settlement Shares and all related matters. Among other responsibilities, portion of the Settlement Administrator will: PAGA Payment to Participating Class Members and Eligible Aggrieved Employees respectively; (i) provide required notices under mailing the Class Action Fairness Act as applicable, (ii) publish notice of the settlement to Class Members through the distribution of written notice to Class Members based on the list provided by Defendant, and perform address searches and re-mailings as necessary; (iii) track returned notices; (iv) notify the Parties of timely and untimely Objections and requests for exclusion received; (v) notify the Parties of any disputes by Class Members of the number of Individual Work Weeks and/or persons claiming to be Class Members and resolve any disputes resulting from same; (vi) calculate the amounts due to each Class Member; (vii) provide settlement payments, W-2 Forms, and 1099 Forms to “Participating Class Members” (those who do not opt-out) and to the relevant taxing authorities; (viii) make all other required settlement payments and tax remissions pursuant to the terms of this Agreement and as directed by the Court, including but not limited to issuing to Class Members who do not opt-out an IRS Form W-2 and IRS Form 1099 for all amounts paid under this settlement as appropriate, making all deductions and withholdings required under law; and (ix) perform such other duties as are described in this Agreement and/or as are customarily performed by settlement administrators. The Settlement Administrator will calculate and disburse all payments due under this Settlement Agreement. The Individual PAGA Amount paid to PAGA Group Members will be issued separately from the remainder of the Individual Settlement Payment, if any. The Settlement Administrator will also mail a check for 75% portion of the PAGA Payment to the LWDA LWDA; (j) distributing the Attorney Fee Award and the Cost Award to Class Counsel; (k) printing and providing Class Members and Plaintiffs with W- 2s and 1099 forms as required under this Agreement and applicable law; (l) providing a due diligence declaration for settlement submission to the Superior Court upon the completion of the PAGA claim. The Settlement; (m) providing any funds remaining in the Qualified Settlement Administrator will also issue Fund as a 1099 form result of uncashed checks to Class Counsel for sums they received under this Agreement. Among its the California Veterans Assistance Foundation; and (n) performing other duties tasks as described in this Agreement, the Settlement Administrator shall provide counsel for the Parties with a weekly report showing the number of opt- outs and objections received as well as declarations as required by the approval process of this Settlementmutually agree. The Parties agree to provide each represent that they do not have any reasonable information requested by the Settlement Administrator needed to effectively administer the settlementfinancial interest in Phoenix or otherwise have a relationship with Phoenix that could create a conflict of interest.
Appears in 1 contract
Samples: Settlement Agreement