Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectively.
A. The Court finds that the proposed forms and the website referenced in the Settlement Notice fairly and adequately:
i. Describe the terms and effect of the Settlement Agreement and of the Settlement;
ii. Notify the Settlement Class concerning the proposed Plan of Allocation;
iii. Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs;
iv. Notify the Settlement Class that Administrative Expenses related to the implementation of the Settlement will be paid from the Settlement Fund;
v. Give notice to the Settlement Class of the time and place of the Fairness Hearing; and
vi. Describe how the recipients of the Class Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objections.
B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, cause the Settlement Notices, with such non- substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail to all Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each member of the Settlement Class for whom there is no current email address that can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available), and social security numbers or other unique identifiers of members of the Settlement Class. The names, addresses, email addresses (to the extent available), and social security numbers or other unique identifiers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purpose.
C. For any S...
Class Notice. 28. The parties agree to the following provisions for Class Notice, subject to Court approval. Within twenty-one (21) days of execution of the Settlement Agreement, DMC shall provide Plaintiffs with a current list of the names and addresses of members of the Class (in electronic form, if available) who worked at DMC during the Class Period, either linked to previous name and address information provided during discovery or linked to the unique SSN-E number used during the litigation to identify DMC employees (“Updated Address List”). DMC shall also provide as soon as possible, and no later than thirty (30) days after Preliminary Approval of the Settlement Agreement, Social Security Numbers for members of the Class employed by DMC, which shall be subject to all confidentiality provisions of the Court’s Protective Order.
29. Within twenty (20) days of receipt of the Updated Address List and after entry of an Order of Preliminary Approval by the Court, the Claims Administrator shall mail a Court-approved form of Class Notice by first class mail postage prepaid to each member of the Class on the Class List (defined below) as updated through the National Change of Address database. If a Class Notice is returned as undeliverable, and the USPS provides a forwarding address, the Claims Administrator shall resend the Class Notice to the potential Class Member using the corrected address provided by the USPS. If a Class Notice is returned by the USPS without a forwarding address, the Claims Administrator shall utilize normal skip tracing techniques, including but not necessarily limited to searching the database of one or more of the nationally recognized credit reporting agencies (such as Equifax, TransUnion, or Experian) to locate the potential Class member’s current address. If successful, a Class Notice shall be resent to the potential Class Member at the current address.
30. The Class Notice shall incorporate a final fairness hearing date as established by the Court which is not less than 60 days from the date the Claims Administrator anticipates completion of the initial mailing of the Class Notice (without regard to returned envelopes). Because notice of certification of the Class was provided, in accordance with Federal Rule of Civil Procedure 23(c)(2), and the deadline for opt-outs expired June 1, 2015, the parties will seek Court approval for a Class Notice that shall not include any option to opt-out of this Settlement for any member of the Class.
31. No ...
Class Notice. The Class Notice shall provide for a right of exclusion, as set forth in Section II(G)(3). The Class Notice shall also provide for a right to object to the proposed Settlement. Individual notice of the Settlement to all Class Members who can be identified through reasonable effort shall be mailed or emailed to the Class in conformance with a notice plan to be approved by the Court. Class Counsel will undertake all reasonable efforts to notify potential Class Members of the settlement. The timing of a motion to approve notice to the Class of this Settlement Agreement shall be in the discretion of Class Counsel, and may be combined with notice of other settlements in this Action.
Class Notice. All materials and information provided to Settlement Class Counsel by Settling Defendants with respect to Class Members shall be treated as “Highly Confidential” under the terms of the Protective Order approved by the Court, and any Person involved in Class Notice shall agree in writing to comply with the terms of the Protective Order before receiving Class Member or Class Notice information, and shall agree in writing to be subject to the jurisdiction of the Court for any violation of any such Order.
Class Notice. The Notice of Class Action Settlement, substantially similar to the form attached hereto as Exhibit A, subject to Court approval.
Class Notice. “Class Notice” shall mean the Court-approved form of notice in substantially the same form as Exhibit B.
Class Notice. “Class Notice” means the Court-approved form of notice to the Class mutually prepared and agreed upon by the Parties, informing the Class of, among other things, (i) the preliminary approval of the Settlement; (ii) the scheduling of the Final Approval Hearing; (iii) their opportunity to participate in, object to, or exclude themselves from, the Settlement; and (iv) their opportunity to submit a Claim.
Class Notice. The Class Notice will provide that the Class Members who wish to object to the Settlement may do so in writing, signed, dated, and mailed to the Settlement Administrator postmarked no later than the Response Deadline.
Class Notice. The Parties will request that the Preliminary Approval Order direct that, by the Class Notice Date, the Settlement Administrator shall provide notice of the provisional class certification and proposed settlement to all Settlement Class Members as set forth in below.
Class Notice. Within ten (10) days after entry of the Preliminary Approval Order, RMCHCS will provide a class list to the Claims Administrator with the last-known names, addresses, and emails (if any) of the Settlement Class Members. Within 30 days after entry of the Preliminary Approval Order (the “Notice Deadline”), the Claims Administrator will send the Short Notice (entitled “Notice of Proposed Class Action Settlement”) (attached as Exhibit B) to Settlement Class Members by U.S. mail or email, if available, which notice will advise that Settlement Class Members have 90 days from the date the Short Form Notice is sent to submit a claim for compensation. The Claims Administrator will send Settlement Class Members to whom RMCHCS previously mailed notice of the Data Breach the above notice via U.S. mail or, if a valid email address is available, by email. Before mailing the notice, the Claims Administrator will update the Settlement Class Members address through a reliable service of the Claims Administrator’s choosing that is consistent with its customary business practices. If a notice is returned to the Claims Administrator as undelivered and a forwarding address is provided, the Claims Administrator will re-mail one additional time to the new address. If a notice that has been emailed is returned as undeliverable, the Claims Administrator shall attempt one additional email execution, and, if not successful, the Claims Administrator shall send the notice by U.S. mail.
