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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address. D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented 2 a) Within forty-five (45) calendar days of the entry of the Preliminary 3 Approval Order or as may be modified by the Court, the Settlement Administrator shall 4 send the Notice by electronic mail (if available) or first-class mail to the Court proposed forms Class 5 Members. The Notice shall be sent to the last known electronic mail address or last 6 known mailing address of the Class Members that are reasonably obtainable from the 7 Plan Recordkeepers. The Settlement Notice, which are appended hereto Administrator shall update mailing addresses 8 through the National Change of Address database before mailing (with all returned mail 9 skip-traced and promptly re-mailed). The Settlement Administrator shall use 10 commercially reasonable efforts to locate any Class Member whose Notice is returned 11 and re-mail such Notice one additional time if an updated location is identified. The 12 Settlement Administrator shall also cause the Summary Notice to be issued as Exhibit 3 and Exhibit 4, respectivelya press 13 release with national distribution via PRNewswire within forty-five (45) calendar days 14 of entry of the Preliminary Approval Order.
A. 15 b) 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 Former Participant Claim Form must be paid from the Settlement Fund;
v. Give notice returned to the Settlement Class 16 Administrator within ninety (90) days of entry of the time Preliminary Approval Order by all 17 Former Participants, and place Beneficiaries or Alternate Payees who do not have Active 18 Accounts, who wish to receive the benefits of this Settlement. For each such Former 19 Participant, Beneficiary, and/or Alternate Payee that has not returned the Former Participant 20 Claim Form within fifty (50) days of the Fairness Hearing; and
vi. Describe how the recipients entry of the Class Notice may object to any of Preliminary Approval Order, 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 21 Settlement Administrator shall, by no later than sixty will send within fourteen (6014) days before the Fairness Hearing, cause the Settlement Notices, with such non- substantive modifications thereto as may be agreed upon thereafter a post card by the Settling Parties, to be sent by 22 electronic mail to all Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-(if available) or first class mail, postage prepaid, to the last known address of each member such Class Member 23 notifying them again of the Settlement deadline by which to submit the Former Participant Claim Form, 24 unless the previous mailings and communications to the 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 Member have been returned 25 as undeliverable and directs that the Settlement Administrator provide notice is unable to identify a valid electronic 26 mail or physical mailing address through 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 exercise of reasonable and good faith efforts.
27 c) Within thirty (to the extent available), and social security numbers or other unique identifiers of members 30) calendar days of the Settlement Class. The namesentry of the Preliminary Approval 28 Order and no later than the first date that the e-mailing or the mailing of the Notice occurs, addresses, email addresses (to 1 or as may be extended by the extent available), and social security numbers or other unique identifiers obtained pursuant to this Order shall be used solely for Court on application of 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 Settlement Notice returned as undeliverableParties, the Settlement 2 Administrator shall utilize establish a website containing the provided social security number Notice and this Agreement and its 3 exhibits, the Third Amended Complaint, the motions for preliminary approval and final 4 approval (when filed); the Motion for Attorneys’ Fees and Expenses (when filed); any approval 5 order or other unique identifier Court orders related to attempt the Settlement, any amendments or revisions to determine these 6 documents, and any other documents or information mutually agreed upon by the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.Settling
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto as Exhibit Exhibits 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, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail email to all Class Members for whom the Settlement Administrator is provided who have a current email address known to Duke University and/or the Plan’s recordkeeper(s) 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 circumstances, and directs that the Settlement Administrator to provide notice to the Settlement Class in the manner described. The Duke 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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Class Notice, which are appended hereto as Exhibit Exhibits 3 and Exhibit 4, respectively.
A. a. The Court finds that the proposed forms and the website referenced in the Settlement Class 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. b. The Settling Parties have proposed the following manner of communicating the notice to Class Members: members of the Settlement Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances, and directs that the Settlement Administrator shall, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesClass Notice, with such non- 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 who 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 ofproviding, 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 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. c. For any Settlement Class Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person Class Member and shall mail notice to that address.
D. d. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. e. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Class Notice to be published on the Settlement Websitewebsite identified in the Class Notice.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court the proposed forms form of Settlement Notice, which are is appended hereto to the September 18, 2020 Settlement Agreement as Exhibit 3 and Exhibit 4, respectively3.
A. The Court finds that the proposed forms form 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 RepresentativesRepresentative, 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: (1) Class Counsel shall post a notice and link with a claim form for former participants on the Settlement Website; (2) and (2) the Settlement Administrator shall, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- 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 e-mail address of each member Settlement Class Member provided by the Defendants’ Counsel, Defendants and/or the Plan’s recordkeepers (or their designee(s)). In the event of a bounce-back e-mail, the Settlement Administrator shall mail a copy of the notice to the Settlement Class for whom there is no current email Member’s address that can be identified obtained by the Settlement Administrator through commercially reasonable meansits efforts to verify the Class Member’s last known address. The Court finds that such proposed manner is the best notice practicable reasonable under the circumstances circumstances, because the Settlement provides nearly complete recovery to the class and any additional costs for the notice program would risk eviscerating the Settlement, and directs that the Settlement Administrator Class Counsel to 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented Subject to the Court court entering the Preliminary Approval Order, the Parties agree that the Settlement Administrator will provide notice in accordance with the form agreed to in this Agreement and approved by the court. The proposed notice forms are attached to this Agreement as Exhibits B, C, D and E. The proposed notice forms are subject to further consultation with the Settlement Administrator. Any revisions to the substance of the forms will be agreed to by Plaintiff’s Counsel and Xxxxxx’s Counsel. Notice shall include all of the following:
(a) The web address for the Settlement Notice, which are appended hereto Website will be xxx.xxxxxxxxxxxx.xxx or a name substantially similar and approved in advance by Elixir. The Long Form Notice shall be posted on the Settlement Website and shall be substantially similar to the form attached as Exhibit 3 B. The Settlement Website will also contain the Claim Form, Complaint, Agreement, the Preliminary Approval Order and Exhibit 4Final Order and Judgment, respectively.
A. The Court finds following entry by the court, and such other information agreed to by Plaintiff’s Counsel and Xxxxxx’s Counsel. Within seven (7) business days of when Plaintiff’s Counsel files a motion for attorneys’ fees and costs, that the proposed forms and the website referenced in motion will be included on the Settlement Notice fairly Website. The Settlement Website shall be operative starting on or before thirty (30) calendar days after entry of the Preliminary Approval Order and adequately:
i. Describe the terms shall be deleted and effect made inaccessible thirty (30) days after distribution of the Settlement Agreement and Benefit to the majority of Authorized Claimants.
(b) Long Form Notice shall consist of the Settlement;
iifull legal notice summarizing the proposed terms of this Agreement, as approved by Plaintiff’s Counsel, Elixir’s Counsel, and the Court. Notify The Long Form Notice shall be substantially similar to the form attached as Exhibit B. The Long Form Notice will be posted on the Settlement Class concerning the proposed Plan of Allocation;
iii. Notify the Website and sent to Settlement Class members who so request the Long Form Notice.
(c) Internet Notice shall consist of a social media campaign and/or banner advertisements that, when combined with the Email and Mailed Notices, will reach at least a 70% reach 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 direct people to the Settlement Class Website to complete an online Claim Form. The Internet Notice shall be substantially similar to the Email Notice, unless otherwise agreed to by the Parties. The Settlement Administrator will provide the Internet Notice on or before thirty (30) calendar days after entry of the time and place Preliminary Approval Order.
(d) Email Notice shall be sent via Email to the extent such addresses are kept by Elixir. The Settlement Administrator will provide the Email Notice on or before thirty (30) calendar days after entry of the Fairness Hearing; and
viPreliminary Approval Order. Describe how The Email Notice shall be substantially similar to 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 form attached as Exhibit C. 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 Xxxxxx maintains both a current email physical address and mailedemail address, shall be sent an Email Notice. If the Email Notice is undeliverable, those Class Members shall receive a Mailed Notice.
(e) Mailed Notice shall be sent via postcard, pre-paid postage, sent by first-class mail, postage prepaid, direct mail 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 meansMember to the extent such addresses are kept by Elixir. The Court finds that such proposed manner is Before mailing the best notice practicable under the circumstances and directs that Mailed Notice, the Settlement Administrator provide notice to shall update the addresses provided by Elixir with the National Change of Address database and other available resources deemed suitable by the Settlement Class in Administrator. If 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 Settlement Mailed Notice is returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to perform skip trace research and shall make one (1) attempt to determine remail the current address Mailed Notice as soon as possible before the Claim Filing Deadline. The Settlement Administrator will mail the Mailed Notice on or before thirty (30) calendar days after entry of the person and shall mail notice Preliminary Approval Order. It will be conclusively presumed that the intended recipients received the Mailed Notice if the Mailed Notice has not been returned to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator as undeliverable within fifteen (15) calendar days of mailing. The Mailed Notice shall file with be substantially similar to the Court a proof of timely compliance with form attached as Exhibit D.
(f) Reminder Notice shall be sent at least fourteen (14) days prior to the foregoing requirementsClaim Filing Deadline. The Settlement Administrator will provide two (2) Reminder Notices to the Settlement Class Members to whom it has sent Email Notice. The Reminder Notice may also include reminders on social media. The Reminder Notice shall be substantially similar to the Email Notice, unless otherwise agreed to by the Parties.
E. The Court directs Class Counsel, no later than sixty (60g) days before the Fairness Hearing, to cause Publication Notice shall be provided by the Settlement Notice Administrator to be published on the Settlement WebsiteClass Members through a banner advertisement placed in a newspaper that is circulated state-wide in California, which shall be selected by counsel for the Parties. The Publication Notice shall be substantially similar to the Email Notice, unless otherwise agreed to by the Parties. The Settlement Administrator will provide the Publication Notice on or before 30 (30) calendar days after entry of the Preliminary Approval Order.
(h) A live 24/7 call center will be set up with a person who will answer Settlement Class Members’ questions using an agreed upon script and can further take the name, address and relevant information to send out Long Form Notices.
(i) The Settlement Administrator shall retain a record of all such notice procedures and provide periodic updates to the Parties during the Notice Period.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Class Notice. The Settling Parties have presented to the Court the Settlement Notices, which are the proposed forms of notice regarding the Settlement Noticefor mailing to Class Members, which are appended hereto as Exhibit 3 and Exhibit 4, respectivelythe proposed Former Participant Rollover Form to Former Participants.
A. The Court approves the text of the Settlement Notices and Former Participant Rollover Form and finds that the proposed forms and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. Describe the terms and effect of the Settlement Agreement and of the Settlement;
iiiii. Notify the Settlement Class concerning the proposed Plan of Allocation;Explain how Former Participants can submit a Former Participant Rollover Form
iiiiv. Notify the Settlement Class that Class Counsel will seek compensation from the Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs;
iv. Notify the Settlement , Administrative Expenses, and Class that Administrative Expenses related to the implementation of the Settlement will be paid from the Settlement FundRepresentative Compensation;
v. Give notice to the Settlement Class of the time and place of the Fairness Hearing, and Class Members’ right to appear; and
vi. Describe how the recipients of the Class Notice may object to the Settlement, or any requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation.
B. Pursuant to Rules 23(c)(2) and (e) of the relief requested Federal Rules of Civil Procedure, the contents of the Settlement Notices and mailing the Settlement Notices constitutes the best notice practicable under the circumstances, provides due and sufficient notice of the Fairness Hearing and of the rights of all Class Members, and complies fully with the Settling Parties to discovery concerning such objectionsrequirements of Federal Rule of Civil Procedure 23 and due process.
B. C. The Settling Parties have proposed Settlement Administrator shall send by first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Rollover Form to each Former Participant within forty-five (45) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Administrator shallAgreement, 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 based on data provided by the Settling Parties, to Plans’ recordkeeper. The Settlement Notices shall be sent by electronic mail to all Class Members for whom the Settlement Administrator is provided a current email address and mailed, mailed by first-class mail, postage prepaid, to the last known address of each member of Class Member provided by the Settlement Class for whom there Plans’ recordkeeper (or its designee), unless an updated address 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 obtained by the Settlement Administrator provide notice through its efforts to verify the last known addresses provided by the Plans’ recordkeeper (or its designee). The Settlement Administrator shall use commercially reasonable efforts to locate any Class in the manner described. Defendants shall cooperate Member whose Settlement Notice is returned and re-mail such documents one additional time.
D. Former Participants must file a Former Participant Rollover Form with the Settlement Administrator by providing or facilitating [a date no later than ten (10) calendar days before the provision of, Fairness Hearing] in electronic format, the names, addresses, email addresses (order to receive a settlement payment via rollover pursuant to the extent available), and social security numbers Plan of Allocation. Former Participants who do not submit a Former Participant Rollover Form will receive their settlement payment via check pursuant to the Plan of Allocation.
E. On or other unique identifiers of members of before the date that Settlement Notices are sent to 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize establish a Settlement Website and telephone support line as provided by the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Agreement. The Settlement Administrator shall file with the Court post a proof copy of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published Notices on the Settlement Website.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to 68. Following the Court proposed forms entry of the Preliminary Approval Order, the Settlement Notice, which are appended hereto as Exhibit 3 Administrator shall provide timely Class Notice in the manner and Exhibit 4, respectivelyform approved and directed by the Court.
A. The Court finds that the proposed forms and the website referenced in the Settlement 69. Notice fairly and adequately:
i. Describe the terms and effect of the Settlement to the Settlement Class Members shall comply with the Federal Rules of Civil Procedure and any other applicable statute, law, or rule, including but not limited to, the Due Process Clause of the United States Constitution. Defendants shall provide the CAFA Notice.
70. Following the Court’s preliminary approval of the Settlement and the Court’s appointment of the proposed Settlement Administrator, the Settlement Administrator shall disseminate the Class Notice, as specified in the Preliminary Approval Order and Paragraphs 68 to 85 herein in compliance with all applicable laws, including, but not limited to, the Due Process Clause of the United States Constitution.
71. The Class Notice shall be in a form substantially similar to the document attached to this Agreement as Exhibit A and shall comport with the following: (a) the Class Notice shall contain a plain and concise description of the nature of the Action and the proposed Settlement, including information on the definition and composition of the Settlement Class, how the proposed Settlement would provide relief to Settlement Class Members, what claims are released and which entities are released in the proposed Settlement, and other relevant information; (b) the Class Notice shall inform everyone on the Settlement Class Member List that they have the right to opt out of the Settlement;
ii. Notify , and provide the deadlines and procedures for exercising this right; (c) the Class Notice shall inform Settlement Class concerning Members of their right to object to the proposed Plan of Allocation;
iii. Notify Settlement and appear at the Final Approval Hearing, and shall provide the deadlines and procedures for exercising these rights; and (d) the Class Notice shall inform Settlement Class Members 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 Administration Expenses related to the implementation of the Settlement will be paid deducted from the Settlement Fund;, the maximum amounts to be sought by Class Counsel for the Fee and Expense Award and Service Payments to Plaintiffs, and shall explain that the Administration Expenses, any Fee and Expense Award, and any Service Payments will be paid out of the Settlement Fund before Settlement Class Members’ Settlement Shares are calculated.
v. Give notice 72. Within fourteen (14) days of the Preliminary Approval Date, Defense Counsel shall provide to the Settlement Administrator the Settlement Class Member List. In preparing the Settlement Class Member List, Bank of America shall have no obligation to look beyond information obtainable from Bank of America’s readily searchable databases to determine the time and place Last Known Addresses of the Fairness HearingSettlement Class Members.
73. The Settlement Class Member List shall specify:
(a) The names of all Settlement Class Members;
(b) The Last Known Address for each Settlement Class Member; and
vi. Describe how the recipients (c) The number of the Merchant Overdraft Fees associated with each Settlement Class Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objectionsMember’s Consumer Deposit Account.
B. 74. The Settling Parties have proposed Settlement Administrator shall utilize current U.S.P.S. software and/or the following manner National Change of communicating Address (“NCOA”) database searches to update the notice to address records so that a Settlement Class Members: Member’s most recent address will be utilized for mailing purposes.
75. The Settlement Class Member List and its contents shall be used by 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 performing its obligations pursuant to this Agreement and shall not be used for any other purpose at any time. Except to administer the Settlement as provided in this Agreement, or provide necessary data and information to the Parties upon request, neither the Settlement Class Member List nor the information contained therein, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject to return or destruction pursuant to Paragraph 136 of this Agreement.
76. The Settlement Administrator shall provide notice of this settlement Settlement and as required for purposes the Final Approval Hearing to all Settlement Class Members by mailing a copy of tax withholding and reportingthe Class Notice. Unless adjusted by Court order, and for no other purposethe mailing of all Class Notices shall be completed within thirty- five (35) days after the entry of the Preliminary Approval Order.
C. For 77. Prior to the dissemination and mailing of the Class Notice to any Settlement Notice returned as undeliverableClass Member, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court establish a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website, xxx.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Class Notice. The Settling Parties have presented Settlement Administrator shall provide timely Class Notice in the manner and form approved by the Court.
1. Within ninety (90) days of the Preliminary Approval Date, counsel for Bangor shall provide 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 Administrator the Settlement Class concerning the proposed Plan of Allocation;
iiiMember List. Notify In preparing the Settlement Class that Member List, Bangor shall have no obligation to look beyond information obtainable from Bangor’s readily-searchable electronic databases. The Settlement Class Counsel will seek compensation from the Member List shall specify:
(a) The names of all Settlement Fund Class Members;
(b) The Last Known Address for each Settlement Class Member;
(c) The number of Fees charged to each Account during 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 HearingPeriod; and
vi(d) The current status of each Account (active or inactive). Describe how The Settlement Administrator shall utilize current U.S.P.S. software and/or the recipients National Change of Address (“NCOA”) database searches to update the address records so that a Settlement Class Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objectionsMember’s most recent address will be utilized for mailing purposes.
B. 2. The Settling Parties have proposed the following manner of communicating the notice to Settlement Class Members: Member List and its contents shall be used by 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 performing its obligations pursuant to this Agreement and shall not be used for any other purpose at any time. Neither the Settlement Class Member List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject to return or destruction pursuant to Section VII.E.2 of this Agreement.
3. The Settlement Administrator shall provide notice of this settlement Settlement and as required for purposes the Final Approval Hearing to all Settlement Class Members by mailing a copy of tax withholding and reportingthe Class Notice. Unless adjusted by Court order, and for no other purposethe mailing of all Class Notices shall be completed within 21 days of the Settlement Administrator’s receipt of the Settlement Class Member List.
C. For 4. Prior to the dissemination and mailing of the Class Notice to any Settlement Notice returned as undeliverableClass Member, the Settlement Administrator shall utilize establish an Internet website, using a domain to be mutually agreed upon by the provided social security number Parties (the “Settlement Website”), which will contain the Class Notice and inform Settlement Class Members of the relevant dates and deadlines and related information. The website shall include, in .pdf downloadable format, the following: (i) the Class Notice; (ii) the Preliminary Approval Order; (iii) this Agreement (including all of its Exhibits), (iv) the Complaint; and (v) any other materials agreed upon by the Parties and/or required by the Court. The Internet website shall provide persons in the Settlement Class with the ability to complete and submit a request for exclusion or other unique identifier opt out at all times prior to the Opt-Out and Objection Deadline.
5. The cost of providing the Class Notice to each person on the Settlement Class Member List including, without limitation, postage costs and data processing, shall be paid solely from the Settlement Fund and Bangor shall have no additional obligation or liability with respect to such costs or expenses. The Parties, in good faith, will endeavor to minimize these costs to the extent possible or prudent.
6. In the event that a Class Notice is returned to the Settlement Administrator by the U.S.P.S. because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Class Notice to the forwarding address within seven (7) days of receiving the returned Class Notice.
7. In the event that subsequent to the first mailing of a Class Notice, and at least fourteen (14) days prior to the Opt-Out and Objection Deadline, a Class Notice is returned to the Settlement Administrator by the U.S.P.S. because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to determine ascertain the current address of the person and shall mail notice to that addressparticular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Class Notice within seven (7) days of receiving such information.
D. At 8. For a period of 360 days after the Preliminary Approval Date, or before 225 days after the Fairness HearingEffective Date, Class Counsel or whichever is longer, the Settlement Administrator shall file maintain, at its expense, a post office box or address, as well as a functioning e-mail address, to receive communications in connection with the Court a proof of timely compliance with the foregoing requirementsSettlement.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Class Notice. The Settling Parties have presented to 14.1 Within ten (10) Business Days after the Court proposed forms enters the Preliminary Approval Order, Ally will provide the Settlement Administrator with an electronic list of Class Members and their last known addresses. Within thirty (30) days after the Court enters the Preliminary Approval Order, Ally will provide the Settlement NoticeAdministrator with an electronic list showing for each Class Member’s Covered Contract: the name of the borrower(s), which are appended hereto last known mailing address(es), the amount of any deficiency payments made as Exhibit 3 and Exhibit 4of the date of entry of the Preliminary Approval Order, respectively.
A. The Court finds that any deficiency balance as reflected in Ally’s records as of the proposed forms date of entry of the Preliminary Approval Order, and the website referenced in the Settlement Notice fairly and adequately:
i. Describe the terms and effect amount of the Settlement Agreement finance charge and of amount financed as stated on the Settlement;
iiCovered Contract. Notify Also within thirty (30) days after the Settlement Class concerning Court enters the proposed Plan of Allocation;
iii. Notify the Settlement Class that Class Counsel Preliminary Approval Order, Ally 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 produce to the Settlement Administrator and Class Counsel, as to the Class as a whole: the total number of Class Members, the total number of Covered Contracts, the aggregate amount of finance charges, the aggregate amounts financed, the aggregate amount of deficiency balances as reflected in Ally’s records as of the time and place date of entry of the Fairness Hearing; and
vi. Describe how Preliminary Approval Order, and the recipients aggregate amount of deficiency payments as of the Class Notice may object to any date of entry of the relief requested and Preliminary Approval Order on the rights of Covered Contracts for the Settling Parties Class. Ally will promptly respond to discovery concerning such objections.
B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: reasonable questions the Settlement Administrator shall, by no later than sixty may have concerning the information provided under this Paragraph 14.1.
14.2 Within thirty (6030) days before after the Fairness HearingCourt enters the Preliminary Approval Order, 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 mailedwill post the Court-approved Class Notice on the Settlement Website. Within thirty (30) days after Ally provides the Class Member information to the Settlement Administrator as described in the first sentence of Paragraph 14.1, the Settlement Administrator will mail the Court-approved Class Notice to each Class Member 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 envelopes for mailing the Class Notice will be marked “address correction requested.”
14.3 If any Class Notice is returned by 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 Settlement Notice returned as undeliverableUnited States Postal Service, the Settlement Administrator shall utilize will re-mail the provided Class Notice by first-class mail to any new address of the Class Member disclosed by the United States Postal Service. If a Class Notice is returned without a new address, Ally will provide the Settlement Administrator with the Class Member’s social security number for the purposes of performing a skip trace, and the Settlement Administrator will re-mail the Class Notice to the Class Member by first-class mail to the new address identified through the skip trace. The Settlement Administrator will have no obligation to take any further action to mail a Class Notice to a Class Member if the skip trace does not identify a new address for the Class Member or other unique identifier to attempt to determine if any Class Notice mailed after the current address of skip trace is returned by the person and shall mail notice to that United States Postal Service without a new address.
D. At 14.4 Subject to entry of the Final Approval Order and the Final Judgment (including a finding in substance similar to the one described in Paragraph 10.1(c)), none of the following will prevent or before delay a Class Member under Paragraph 8.2 from being fully, finally, and forever a Class Member included in the Fairness HearingClass and bound by the settlement reflected in this Agreement (including Paragraph 5): actual receipt of a Class Notice, Class Counsel or actual notice or knowledge of the Litigation, this Agreement, the Preliminary Approval Order, the Final Approval Order, or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirementsFinal Judgment.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto as Exhibit Exhibits 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, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail email 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 circumstances, and directs that the Settlement Administrator to provide notice to the Settlement Class in the manner described. Defendants Defendant 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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
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 shall be provided to Class Members. The Parties believe and of agree that the Settlement;
ii. Notify following procedures for disseminating such notice provide 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 best practicable notice to the Settlement Class of the time Members.
a. The Claims Administrator shall be responsible for preparing, printing, and place of the Fairness Hearing; and
vi. Describe how the recipients mailing to all Class Members an individualized version of the Class Notice may object to as approved by the Court and 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 other materials as may be agreed upon required to be distributed, including a Claim Form for individuals claiming to be Class Members who request such a Form, all as approved and directed by the Settling PartiesCourt.
b. Not later than fifteen (15) business days after the Court’s entry of a Preliminary Approval Order, 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 greatest extent possible based on existing and directs that the Settlement Administrator obtainable information, Xxxxxx shall provide notice to the Settlement Class in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision ofClaims Administrator, in electronic formatform, a spreadsheet (the names“Putative Class List”) that contains the name, addressestelephone number, social security number, last known mailing address and email addresses (to the extent available)address, and starting and ending employment dates during the Class Period (including multiple starting and ending employment dates if applicable) of every Class Member, as updated to include the most current information available to Xxxxxx. Xxxxxx shall meet and confer with the Claims Administrator regarding the format of said spreadsheet, and shall cooperate to provide any additional information the Claims Administrator may request that is reasonable and necessary for the purpose of providing Class Notice, allocating and distributing the Gross Fund Amount, and otherwise administering this Agreement. The Claims Administrator shall provide Class Counsel with a copy of the Putative Class List, but shall delete social security numbers or before doing so. The contact information in the Putative Class List shall be treated as Highly Confidential pursuant to the stipulated protective order entered in the Action. The parties will ask the Court to determine in its Order of Preliminary Approval whether to impose any other unique identifiers of members limitation on Class Counsel’s use of the Settlement Classcontact information in the Putative Class List. The namesXxxxxx asserts that Class Counsel should be permitted to use information from the Putative Class List to contact Class Members who are current Xxxxxx employees regarding only administration of this settlement. Plaintiffs assert that no further limitation beyond the Highly Confidential designation under the Protective Order is appropriate, addresses, email addresses (that imposing any such limitation would inappropriately hamper Class Counsel’s role and duties to the extent available)class members, and social security numbers or other unique identifiers obtained pursuant that the Court has already resolved this issue by ordering in the February 25, 2016 Discovery Order (Docket No. 76) that Xxxxxx produce to plaintiffs a full class list with contact information without imposing any limitations on use of that information beyond the confidentiality designations permitted by the Protective Order. Xxxxxx represents that it agreed to comply with the Discovery Order (Docket No. 76) and that it has so complied, but asserts that the Discovery Order does not resolve the issue of whether additional limitations should be placed on Class Counsel’s use of the contact information in the Putative Class List that will be provided as part of this Order shall settlement. Until the Court issues a Preliminary Approval Order, the parties agree that the contact information in the Putative Class List will be used limited solely for the purpose of providing notice administration of this settlement and as required for purposes of tax withholding and reporting, and for no other purposesettlement.
C. For any Settlement Notice returned as undeliverablec. Based on the information provided in the Putative Class List and the Plan of Allocation set forth herein, the Settlement Claims Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, promptly calculate an Estimated Settlement Amount for every Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness HearingMember, to cause be included in the Settlement individualized Notice to be published sent to that Class Member, and shall prepare and email a spreadsheet setting forth those calculations to Class Counsel and Xxxxxx’x counsel no fewer than two days before mailing the Class Notice to Class Members.
d. Not later than ten (10) business days after receipt of the information described in subsection (b) above, the Claims Administrator shall mail the Class Notice to every individual on the Putative Class List whose address information is known. This mailing shall be sent by first-class U.S. mail, postage pre-paid. Before mailing the Class Notice, the Claims Administrator shall run the Putative Class Member addresses through the U.S. Postal Service’s Change of Address Database and update any addresses accordingly. Any returned envelopes from the initial mailing with forwarding addresses shall be used by the Claims Administrator to re-mail the Class Notice. Not later than (10) business days after receipt of the Putative Class List, the Claims Administrator shall also email a copy of the Class Notice to all Putative Class Members whose email addresses are known. The Claims Administrator will track and report all “bounce back” emails, but shall be under no obligation to search for different email addresses.
e. Except as otherwise provided herein, the Class Notice:
i. Shall state that the deadline for submitting any objection to the Settlement Website.or for opting out of the Settlement shall be seventy-five
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
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.of
A. The Court approves the text of the Settlement Notices and Former Participant Claim Forms, and finds that the proposed forms and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees Fees, Costs, Administrative Expenses, and CostsClass Representative Compensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any requested Attorneys’ Fees, Costs, Administrative Expenses, or Class Representative Compensation.
B. Pursuant to Rules 23(c)(2) and (e) of the relief requested Federal Rules of Civil Procedure, the contents of the Settlement Notices and mailing the Settlement Notices constitutes the best notice practicable under the circumstances, provides due and sufficient notice of the Fairness Hearing and of the rights of all Class Members, and complies fully with the Settling Parties to discovery concerning such objectionsrequirements of Federal Rule of Civil Procedure 23 and due process.
B. C. The Settling Parties have proposed Settlement Administrator shall send by first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Claim Form to each Former Participant within forty-five (45) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Administrator shallAgreement, 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 based on data provided by the Settling Parties, to Plans’ recordkeeper. The Settlement Notices shall be sent by electronic mail to all Class Members for whom the Settlement Administrator is provided a current email address and mailed, mailed by first-class mail, postage prepaidpaid, to the last known address of each member of Class Member provided by the Settlement Class for whom there Plans’ recordkeeper (or its designee), unless an updated address 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 obtained by the Settlement Administrator provide notice through its efforts to verify the last known addresses provided by the Plans’ recordkeeper (or its designee). The Settlement Administrator shall use commercially reasonable efforts to locate any Class in the manner described. Defendants shall cooperate Member whose Settlement Notice is returned and re-mail such documents one additional time.
D. Former participants must file a Former Participant Claim Form with the Settlement Administrator by providing or facilitating [a date no later than ten (10) calendar days before the provision of, Fairness Hearing] in electronic format, the names, addresses, email addresses (order to be considered for a distribution pursuant to the extent available), and social security numbers Plan of Allocation.
E. On or other unique identifiers of members of before the date that Settlement Notices are sent to 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize establish a Settlement Website and telephone support line as provided by the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Agreement. The Settlement Administrator shall file with the Court post a proof copy of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published Notices on the Settlement Website.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to 15. Defendant will pay all costs of effectuating and implementing 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 set forth herein.
16. Within fourteen (14) days of the time Preliminary Approval Order, Defendant will provide all last-known physical addresses and place email addresses it possesses for the Settlement Class to the Settlement Administrator.
17. Within thirty (30) days 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: Preliminary Approval Order, the Settlement Administrator shallshall substantially complete the process of sending notice to Settlement Class Members.
18. Email Notice shall be sent to each potential Settlement Class Member, for whom Defendant possesses an email address on a date suggested by no the Settlement Administrator and shall include a hyperlink to the Claim Form on the settlement website.
19. No later than sixty (60) days before the Fairness HearingClaims Submission Deadline, cause a final reminder notice shall be emailed to each potential Settlement Class Member who has not yet submitted a Claim Form or request for exclusion. The Settlement Administrator, in consultation with the Settlement NoticesParties, will determine the specific wording and layout of this reminder notice, which will be consistent with such non- substantive modifications thereto as may be agreed upon the Email Notice approved by the Settling Parties, Court. The reminder notice described in this paragraph will only be sent via email.
20. Where the email address of a Settlement Class Member cannot be located or the email address of a Settlement Class Member is found to be sent by electronic mail to all Class Members for whom no longer valid, the Settlement Administrator is provided will undertake to send such Settlement Class Members a current email address and mailedPostcard Notice, by in the same form as Exhibit 4 through first-class U.S. mail.
21. Prior to mailing Postcard Notice, 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 shall run physical mailing addresses through the National Change of Address Database (“NCOA”) to attempt to obtain the most current name and/or physical mailing address for each potential Settlement Class Member who cannot be reached through Email Notice.
22. If any Postcard Notice mailed to any potential Settlement Class Member is returned 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address will promptly log each Postcard Notice that is returned as undeliverable and provide copies of the person log to Defendant and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or upon request. If the mailing is returned to the Settlement Administrator with a forwarding address, the Settlement Administrator shall file with forward the Court mailing to that address. For the remaining returned mailings, the Settlement Administrator will use reasonable efforts, including potentially an Experian search or skip tracing, to attempt to obtain a proof of timely compliance with new address, and those mailings shall be forwarded to any new address obtained through such a search. If any Postcard Notice is returned as undeliverable a second time, no further mailing shall be required. It is agreed by the foregoing requirementsParties that the procedures set forth in the preceding Paragraphs and this Paragraph constitute reasonable and the best practicable notice under the circumstances and an appropriate and sufficient effort to locate current addresses for Settlement Class Members such that no additional efforts to do so shall be required. PCNA represents that it has conducted a reasonably diligent inquiry and has concluded that it possesses email addresses and/or mailing addresses for substantially all potential Settlement Class members.
E. 23. The Court directs Parties agree that the Longform Notice and Claim Form, without material alteration from Exhibits 1 and 3, shall be posted to the settlement website as set forth below, and will be available upon request to all potential Settlement Class CounselMembers.
24. The Longform Notice and Claim Form will also be made available to all potential Settlement Class Members by request to the Settlement Administrator, no later than who shall send via first-class U.S. mail any of these documents as requested by any potential Settlement Class Member.
25. The Settlement Administrator shall initiate and continue to maintain the website xxx.XxxxxxxXXXXxxxxxxxxx.xxx and post the Settlement Agreement, Postcard Notice, Longform Notice, Claim Form, Preliminary Approval Order, and frequently asked questions. The website may be amended from time to time as agreed to by the Parties. The Settlement Administrator shall maintain the website for at least sixty (60) days before after expiration of the Fairness HearingClaims Submission Deadline.
26. The home page of the website shall reflect the case settlement and shall have a “Make A Claim” button permitting a Settlement Class Member to access the Claim Form, with a method to cause submit the Claim Form electronically with a signature submitted through an electronic signature service in which the claimant may sign electronically using a computer, tablet, smart phone, or similar device, and a method to request that a copy of a paper Claim Form be mailed or emailed to the Settlement Notice Class Member.
27. The website shall provide that a Settlement Class Member may submit a Claim Form electronically by entering or uploading all required information and documentation under Option 1 or Option 2, and by signing and submitting the Claim Form through submission of a signature submitted through an electronic signature service in which the claimant may sign electronically using a computer, tablet, smart phone, or similar device.
28. The Settlement Administrator shall maintain a live call center 24/7 with a person who will answer the potential Settlement Class Members’ questions using an agreed upon script and can further take name, address, and relevant information to send out Longform Notices.
29. The Settlement Administrator shall rent a post office box to be published on used for receiving requests for exclusion, objections, notices of intention to appear, and any other settlement-related communications. Only the Settlement WebsiteAdministrator, the Court, the Clerk of the Court, and their designated agents shall have access to this post office box, except as otherwise expressly provided in this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement NoticeClass Notice for current and former participants, 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 Class 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 Notify 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 parties to discovery concerning such objections.
B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: members of the Class, and the Court finds that such proposed manner is reasonable under the circumstances, and directs that the Settlement Administrator shall, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesClass Notice, with such non- 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 all Class Members for whom there is no current email address that and for whom 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 Defendant shall cooperate with the Settlement Administrator by providing or facilitating the provision ofproviding, 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 Social Security numbers or other unique identifiers obtained pursuant to in accordance with 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 Settlement Class Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person Class Member and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Class Notice to be published on the Settlement Websitewebsite identified in the Class Notice.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto the Settlement Agreement (Doc. ) dated October 12, 2020, as Exhibit Exhibits 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, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail email 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 circumstances, and directs that the Settlement Administrator provide notice to the Settlement Class in the manner described. Defendants Insperity Retirement Services, L.P. 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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. The Settling Court (a) approves, as to form and content, of the proposed Google BIPA Settlement Claim Form, Long Form Notice, Publication Notice, Summary Notices, and Reminder notice submitted by the Parties have presented as Exhibits 1, 3, 5, 6, 8, 9 and 11, respectively, to the Court proposed forms of Settlement NoticeAgreement; and (b) finds and determines that Direct Notice to Settlement Class Members via e-mail and U.S. Mail (if e-mail is unavailable), 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 publication of the Settlement Agreement Agreement, Long Form Notice, Summary Notice, and of the Settlement;
ii. Notify Claim Form on 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 RepresentativesWebsite, Attorneys’ Fees supplemented by any Internet Campaign 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 Publication 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 deemed appropriate 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 FILED DATE: 4/14/2022 8:11 PM 2019CH00990
(i) constitutes the best notice practicable under the circumstances and directs circumstances, (ii) constitutes notice that is reasonably calculated, under the Settlement Administrator provide notice circumstances, to the apprise Settlement Class in Members of the manner described. Defendants shall cooperate with pendency of the Settlement Administrator by providing or facilitating the provision ofAction, in electronic format, the names, addresses, email addresses their right to submit a Claim (if applicable) their right to the extent available), and social security numbers or other unique identifiers of members of exclude themselves from the Settlement Class, the effect of the proposed Settlement (including the Releases to be provided thereunder), Class Counsel’s motion for an award of attorneys’ fees and expenses and for Service Payments, their right to object to the Settlement, and their right to appear at the Final Approval Hearing; (iii) constitutes due, adequate, and sufficient notice to all Persons entitled to receive notice of the proposed Settlement; and (iv) satisfies the requirements of 735 ILCS 5/2-803 and due process and all other applicable laws and rules. The names, addresses, email addresses (to Court further finds that all of the extent available)notices are written in simple terminology, and social security numbers or other unique identifiers obtained pursuant to this Order are readily understandable by Settlement Class Members. The date and time of the Final Approval Hearing shall be used solely for included in all notices before they are disseminated. The Parties, by agreement, may revise the purpose of providing notice of this settlement and as required notices in ways that are appropriate to update those notices for purposes of tax withholding accuracy and reportingclarity, and may adjust the layout of those notices for no other purposeefficient electronic presentation and mailing.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
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.Parties
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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Class Notice. 5. The Settling Parties have presented to Court has considered the Court proposed forms of notice including the Summary Notice and Long Form Notice (attached as Exhibits 2 and 3 to the Settlement Notice, which are appended hereto Agreement) and the Settlement Claim Form (attached as Exhibit 3 4 to the Settlement Agreement), and Exhibit 4, respectively.
A. The Court finds that the proposed forms forms, content, 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 proposed by the Settling PartiesParties and approved herein meet the requirements of Fed. R. Civ. P. 23(c) and (e), 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 are the best notice practicable under the circumstances circumstances, constitute sufficient notice to all persons entitled to notice, and directs satisfy due process. The Court approves the notice program in all respects, and orders that notice be given in substantial conformity therewith. The notice program shall commence by the “Notice Deadline” below. The costs of preparing, printing, publishing, mailing, and otherwise disseminating the notice shall be paid from the Settlement Fund in accordance with the Agreement.
6. The Court appoints Xxxxxxxx Xxxxxx Consultants LLC (“KCC”) as Claims Administrator. Responsibilities of the Claims Administrator provide notice shall include the following: (a) arranging for distribution of the Class Notice and Settlement Claim Forms to Settlement Class Members; (b) making any other mailings to Settlement Class Members required under the terms of the settlement; (c) answering written and telephonic inquiries from Settlement Class Members and/or forwarding such inquiries to Class Counsel or their designee; (d) receiving and maintaining on behalf of the Court and the Parties any Settlement Class Member correspondence regarding requests for exclusion or objections; (e) establishing the Settlement Website that posts notices and other pertinent documents; (f) receiving and processing Settlement Claim Forms and distributing settlement payments to Settlement Class Members; (g) paying from the Settlement Fund all disbursements required by the terms of the Settlement or ordered by the Court, as well as any fees and costs incurred or due to banks, credit card processing companies, or others for responding to subpoenas to locate or identify the Settlement Class in the manner described. Defendants shall cooperate Members; and (h) otherwise assisting with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available), implementation and social security numbers or other unique identifiers of members administration 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address terms of the person and shall mail notice to that addressAgreement.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. Notice of the Settlement shall be provided to Class Members. The Settling Parties have presented believe and agree that the following procedures for such notice provide the best practicable notice to Class Members.
a. The Claims Administrator shall be responsible for preparing, printing, and mailing to all Class Members an individualized version of the Class Notice approved by the Court and any such other materials as may be required to be distributed, all as approved and directed by the Court.
b. Not later than ten (10) business days after the Court’s entry of an Order of Preliminary Approval, the Claims Administrator shall prepare, in electronic form, a spreadsheet (the “Class List”) that contains the name, telephone number, last known mailing address and email address, and starting and ending employment dates during the Class Period (including multiple starting and ending employment dates if applicable) of every Class Member, and shall provide the Parties’ counsel with a copy. The Claims Administrator shall not include social security numbers on the Class List provided to the Parties’ counsel. The Claims Administrator shall include in the Class List any updated information generated pursuant to the class notice and opt-out procedure approved by the Court proposed forms of Settlement Noticeon August 11, which are appended hereto as Exhibit 3 and Exhibit 4, respectively2016.
A. The Court finds that c. Based on the proposed forms and the website referenced information in the Class List and allocation of the Class Payment set forth herein, the Claims Administrator shall promptly calculate an Estimated Settlement Amount for every Class Member, to be included in the individualized Notice fairly to be sent to that Class Member, and adequatelyshall prepare and email a spreadsheet setting forth those calculations to Class Counsel and McDonald’s counsel no fewer than two days before mailing the Class Notice to Class Members.
d. No later than ten (10) business days after preparation of the information described in subsection (b) above, the Claims Administrator shall mail the Class Notice to every individual on the Class List whose address information is known. This mailing shall be sent by first-class U.S. mail, postage pre-paid. Any returned envelopes from the initial mailing with forwarding addresses shall be used by the Claims Administrator to re-mail the Class Notice. The Claims Administrator shall forward the Class Notice to the new address within five (5) calendar days of receipt of the forwarding address. No later than (10) business days after receipt of the Class List, the Claims Administrator shall also email a copy of the Class Notice to all Class Members whose email addresses are known. The Claims Administrator shall track and report all “bounce back” emails, but shall be under no obligation to search for different email addresses.
e. Except as otherwise provided herein, the Class Notice:
i. Describe Shall state that the terms and effect deadline for submitting any objection to the Settlement or for opting out of the Settlement Agreement and shall be sixty (60) calendar days after the postmark date of the Settlementinitial mailing of Class Notice;
ii. Notify Shall state the recipient’s Estimated Settlement Class concerning Amount, as calculated by the proposed Plan of AllocationClaims Administrator;
iii. Notify Xxxxx inform the Settlement Class that Class Counsel will seek compensation from recipient of the Settlement Fund for need to provide updated contact information to the Class Representatives, Attorneys’ Fees and CostsClaims Administrator until such time as all settlement funds have been distributed;
iv. Notify the Settlement Class that Administrative Expenses related to the implementation Xxxxx include a summary of the Settlement will release and waiver of claims against the Released Parties, and shall inform the recipient that any Class Member who does not timely opt out shall be paid from deemed to have released all covered claims against the Settlement FundReleased Parties;
v. Give notice Shall explain that a Class Member who is not identified on the Class List or whose Class Notice is returned to the Settlement Class Claims Administrator by the post office after mailing shall not be eligible to share in the settlement funds unless that individual submits a Claim Form to the Claims Administrator no later than ninety (90) calendar days after the postmark date of the time and place of the Fairness Hearing; andClass Notice.
vi. Describe how Shall explain that no Claim Form will be required from any individual on the recipients Class List to whom a Class Notice is sent and is not returned.
f. For any Class Notice that is returned by the post office as undeliverable or addressee unknown, the Claims Administrator shall perform a skip trace that shall include: (1) processing the name and address through the United States Postal Service’s National Change of Address database; (2) performing address searches using such public and proprietary electronic resources as are available to the Claims Administrator that lawfully collect address data from various sources such as utility records, property tax records, motor vehicle registration records, and credit bureaus; and (3) calling last-known telephone numbers (and telephone numbers updated through public and proprietary databases) to obtain accurate contact information. If the Claims Administrator is successful in locating an alternate subsequent address or addresses, the Claims Administrator shall forward such Class Notice to the new address(es) within ten (10) calendar days of receipt of the Class Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objectionsundeliverable notice.
B. g. The Settling Parties have proposed intend that all reasonable means be used to maximize 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 likelihood that all Class Members for whom will receive the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, Class Notice.
h. In addition 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 formatforegoing, the namesParties may, addressesbut are not obligated to, email addresses (to supplement the extent available), and social security numbers or other unique identifiers mailed Class Notice with reasonable alternative forms 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 purposenotice.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
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. 8.1 The Court finds that approves the proposed forms and the website referenced methods of providing notice to Class Members as described 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 RepresentativesAgreement, 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 including the Class Notice may object attached as Exhibit B to any of the relief requested Agreement and the rights of the Settling Parties to discovery concerning such objections.
B. The Settling Parties have proposed the following manner of communicating the providing 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 described in Section 5 of the Settlement Class for whom there is no current email address that can be identified through commercially reasonable meansAgreement. The Court finds that such proposed manner notice as described in the Agreement is reasonably calculated, under all the best notice practicable under circumstances, to apprise Class Members of the circumstances pendency of this Action, the terms of the Agreement, and directs that the Settlement Administrator provide notice their right to object 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 exclude themselves from the Settlement Class. The names, addresses, email addresses (to Court further finds that 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 Settlement Notice returned as undeliverableClass Notice, the Settlement Administrator shall utilize website, and the provided social security number or other unique identifier to attempt to determine forms of notice described in the current address of the person Agreement are reasonable, constitute due, adequate, and shall mail sufficient notice to that addressall persons entitled to receive notice, and meet all legal requirements, including the requirements of Fed. R. Civ. P. 23 and due process.
D. At or before 8.2 The Class Notice, in the Fairness Hearing, Class Counsel or form and content of Exhibit B to the Settlement Agreement, shall be mailed by the Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later not less than sixty seventy-five (6075) days before the Fairness HearingFinal Approval Hearing regarding the Settlement, to cause in the manner described in the Agreement.
8.3 No later than the posting of the Class Notice, the Administrator shall establish a website containing copies of the Agreement and Exhibits, the Preliminary Approval Order, the Class Notice, Claim Form, Spanish translations of the Class Notice and Claim Form, and such other documents and information about the Settlement Notice as Class Counsel and Defendant’s Counsel agree upon. The Claim Form shall be available to download or print from the Settlement website, and signed, scanned, completed copies of the Class Form may be published uploaded on the Settlement Websitewebsite. The Settlement website shall have a Uniform Resource Locator which identifies the Settlement website as xxx.xxxxxxxxxxxxxxxxxx.xxx. The Settlement website shall not include any advertising and shall not bear any logos or trademarks of the Defendant other than those appearing in the Agreement. The Settlement website shall cease to operate and the Administrator shall remove all information from the Settlement website no later than the Final Accounting as set forth in section 7.9 of the Agreement. Ownership of the Settlement website URL shall begin to be transferred to Defendant within ten (10) days after operation of the Settlement website ends. No later than the posting of the Class Notice, the Administrator shall establish a toll-free interactive voice response phone number, with script recordings of information about the Settlement, including information about the Claim Form, utilizing the relevant portions of the Class Notice and Claim Form. The Administrator shall send the Class Notice and Claim Form, or Spanish translations of both, upon request of any Class Members. The phone number shall remain open and accessible through the Claim Deadline and allow for Class Members to leave recorded messages. Except for requests for the Class Notice or Claim Form, the Administrator will promptly advise Class Counsel of recorded messages left by Class Members concerning the Action and/or the Settlement, or direct any Class Members with questions that cannot be answered to Class Counsel, so that Class Counsel may timely and accurately respond to such inquiries.
8.4 Settlement Class Members may submit Claim Forms in the form attached to the Agreement as Exhibit C, requesting a Claim Settlement Payment in accordance with the terms of the Agreement. To be considered valid and timely, a Claim Form must be materially complete, signed by or on behalf of the Class Member, and either: (a) mailed to the Administrator’s address as specified in the Claim Form and postmarked by , 2022 [45 days after Final Approval Hearing]; or (b) uploaded on the class website on [same date] (“Claim Deadline”). Claim Forms may be submitted on behalf of deceased or incapacitated Class Members only by Legally Authorized Representatives, with written evidence of authority.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Class Notice, which are appended hereto as Exhibit Exhibits 3 and Exhibit 4, respectively.
A. The Court finds that the proposed forms and the website referenced in the Settlement Class 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: members of the Settlement Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances, and directs that the Settlement Administrator shall, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesClass Notice, with such non- 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 who 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. BB&T Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision ofproviding, 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 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 Settlement Class Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person Person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Class Notice to be published on the Settlement Websitewebsite identified in the Class Notice.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to 1. For purposes of determining the Court proposed forms potential Settlement Class Members who will be recipients of Notices under this Settlement Notice(and their respective mailing and e- mail addresses), which are appended hereto as Exhibit 3 Defendants shall search and Exhibit 4, respectivelydetermine from its records and database(s) those Settlement Class Members who fall within the class definition and its class period.
A. The Court finds that 2. Defendants will pay all costs of effectuating and implementing the proposed forms class notice set forth herein, separate and the website referenced in the apart from payments made to Settlement Notice fairly and adequately:Class Members.
i. Describe the terms and effect 3. Within fourteen (14) days 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 Settlement Notice returned as undeliverablePreliminary Approval Order, the Settlement Administrator shall utilize send the provided social security number or other unique identifier Mail Notice to attempt each potential Settlement Class Member. Only one notice shall be required per insurance policy issued by Defendants on which a total loss has occurred. The Mail Notice will be sent to determine each potential Settlement Class Member for whom Defendants can reasonably ascertain mailing addresses from a review of its records, by first class mail, postage pre-paid, addressed to the current address potential Settlement Class Member’s last known address, if any, as shown by the records of Defendants. In the person and shall mail notice event that a Mail Notice to that a potential Settlement Class Member is returned as undelivered with a forwarding address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with promptly re-mail the Court a proof of timely compliance with Mail Notice to the foregoing requirementsforwarding address provided. No other search for other addresses shall be required.
E. The Court directs 4. For those Settlement Class CounselMembers to whom the Mail Notice was returned as undelivered with a forwarding address, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Administrator shall mail a second Mail Notice to the forwarding address provided. If no forwarding address is provided with returned mail, the Settlement Administrator shall not be published required to send a second Mail Notice.
5. All Notices shall contain a numeric or alphanumeric identifier that is unique to each potential Settlement Class Member.
6. The Settlement Administrator shall rent a Post Office Box for the purpose of receiving any requests for exclusion, any objections, notices of intention to appear, returned mail, or other correspondence related to this Settlement.
7. The Settlement Administrator shall maintain any Notices that are returned as undeliverable.
8. The Settlement Administrator shall post the Settlement Agreement and the Preliminary Approval Order on the Settlement Website. The Settlement Website shall be used for the purpose of submitting claims such that each Settlement Class Member may, using his or her unique numeric or alphanumeric identifier and an electronic signature, fill out and submit a Claim Form on the Settlement Website. Additionally, a Settlement Class Member may submit a Claim Form by U.S. Mail to the Settlement Administrator. The Parties shall mutually agree on the URL address for the website, which shall not include the name of Defendants and shall not contain any advertising or bear the logos or trademarks of Defendants. The Settlement Website may be amended from time to time as agreed to by the Parties, including to add any fee application and Final Approval Order. A link to the Settlement Website shall be included in the Notices. The Settlement Administrator shall maintain the website for at least 120 days after the Claims Submission Deadline, after which time the Settlement Website shall be removed.
9. The Settlement Administrator shall also create and make available to Settlement Class Members a toll-free number with recorded answers to frequently asked questions. The toll-free number shall be active through 120 days after the Claims Submission Deadline.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented 6. Esurance will pay all costs of effectuating and implementing the Class Notice set forth herein.
7. Esurance represents that it will timely produce to effectuate the deadlines herein, email addresses to the Court proposed forms of Settlement Notice, which extent that such addresses 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 its possession for the Settlement Class concerning Members.
8. Ninety (90) days after entry of the proposed Plan Preliminary Approval Order, Epiq shall initiate mailing of Allocation;the Mail Notice and Claim Form by first-class mail to each potential Settlement Class Member. The Claim Form will be detachable, return addressed, and shall be affixed with prepaid postage sufficient to mail back to the Settlement Administrator.
iii9. Notify The Mail Notice and Claim Form shall be in the same form as Exhibit 5. Claim Forms provided with the Mail Notice will be pre-filled with a unique Claimant ID, the potential Settlement Class Member Name, and the claim date of loss as set forth in Exhibit 5. Esurance will provide data to the Settlement Administrator to be used to enable Claim Forms and Electronic Claim Forms to be pre-filled with the Settlement Class that Class Counsel will seek compensation from Member Name and date of loss. The Claimant ID shall include 10 alpha-numeric characters in no particular order.
10. Prior to Mail Notice, the Settlement Fund Administrator shall run physical mailing addresses through the National Change of Address Database ("NCOA") for any addresses that Esurance does not have or are incomplete and/or for any addresses to which the Settlement Administrator knows to be invalid based on subsequent notice mailings that took place in this Action.
11. For each potential Settlement Class RepresentativesMember for whom Esurance provides an associated e-mail address, Attorneys’ Fees the Settlement Administrator shall send E-Mail Notice with the same Claimant ID as the Mail Notice and Costs;
iv. Notify with a hyperlink to the website “Make a Claim” page permitting the Settlement Class Member to access a pre-filled Electronic Claim Form with the Claimant ID. The E-Mail Notice shall occur on or about four (4) days after the Mail Notice and shall be in substantially the same form as Email Notice at Exhibit 6.
12. If any email is rejected, returned as undelivered, or the Settlement Administrator otherwise receives notice of a failure to transmit, the Settlement Administrator will apply its discretion to adjust wherever possible the settings or functionality, so as to increase the likelihood that Administrative Expenses related a subsequent email will successfully transmit.
13. The Settlement Administrator shall direct notice in the manner set out herein on each and every claim for which it has been provided Claims and Policy Data even if the Settlement Class Member has more than one claim. A Settlement Class Member who has more than one claim will receive multiple mail and email notice (notices for each claim).
14. The Settlement Administrator shall utilize best practices designed to avoid spam filters, blockers, or any tool designed to prevent receipt of emails, and to otherwise design and implement the sending of the email to increase the chance that the E-Mail Notice will be successfully received into the inbox of potential Settlement Class Members. E-Mail Notice must include the capability to click-through to the implementation website “Make a Claim” page.
15. The Settlement Administrator shall continue to maintain the website and post the Settlement Agreement, Mail Notice, Longform Notice, Claim Form, Electronic Claim Form, Preliminary Approval Order, and frequently asked questions. The website may be amended from time to time as agreed to by the Parties. The website shall also contain Spanish translations of the Mail Notice, Longform Notice, and Claim Form. The Settlement will Administrator shall maintain the website for at least 60 days after expiration of the Claims Submission Deadline.
16. The home page of the website shall reflect the case settlement and shall have a "Make A Claim" button permitting a Settlement Class Member to access a pre-filled Electronic Claim Form by providing a Claimant ID, with a method to submit the Electronic Claim Form with an electronic signature. The home page of the website also shall have a method to request that another copy of the paper Claim Form be paid from the Settlement Fund;
v. Give notice mailed or emailed to the Settlement Class of Member.
17. The website shall provide that a Settlement Class Member may submit a Claim Form without a Claimant ID by completing an Electronic Blank Claim Form by entering the time Settlement Class Member name and place of address, and either a policy number or claim number, and by signing and submitting the Fairness Hearing; andElectronic Blank Claim Form electronically.
vi18. Describe how the recipients of the Class If any Notice may object and/or Claim Form mailed to any of the relief requested and the rights of the Settling Parties potential Settlement Class Member is returned 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address will promptly log each Notice and/or Claim Form that is returned as undeliverable and provide copies of the person log to Esurance and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or upon request. If the mailing is returned to the Settlement Administrator with a forwarding address, the Settlement Administrator shall file forward the mailing to that address. For the remaining returned mailings, the Settlement Administrator will use reasonable efforts, including an Experian or equivalent search or skip tracing, to attempt to obtain a new address and those mailings shall be forwarded to any new address obtained through such a search. If any Notice is returned as undeliverable a second time, no further mailing shall be required. It is agreed by the Parties that the procedures set forth in the preceding Paragraph and this Paragraph constitute reasonable and the best practicable notice under the circumstances and an appropriate and sufficient effort to locate current addresses for Settlement Class Members such that no additional efforts to do so shall be required.
19. The Parties agree that the Longform Notice, without material alteration to Exhibit 4, shall be posted to the website as set forth below, and will be available upon request to Settlement Class Members.
20. The Notice and Claim Form will also be made available to all potential Settlement Class Members by request to the Settlement Administrator, who shall send via first-class U.S. mail any of these documents as requested by any potential Settlement Class Member. If a Claim ID is not available to the Settlement Administrator for the potential Settlement Class Member, the Settlement Administrator shall provide a Blank Claim Form to the requester with instruction that the Blank Claim Form must be mailed to the Settlement Administrator postmarked by the Claims Submission Deadline with the Court a proof of timely compliance with the foregoing requirementsSettlement Class Member name, policy number or claim number, address, and signature.
E. 21. The Court directs Settlement Administrator shall maintain a toll-free IVR telephone system containing recorded answers to frequently asked questions, along with an option permitting callers to punch through to a live operator. The recorded answers to frequently asked questions are to be agreed to by the Parties. In the event a Settlement Class CounselMember has a question that is not addressed by the Parties in the frequently asked questions, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice Administrator is to contact counsel for both Parties and a response will be agreed to by the Parties.
22. The Settlement Administrator shall rent a post office box to be published on used for receiving requests for exclusion, objections, notices of intention to appear, and any other settlement-related communications. Only the Settlement WebsiteAdministrator, the Court, the Clerk of the Court, and their designated agents shall have access to this post office box, except as otherwise expressly provided in this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 shall be provided to Class Members. The Parties believe and of agree that the Settlement;
ii. Notify following procedures for such notice provide 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 best practicable notice to the Settlement Class of the time Members.
a. The Claims Administrator shall be responsible for preparing, printing, and place of the Fairness Hearing; and
vi. Describe how the recipients mailing to all Class Members an individualized version of the Class Notice approved by the Court and any such other materials as may object be required to be distributed, including a Claim Form for individuals claiming to be Class Members who request such a Form, all as approved and directed by the Court.
b. Not later than ten (10) business days after the Court’s entry of an Order of Preliminary Approval, and to the greatest extent possible based on existing and obtainable information, Xxxxx shall provide to the Claims Administrator, in electronic form, a spreadsheet (the “Putative Class List”) that contains the name, telephone number, social security number, last known mailing address and email address, and starting and ending employment dates during the Class Period (including multiple starting and ending employment dates if applicable) of every Class Member, as updated to include the most current information obtained for all Miscalculated Wages Subclass members. Xxxxx shall meet and confer with the Claims Administrator regarding the format of said spreadsheet, and shall cooperate to provide any additional information the Claims Administrator may request that is reasonable and necessary for the purpose of giving Class Notice, allocating and distributing the Gross Fund Amount, and otherwise administering this Agreement. The Claims Administrator shall provide Class Counsel with a copy of the Putative Class List, but shall delete social security numbers before doing so. Prior to any class certification order, the information in the Putative Class List shall be treated as Highly Confidential pursuant to the stipulated protective order entered in the Action and may not be used for any purposes other than the administration of the relief requested Settlement as set forth in this Agreement.
c. Based on the information provided in the Putative Class List and the rights Plan of Allocation set forth herein, the Settling Parties Claims Administrator shall promptly calculate an Estimated Settlement Amount for every Class Member, to discovery concerning such objections.
B. The Settling Parties have proposed be included in the following manner of communicating individualized Notice to be sent to that Class Member, and shall prepare and email a spreadsheet setting forth those calculations to Class Counsel and Xxxxx’x counsel no fewer than two days before mailing the notice Class Notice to Class Members: .
d. Not later than ten (10) business days after receipt of the information described in subsection (b) above, the Claims Administrator shall mail the Class Notice to every individual on the Putative Class List whose address information is known. This mailing shall be sent by first-class U.S. mail, postage pre-paid. Before mailing the Class Notice, the Claims Administrator shall run the Putative Class Member addresses through the U.S. Postal Service’s Change of Address Database and update any addresses accordingly. Any returned envelopes from the initial mailing with forwarding addresses shall be used by the Claims Administrator to re-mail the Class Notice. Not later than (10) business days after receipt of the Putative Class List, the Claims Administrator shall also email a copy of the Class Notice to all Putative Class Members whose email addresses are known. The Claims Administrator will track and report all “bounce back” emails, but shall be under no obligation to search for different email addresses.
e. Except as otherwise provided herein, the Class Notice:
a. Shall state that the deadline for submitting any objection to the Settlement Administrator shall, by no later than or for opting out of the Settlement shall be sixty (60) calendar days after the postmark date of the initial mailing of Class Notice, and that for Class Members who are required to submit Claim Forms, the deadline for submitting a Claim Form shall be seventy-five (75) calendar days after such postmark date;
b. Shall state the recipient’s Estimated Settlement Amount, as calculated by the Claims Administrator;
c. Shall inform the recipient of the need to provide updated contact information to the Claims Administrator until such time as all settlement funds have been distributed;
d. Shall include a summary of the release and waiver of claims against the Released Parties, and shall inform the recipient that any Class Member who receives notice of the Settlement before the Fairness Hearingdeadline for opting out and who does not opt out shall be deemed to have released all covered claims against the Released Parties;
e. Shall explain that no Claim Form will be required from any individual on the Putative Class List to whom a Class Notice is sent unless the Class Notice sent by U.S. mail is returned to the Claims Administrator as undeliverable or addressee unknown, cause without forwarding information, and shall explain that a Class Member who receives an email version of the Class Notice but does not receive a hard copy of the Class Notice through the U.S. mail shall not be eligible to share in the settlement funds unless that individual submits a Claim Form to the Claims Administrator no later than seventy-five (75) calendar days after the postmark date of the Class Notices; and
f. Shall explain that a Class Member who is not identified on the Putative Class List or whose Class Notice sent by U.S. mail is returned to the Claims Administrator as undeliverable or addressee unknown without forwarding information shall not be eligible to share in the settlement funds unless that individual submits a Claim Form to the Claims Administrator no later than seventy-five (75) calendar days after the postmark date of the Class Notices.
g. The Claims Administrator shall send Claims Forms upon request to any individual who requests a Claim Form.
h. For any Class Notice that is returned by the post office with a forwarding address, the Claims Administrator shall forward the Class Notice to that new address within five (5) calendar days of receipt of the forwarding address, restarting the time period for the recipient to object to or opt out of the Settlement Notices, with such non- substantive modifications thereto as may be agreed upon from the postmark date of the new notice. For any Class Notice that is returned by the Settling Partiespost office as undeliverable or addressee unknown, the Claims Administrator shall perform a skip trace that shall
(1) processing the name and address through the United States Postal Service’s National Change of Address database; (2) performing address searches using such public and proprietary electronic resources as are available to the Claims Administrator that lawfully collect address data from various sources such as utility records, property tax records, motor vehicle registration records and credit bureaus; and (3) calling last-known telephone numbers (and telephone numbers updated through public and proprietary databases) to obtain accurate contact information. If the Claims Administrator is successful in locating an alternate subsequent address or addresses, the Claims Administrator shall forward such Class Notice to the new address(es) within ten (10) calendar days of receipt of the undeliverable notice, restarting the time period for objecting to or opting out of the Settlement from the postmark date of the new notice.
i. The Parties intend that reasonable means be sent by electronic mail used to maximize the probability that all Class Members shall receive the Class Notice and where appropriate, the Claim Form.
j. In addition to the foregoing, the Parties may, but are not obligated to, supplement the mailed Class Notice with reasonable alternative forms of notice, and may provide Claim Forms to Class Members for whom there are no known addresses but who seek to establish their eligibility to participate in this Settlement.
k. If a Claim Form, objection, or opt out form is timely submitted but is deficient in one or more aspects, the Settlement Claims Administrator is provided a current email address and mailedshall, by first-class mailwithin five (5) calendar days of receipt of the deficient form, postage prepaid, return the form to the last known address Class Member with a letter explaining the deficiencies and informing the Class Member that he or she shall have fourteen (14) calendar days from the date of the deficiency notice to correct the deficiencies and resubmit the Claim Form. This letter shall be provided in English and Spanish.
l. Any resubmitted Claim Form must be postmarked within fourteen (14) calendar days of the date of the deficiency notice to be considered timely, unless there is a showing of good cause for additional time. The Claims Administrator shall notify Class Counsel and Xxxxx’x counsel within five (5) calendar days of receipt of each member of the Settlement Class for whom there is no current email address that can be identified through commercially reasonable meansdeficient form. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Claims Administrator has no obligation to provide notice to the Settlement a Class in the manner described. Defendants shall cooperate Member 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 a second notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purposedeficiency.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of notice regarding the settlement for mailing to Class Members (“Settlement Notice, which are appended hereto as Exhibit 3 Notices”) and Exhibit 4, respectivelythe proposed Former Participant Claim Form to Former Participants.
A. The Court approves the text of the Settlement Notices and Former Participant Claim form, and finds that the proposed forms and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 Qualified Settlement Fund for the Attorneys’ Fees, Costs, Administrative Expenses, and Class Representatives, Attorneys’ Fees and CostsCompensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any of the relief requested and the rights of the Settling Parties to discovery concerning such objectionsAttorneys’ Fees, Costs, Administrative Expenses, or Class Representatives’ Compensation.
B. The Settling Parties have proposed Settlement Administrator shall send by first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Claim Form to each Former Participant within forty-five (45) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Agreement. Former participants must file a Former Participant Claim Form with the Settlement Administrator shall, by [a date no later than sixty ten (6010) calendar days before the Fairness Hearing, cause ] in order to be considered for a distribution pursuant to the Plan of Allocation.
C. On or before the date that notice is sent to the Settlement NoticesClass, 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 shall establish a Settlement Website and telephone support line as provided by the Settlement Agreement, and thereafter post a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each member copy 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 Notices on the Settlement Website.
D. Pursuant to Rules 23(c)(2) and (e) of the Federal Rules of Civil Procedure, the contents of the Settlement Notices and mailing the Settlement Notices constitutes the best notice practicable under the circumstances circumstances, provides due and directs that sufficient notice of the Settlement Administrator provide notice to Fairness Hearing and of the Settlement rights of all Class in the manner described. Defendants shall cooperate Members, and complies fully 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 requirements 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 purposeFed.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of notice regarding the settlement for mailing to Class Members (“Settlement Notice, which are appended hereto as Exhibit 3 Notices”) and Exhibit 4, respectivelythe proposed Former Participant Claim Form to Former Participants.
A. The Court approves the text of the Settlement Notices and Former Participant Claim form, and finds that the proposed forms and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 Qualified Settlement Fund for the Attorneys’ Fees, Costs, Administrative Expenses, and Class Representatives, Attorneys’ Fees and CostsCompensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any of the relief requested and the rights of the Settling Parties to discovery concerning such objectionsAttorneys’ Fees, Costs, Administrative Expenses, or Class Representatives’ Compensation.
B. The Settling Parties have proposed Settlement Administrator shall send by first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Claim Form to each Former Participant within forty-five (45) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Agreement. Former participants must file a Former Participant Claim Form with the Settlement Administrator shall, by [a date no later than sixty ten (6010) calendar days before the Fairness Hearing, cause ] in order to be considered for a distribution pursuant to the Plan of Allocation.
C. On or before the date that notice is sent to the Settlement NoticesClass, 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 shall establish a Settlement Website and telephone support line as provided by the Settlement Agreement, and thereafter post a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each member copy 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 Notices on the Settlement Website.
D. Pursuant to Rules 23(c)(2) and (e) of the Federal Rules of Civil Procedure, the contents of the Settlement Notices and mailing the Settlement Notices constitutes the best notice practicable under the circumstances circumstances, provides due and directs that sufficient notice of the Settlement Administrator provide notice to Fairness Hearing and of the Settlement rights of all Class in the manner described. Defendants shall cooperate Members, and complies fully 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 requirements of members of the Settlement ClassFed. 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.R.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented 8. Allstate will pay all costs of effectuating and implementing the Class Notice set forth herein.
9. Allstate represents that it will timely produce to effectuate the deadlines herein, email addresses to the Court proposed forms of Settlement Notice, which extent that such addresses 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 its possession for the Settlement Class concerning Members.
10. Sixty (60) days after entry of the proposed Plan Preliminary Approval Order, Epiq shall initiate mailing of Allocation;the Mail Notice and Claim Form by first-class mail to each potential Settlement Class Member. The Claim Form will be detachable, return addressed, and shall be affixed with prepaid postage sufficient to mail back to the Settlement Administrator.
iii11. Notify The Mail Notice and Claim Form shall be in the same form as Exhibit 5. Claim Forms provided with the Mail Notice will be pre-filled with a unique Claimant ID, the potential Settlement Class Member Name, and the claim date of loss as set forth in Exhibit 5. Allstate will provide data to the Settlement Administrator to be used to enable Claim Forms and Electronic Claim Forms to be pre-filled with the Settlement Class that Class Counsel will seek compensation from Member Name and date of loss. The Claimant ID shall include 10 alpha-numeric characters in no particular order.
12. Prior to Mail Notice, the Settlement Fund Administrator shall run physical mailing addresses through the National Change of Address Database ("NCOA") for any addresses that Allstate does not have or are incomplete and/or for any addresses to which the Settlement Administrator knows to be invalid based on subsequent notice mailings that took place in this Action.
13. For each potential Settlement Class RepresentativesMember for whom Allstate provides an associated e-mail address, Attorneys’ Fees the Settlement Administrator shall send E-Mail Notice with the same Claimant ID as the Mail Notice and Costs;
iv. Notify with a hyperlink to the website “Make a Claim” page permitting the Settlement Class that Administrative Expenses related Member to access a pre-filled Electronic Claim Form with the Claimant ID. The first E-Mail Notice shall occur on or about four (4) days after the Mail Notice and shall be in substantially the same form as Email Notice Form No. 1 at Exhibit 6.
14. The Settlement Administrator shall send a second E-Mail Notice with the same Claimant ID as the first email and with a hyperlink to the implementation website “Make a Claim” page permitting the Settlement Class Member to access a pre-filled Electronic Claim Form with the Claimant ID. The Settlement Administrator shall not send the second E-Mail Notice on any claim for which the Settlement Administrator knows that it already has received a claim form, objection, or opt-out. The second E-Mail shall be sent on or about twenty-two (22) days after the Mail Notice and shall be in substantially the same form as the Email Notice Form No. 2 at Exhibit 7.
15. The Settlement Administrator shall send a third E-Mail Notice with the same Claimant ID as the first and second emails with a hyperlink to the “Make a Claim” page permitting the Settlement Class Member to access a pre-filled Electronic Claim Form with the Claimant ID. The Settlement Administrator shall not send the second E-Mail Notice on any claim for which the Settlement Administrator knows that it already has received a claim form, objection, or opt-out. The third E--Mail shall be sent on or about 40 days after the Mail Notice date and shall be in substantially the same form as the Email Notice Form No. 3 at Exhibit 8.
16. The Settlement Administrator shall send the three separate emails even if none of the emails is rejected or returned as undelivered or otherwise fail to transmit. If any email is rejected, returned as undelivered, or the Settlement Administrator otherwise receives notice of a failure to transmit, the Settlement Administrator will apply its discretion to adjust wherever possible the settings or functionality, so as to increase the likelihood that a subsequent email will successfully transmit.
17. The Settlement Administrator shall direct notice in the manner set out herein on each and every claim for which it has been provided Claims and Policy Data even if the Settlement Class Member has more than one claim. A Settlement Class Member who has more than one claim will receive multiple mail and email notices (notices for each claim).
18. The Settlement Administrator shall utilize best practices designed to avoid spam filters, blockers, or any tool designed to prevent receipt of emails, and to otherwise design and implement the sending of the email to increase the chance that the E-Mail Notice will be paid from successfully received into the inbox of potential Settlement Class Members. All E-Mail Notices must include the capability to click-through to the website “Make a Claim” page.
19. The Settlement Administrator shall continue to maintain the website and post the Settlement Fund;Agreement, Mail Notice, Longform Notice, Claim Form, Electronic Claim Form, Preliminary Approval Order, and frequently asked questions. The website may be amended from time to time as agreed to by the Parties. The website shall also contain Spanish translations of the Mail Notice, Longform Notice, and Claim Form. The Settlement Administrator shall maintain the website for at least 60 days after expiration of the Claims Submission Deadline.
v. Give notice 20. The home page of the website shall reflect the case settlement and shall have a "Make A Claim" button permitting a Settlement Class Member to access a pre-filled Electronic Claim Form by providing a Claimant ID, with a method to submit the Electronic Claim Form with an electronic signature. The home page of the website also shall have a method to request that another copy of the paper Claim Form be mailed or emailed to the Settlement Class of Member.
21. The website shall provide that a Settlement Class Member may submit a Claim Form without a Claimant ID by completing an Electronic Blank Claim Form by entering the time Settlement Class Member name and place of address, and either a policy number or claim number, , and by signing and submitting the Fairness Hearing; andElectronic Blank Claim Form electronically.
vi22. Describe how the recipients of the Class If any Notice may object and/or Claim Form mailed to any of the relief requested and the rights of the Settling Parties potential Settlement Class Member is returned 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address will promptly log each Notice and/or Claim Form that is returned as undeliverable and provide copies of the person log to Allstate and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or upon request. If the mailing is returned to the Settlement Administrator with a forwarding address, the Settlement Administrator shall file forward the mailing to that address. For the remaining returned mailings, the Settlement Administrator will use reasonable efforts, including an Experian or equivalent search or skip tracing, to attempt to obtain a new address and those mailings shall be forwarded to any new address obtained through such a search. If any Notice is returned as undeliverable a second time, no further mailing shall be required. It is agreed by the Parties that the procedures set forth in the preceding Paragraph and this Paragraph constitute reasonable and the best practicable notice under the circumstances and an appropriate and sufficient effort to locate current addresses for Settlement Class Members such that no additional efforts to do so shall be required.
23. The Parties agree that the Longform Notice, without material alteration to Exhibit 4, shall be posted to the website as set forth below, and will be available upon request to Settlement Class Members.
24. The Notice and Claim Form will also be made available to all potential Settlement Class Members by request to the Settlement Administrator, who shall send via first-class U.S. mail any of these documents as requested by any potential Settlement Class Member. If a Claim ID is not available to the Settlement Administrator for the potential Settlement Class Member, the Settlement Administrator shall provide a Blank Claim Form to the requester with instruction that the Blank Claim Form must be mailed to the Settlement Administrator postmarked by the Claims Submission Deadline with the Court a proof of timely compliance with the foregoing requirementsSettlement Class Member name, policy number or claim number, address, and signature.
E. 25. The Court directs Settlement Administrator shall maintain a toll-free IVR telephone system containing recorded answers to frequently asked questions, along with an option permitting callers to punch through to a live operator. The recorded answers to frequently asked questions are to be agreed to by the Parties. In the event a Settlement Class CounselMember has a question that is not addressed by the Parties in the frequently asked questions, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice Administrator is to contact counsel for both Parties and a response will be agreed to by the Parties.
26. The Settlement Administrator shall rent a post office box to be published on used for receiving requests for exclusion, objections, notices of intention to appear, and any other settlement-related communications. Only the Settlement WebsiteAdministrator, the Court, the Clerk of the Court, and their designated agents shall have access to this post office box, except as otherwise expressly provided in this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Class Notice, which are appended hereto as Exhibit 3 Exhibits 1 and Exhibit 42, respectively.
A. The Court finds that the proposed forms and the website referenced in the Settlement Class 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: members of the Settlement Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances, and directs that the Settlement Administrator shall, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesClass Notice, with such non- 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 who 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 ofproviding, 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 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 Settlement Class Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person Person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) 60 days before the Fairness Hearing, to cause the Settlement Class Notice to be published on the Settlement Websitewebsite identified in the Class Notice.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling 1. For purposes of determining the potential Settlement Class Members who will be recipients of Notices under this Settlement (and their respective mailing and e- mail addresses), the Parties have presented shall use the lists of Persons provided by PGAC to the Court proposed forms of Settlement NoticeClass Counsel on or about May 12 and May 31, which are appended hereto as Exhibit 3 and Exhibit 4, respectively2022.
A. The Court finds that 2. PGAC will pay all costs of effectuating and implementing the proposed forms class notice set forth herein, separate and the website referenced in the apart from payments made to Settlement Notice fairly and adequately:Class Members.
i. Describe the terms and effect 3. Within thirty (30) days 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 Settlement Notice returned as undeliverablePreliminary Approval Order, the Settlement Administrator shall utilize send the provided social security number or other unique identifier Initial Mail Notice to attempt each potential Settlement Class Member. The Initial Mail Notice will be sent to determine each potential Settlement Class Member for whom PGAC can reasonably ascertain mailing addresses from a review of its records, by first class mail, postage pre-paid, addressed to the current address potential Settlement Class Member’s last known address, if any, as shown by the records of PGAC. In the person and shall mail notice event that an Initial Mail Notice to that a potential Settlement Class Member is returned as undelivered with a forwarding address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with promptly re-mail the Court a proof of timely compliance with Initial Mail Notice to the foregoing requirementsforwarding address provided. No other search for other addresses shall be required.
E. 4. On the same date on which the Settlement Administrator sends the Initial Mail Notice, the Settlement Administrator shall also send a notice (containing substantially the same information and substance of the Initial Mail Notice) by electronic mail to those insureds who have previously enrolled to receive communications from PGAC by electronic mail (the “Initial E-Mail Notice”) and whose e-mail address is reasonably ascertainable from PGAC’s records. No other search for other addresses shall be required.
5. Thirty (30) days after the date of mailing of the Initial Mail Notice, the Settlement Administrator will send a second mailed noticed (the “Second Mail Notice”) to Settlement Class Members at the same address to which the Initial Mail Notice was sent. The Court directs Second Mail Notice shall contain substantially the same information as the Initial Mail Notice. For those Settlement Class CounselMembers as to whom the Initial Mail Notice was returned as undelivered with a forwarding address within thirty (30) days after the mailing of the Initial Mail Notice, the Settlement Administrator shall mail the Second Mail Notice to the forwarding address provided. If no forwarding address is provided with returned mail, the Settlement Administrator shall not be required to send a Second Mail Notice. The Settlement Administrator shall not be required to send a Second Mail Notice to those Settlement Class Members who have already submitted a claim or who have excluded themselves from the Settlement Class by the time that the Second Mail Notices are due to be sent.
6. On the same date on which the Settlement Administrator sends the Second Mail Notice, the Settlement Administrator shall also send a notice (containing substantially the same information and substance of the Second Mail Notice) by electronic mail to those insureds who have previously enrolled to receive communications from PGAC by electronic mail (the “Second E-Mail Notice”).
7. All Notices shall contain a numeric or alphanumeric identifier that is unique to each potential Settlement Class Member.
8. The Settlement Administrator shall rent a Post Office Box for the purpose of receiving any requests for exclusion, any objections, notices of intention to appear, returned mail, or other correspondence related to this Settlement.
9. The Settlement Administrator shall maintain any Notices that are returned as undeliverable.
10. Upon the sending of the Second Mail Notice and Second E-Mail Notice, no later than sixty (60) days before the Fairness Hearing, to cause further notice regarding this Settlement shall be required.
11. The Settlement Administrator shall post the Settlement Notice to be published Agreement and the Preliminary Approval Order on the Settlement Website. The Settlement Website shall be used for the purpose of submitting claims such that each Settlement Class Member may, using his or her unique numeric or alphanumeric identifier and an electronic signature, fill out and submit a Claim Form on the Settlement Website. Additionally, a Settlement Class Member may submit a Claim Form by U.S. Mail to the Settlement Administrator. The Parties shall mutually agree on the URL address for the website, which shall not include the name of PGAC and shall not contain any advertising or bear the logos or trademarks of PGAC. The Settlement Website may be amended from time to time as agreed to by the Parties, including to add any fee application and Final Approval Order. A link to the Settlement Website shall be included in the Notices. The Settlement Administrator shall maintain the website for at least 180 days after the Claims Submission Deadline, after which time the Settlement Website shall be removed.
12. The Settlement Administrator shall also create and make available to Settlement Class Members a toll-free number with recorded answers to frequently asked questions. The toll-free number shall be active through 180 days after the Claims Submission Deadline.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court the Settlement Notices, which are the proposed forms of notice regarding the Settlement for mailing to Class Members.
a. The Court approves the text of the Settlement Notices (the Short Form Settlement Notice and the Long Form 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 content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Compensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation.
b. Under Rules 23(c)(2) and (e) of the relief requested Federal Rules of Civil Procedure, the contents of the Settlement Notices constitute the best notice practicable under the circumstances, provides due and sufficient notice of the Fairness Hearing and of the rights of all Class Members, and complies fully with the Settling Parties to discovery concerning such objectionsrequirements of Federal Rule of Civil Procedure 23 and due process.
B. The Settling Parties have proposed c. Within forty-five (45) calendar days of the following manner of communicating the notice to Class Members: Preliminary Approval Order, the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, shall cause the Settlement Notices, with such non- substantive modifications thereto as may be agreed upon by the Settling Parties, to be mailed to each Class Member a Short Form Settlement Notice to Current Participants and Former Participants. The Short Form Settlement Notice shall 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 Class Member provided by the Settlement Class for whom there Plan’s recordkeeper (or its designee), unless an updated address 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 obtained by the Settlement Administrator provide notice through its efforts to verify the last known addresses provided by the Plan’s recordkeeper (or its designee).
d. On or before the date that Short Form Settlement Notices are sent 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize establish a Settlement Website as provided by the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Agreement. The Settlement Administrator shall file with post a copy of the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Long Form Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to a. If the Court proposed forms preliminarily approves this Agreement and sets a date for a final approval hearing, the parties will thereafter cooperate in implementing a notice plan reasonably designed to ensure that Class Members receive notice of Settlement Noticethis Agreement. This notice plan will include, 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 adequatelyat a minimum:
i. Describe Posting by Defendant of signage, agreed upon by both parties, in intake rooms, holding cells, and near telephones in the terms common areas of housing units, of all CBP and effect ICE facilities within the geographical definition of the Settlement class where Class Members may be held, for the period between any preliminary approval of this Agreement and of the Settlementfinal approval hearing;
ii. Notify Such signage shall be in in the Settlement following 5 languages: English, Spanish, Arabic, Russian, and Mandarin. The signage shall contain plain language informing Class concerning Members of the proposed Plan terms of Allocationthis Agreement mutually agreed upon by the Parties, and shall provide a phone number that Class Members can call to reach class counsel free of charge to discuss this Agreement;
iii. Notify Such signage shall contain the Settlement date of the final approval hearing as well as detailed instructions for how a Class Member can file objections to the Agreement with the Court from within ICE or CBP custody. The instructions shall explain that any objections filed by Class Counsel will seek compensation from Members must contain the Settlement Fund name and booking number of the objecting Class Member, as well as a clear statement of each objection and any legal or factual support for the objection(s) made. The instructions shall explain that objections shall be deemed delivered on the date the Class Representatives, Attorneys’ Fees and CostsMember delivers the objection to a member of Defendant’s staff or subcontractor’s staff to be placed in the mail;
iv. Notify the Settlement Class that Administrative Expenses related to the implementation Copies of the Settlement Agreement will be paid from available for review at the Settlement Fund;
v. Give notice to the Settlement Class of the time guard desk in each housing unit in OMDC 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 objectionsIRDF.
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 b. Nothing in the manner described. Defendants this paragraph or this Agreement 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 prevent Plaintiffs’ counsel from further disseminating notice of this settlement and as required for purposes Agreement through other methods reasonably calculated to ensure Class Members receive adequate notice.
c. Prior to any final approval hearing regarding this Agreement, Defendants shall provide declarations to the Court confirming the posting of tax withholding and reportingsignage referenced in this provision, and for no other purpose.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator Plaintiffs’ counsel shall utilize the provided social security number or other unique identifier provide a declaration to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof detailing additional efforts, if any, they have undertaken to ensure Class Members are aware of timely compliance with the foregoing requirementsthis Agreement.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. 1. The Settling Parties have presented agree to request approval of the Court proposed forms form of Settlement Notice, which are appended notice attached hereto as Exhibit 3 and Exhibit 4, respectivelyA. The fact that the Court may require changes in the form of notice does not invalidate this Settlement Agreement if the changes do not materially affect the substance of the Settlement Agreement.
A. The Court finds that 2. Subject to the proposed forms and the website referenced in Superior Court’s approval, Notice of the Settlement Notice fairly and adequatelyshall be provided using the following procedures:
i. Describe the terms and effect a. Within ten (10) days after Preliminary Approval of the Settlement Agreement and of by the Settlement;
ii. Notify Superior Court, Defendants shall provide 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 following information to the Settlement Administrator for each 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 MembersMember in MS Excel format: the Settlement Administrator shallname, 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 mailing address, last known 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 ofaddress, in electronic format, the names, addresses, email addresses (to the extent available)last known telephone number, and social security numbers or other unique identifiers of members of the Settlement Classnumber. The names, addresses, email addresses No later than fourteen (to the extent available), and social security numbers or other unique identifiers obtained pursuant to 14) days after receiving 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 Settlement Notice returned as undeliverableinformation, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail issue notice to all Class Members in the form and manner approved by the Court. The date on which this notice is sent shall be deemed the “Initial Mailing Date.”
b. The Notice shall provide that addresseach Class Member need not take any action in order to receive a Settlement Award.
D. At c. The Notice shall also provide that Class Members may exclude themselves from the Settlement by submitting a written request which must be postmarked or before received by the Fairness Hearing, Settlement Administrator by the Notice Deadline.
d. The Notice shall also inform Class Members that the Settlement Awards they stand to receive will be paid out in at least two installments and may take up to two years or more to be paid in full.
e. Class Counsel or shall also maintain a website with Notice, key documents (e.g., Plaintiffs’ Second Amended Class Action Complaint, Defendants’ Answer, and the Court’s Order granting class certification) and other relevant information.
3. No later than thirty‐five (35) days after the Initial Mailing Date, the Settlement Administrator shall file with the Court a proof notify Defendants and Class Counsel of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause all individuals who have submitted valid exclusion requests. If the Settlement Notice Administrator receives an objection to be published on the Settlement Websitefrom any Class Member, the Settlement Administrator shall notify Defendants and Class Counsel about the objection within two (2) business days of receiving the objection.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Class Notice, which are appended hereto as Exhibit 3 Exhibits 1 and Exhibit 42, respectively.
A. The Court finds that the proposed forms and the website referenced in the Settlement Class 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 objectionsrequested.
B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: members of the Settlement Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances, and directs that the Settlement Administrator shall, shall by no later than sixty (60) 60 days before the Fairness Hearing, cause the Settlement NoticesClass Notice, with such non- 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 who 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 ofproviding, 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 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 Settlement Class Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person Person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) 60 days before the Fairness Hearing, to cause the Settlement Class Notice to be published on the Settlement Websitewebsite identified in the Class Notice.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court the Settlement Notices, which are the proposed forms of notice regarding the Settlement Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectivelyfor mailing to Class Members.
A. The Court approves the text of the Settlement Notices and finds that the proposed forms and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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, Administrative Expenses, and Class Representative Compensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation.
B. Pursuant to Rules 23(c)(2) and (e) of the relief requested Federal Rules of Civil Procedure, the contents of the Settlement Notices constitutes sufficient notice under the circumstances, provides due and sufficient notice of the Fairness Hearing and of the rights of all Class Members, and complies fully with the Settling Parties to discovery concerning such objectionsrequirements of Federal Rule of Civil Procedure 23, the Constitution of the United States, and any other applicable law.
B. C. The Settling Parties have proposed Settlement Administrator or Costco Wholesale Corporation or its agent shall send by first class mail and/or electronic-mail the following manner appropriate Settlement Notice to each Class Member within forty-five (45) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Administrator shallAgreement, based on data provided by no later than sixty (60) days before the Fairness HearingPlans’ recordkeeper. If mailed using regular mail, cause the Settlement Notices, with such non- substantive modifications thereto as may Notice shall 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, mailed by first-class mail, postage prepaid,. Alternatively, the Notice may be e-mailed to the last known address contact information of each member Class Member provided by the Plans’ recordkeeper (or its designee), unless an updated address is obtained by the Settlement Administrator through its efforts to verify the last known addresses provided by the Plans’ recordkeeper (or its designee). With respect to Former Participants, the Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice is returned and re-mail such documents one additional time. For Class Members who are Current Participants, distribution of the Settlement Class for whom there is no current email address that can Notice may be identified through commercially reasonable means. The Court finds that such proposed manner is made in combination with routine, scheduled communications by the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class in the manner described. Plan.
D. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision ofproviding, 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 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 E. The Court approves the form of the Claim Form attached as Exhibit 6 to the Settlement Notice returned Agreement. The Claim Forms of Former Participants (or Current Participants who cease to have a Plan account as undeliverableof the Settlement Effective Date) must be received by the Settlement Administrator with a postmark date no later than the date indicated on the claim form.
F. On or before the date that Settlement Notices are sent to the Settlement Class, the Settlement Administrator shall utilize establish a Settlement Website and telephone support line as provided by the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Agreement. The Settlement Administrator shall file with the Court post a proof copy of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published Notices on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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;
ii1. 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 Within sixty (60) days before of the Fairness Hearingexecution of this Agreement, cause or within fourteen (14) days of entry of the Preliminary Approval, whichever time period is xxxxxxx, Xxxxxx will provide the Claims Administrator a list from then-available records of Office of Enrollment Management that includes, where available, the names and last known email and postal addresses of each 2 The Class List will be provided to the Claims Administrator for the sole purpose of the Claims Administrator performing its obligations pursuant to the Agreement, and shall not be used by any individual or entity other than Xxxxxx for any other purpose at any time.
2. Within thirty (30) days of entry of the Preliminary Approval, or such other time period as the Court orders, the Claims Administrator shall send the Short Form Notice by email to persons listed on the Class List. If an email address is not available for a Settlement Class Member, the Claims Administrator shall send the Short Form Notice within the same timeframe by regular mail .
3. The Short Form Notice shall advise Settlement Class Members of their rights under the Agreement, including the right to be excluded from and to object to the Agreement. The Short Form Notice shall also inform Settlement Class Members that they can access the Long Form Notice on the Settlement NoticesWebsite, with such non- substantive modifications thereto as may be which Long Form Notice shall advise the Settlement Class Members of the procedure for requesting exclusion from the Agreement pursuant to Section V and for objecting to the Agreement pursuant to Section VI.
4. No later than ten (10) days after entry of the Preliminary Approval, and before issuance of the Short Form Notice, the Claims Administrator shall establish the Settlement Website. The Settlement Website will enable Settlement Class Members to provide an updated mailing address to receive a paper check or to elect to receive their Settlement Benefit via Venmo or a pre-paid Visa card. The Settlement Website shall at a minimum include, in downloadable format, (i) the Long Form Notice; (ii) the Preliminary Approval; (iii) the Agreement (other than the In Camera Supplement), including all of its exhibits; and (iv) any other materials agreed upon by the Settling Parties and/or required by the Court.
5. If the Notice described in the preceding paragraph 4 does not achieve a minimum level of 70% reach, or is not approved by the Court as complying with all Due Process requirements, the Parties, in conjunction with the Claims Administrator, shall develop and seek approval by the Court of such supplemental notice as is necessary to achieve a minimum level of 70% reach or satisfy the Court that all Due Process requirements are satisfied. Such additional notice, if necessary, shall be sent by electronic mail to all Class Members for whom funded from the Settlement Administrator is Fund with no additional financial contribution by Xxxxxx.
6. Notice required by the Class Action Fairness Act, 28 U.S.C. § 1715, will be provided a current email address and mailed, by first-class mail, postage prepaid, to the last known address appropriate federal and state officials by the Claims Administrator on behalf 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 purposeXxxxxx.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of notice regarding the Settlement Notice, which are appended hereto as Exhibit 3 for mailing to Class Members (“Settlement Notices”) and Exhibit 4, respectivelythe appropriate proposed Former Participant Claim Form to Former Participants.
A. The Court approves the text of the Settlement Notices and Former Participant Claim Forms, and finds that the proposed forms and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees Fees, Costs, Administrative Expenses, and CostsClass Representative Compensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any requested Attorneys’ Fees, Costs, Administrative Expenses, or Class Representative Compensation.
B. Pursuant to Rules 23(c)(2) and (e) of the relief requested Federal Rules of Civil Procedure, the contents of the Settlement Notices and mailing the Settlement Notices constitutes the best notice practicable under the circumstances, provides due and sufficient notice of the Fairness Hearing and of the rights of all Class Members, and complies fully with the Settling Parties to discovery concerning such objectionsrequirements of Federal Rule of Civil Procedure 23 and due process.
B. C. The Settling Parties have proposed Settlement Administrator shall send by first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Claim Form to each Former Participant within forty-five (45) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Administrator shallAgreement, 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 based on data provided by the Settling Parties, to Plans’ recordkeeper. The Settlement Notices shall be sent by electronic mail to all Class Members for whom the Settlement Administrator is provided a current email address and mailed, mailed by first-class mail, postage prepaidpaid, to the last known address of each member of Class Member provided by the Settlement Class for whom there Plans’ recordkeeper (or its designee), unless an updated address 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 obtained by the Settlement Administrator provide notice through its efforts to verify the last known addresses provided by the Plans’ recordkeeper (or its designee). The Settlement Administrator shall use commercially reasonable efforts to locate any Class in the manner described. Defendants shall cooperate Member whose Settlement Notice is returned and re-mail such documents one additional time.
D. Former participants must file a Former Participant Claim Form with the Settlement Administrator by providing or facilitating the provision ofFebruary 8, 2021 in electronic format, the names, addresses, email addresses (order to be considered for a distribution pursuant to the extent available), and social security numbers Plan of Allocation.
E. On or other unique identifiers of members of before the date that Settlement Notices are sent to 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize establish a Settlement Website and telephone support line as provided by the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Agreement. The Settlement Administrator shall file with the Court post a proof copy of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published Notices on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of notice regarding the Settlement Notice, which are appended hereto as Exhibit 3 for mailing to Class Members (“Settlement Notices”) and Exhibit 4, respectivelythe proposed Former Participant Claim Form to Former Participants.
A. The Court finds that the proposed forms Settlement Notices and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 disbursements from the Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any of the relief requested Attorneys’ Fees and the rights of the Settling Parties to discovery concerning such objectionsCosts, Administrative Expenses, or Class Representatives’ Compensation.
B. The Settling Parties have proposed Settlement Administrator shall send by first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Claim Form to each Former Participant within thirty-five (35) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Agreement, based on data provided by NRECA as the Plan’s recordkeeper. Former participants must file a Former Participant Claim Form with the Settlement Administrator shall, by [a date no later than sixty ten (6010) calendar days before the Fairness Hearing, cause ] in order to be considered for a distribution pursuant to the Plan of Allocation.
C. On or before the date that notice is sent to the Settlement NoticesClass, 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 shall establish a Settlement Website and telephone support line as provided a current email address by the Settlement Agreement.
X. Xxxxxxxx to Rules 23(c)(2) and mailed(e) of the Federal Rules of Civil Procedure, by first-class mail, postage prepaid, to the last known address of each member contents 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 Notices and mailing the Settlement Notices constitute the best notice practicable under the circumstances circumstances, provide due and directs that sufficient notice of the Settlement Administrator provide notice to Fairness Hearing and of the Settlement rights of all Class in the manner described. Defendants shall cooperate Members, and comply fully with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available), requirements of Federal Rule of Civil Procedure 23 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 purposedue process.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto to the Settlement Agreement 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 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 Final 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 Final Fairness Hearing, cause the Settlement Notices, with such non- 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, means or by first-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 meansClass. 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. The Centerra 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 identifiers, and quarterly account balances in the Plan by fund for each member of the Settlement Class from July 1, 2016, until January 1, 2019, and monthly account balances in the Constellis 401(k) Plan as of January 31, 2024, for each Current Participant in the 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 Settlement and as required for purposes of tax withholding and reporting, and for no other purpose.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Final Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Final Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of notice regarding the Settlement Notice, which are appended hereto as Exhibit 3 for mailing to Class Members (“Settlement Notices”) and Exhibit 4, respectivelythe proposed Former Participant Claim Form to Former Participants.
A. The Court finds that the proposed forms Settlement Notices and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 disbursements from the Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any of the relief requested Attorneys’ Fees and the rights of the Settling Parties to discovery concerning such objectionsCosts, Administrative Expenses, or Class Representatives’ Compensation.
B. The Settling Parties have proposed Settlement Administrator shall send by first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Claim Form to each Former Participant within thirty-five (35) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Agreement, based on data provided by NRECA as the Plan’s recordkeeper. Former participants must file a Former Participant Claim Form with the Settlement Administrator shall, by [a date no later than sixty ten (6010) calendar days before the Fairness Hearing, cause ] in order to be considered for a distribution pursuant to the Plan of Allocation.
C. On or before the date that notice is sent to the Settlement NoticesClass, 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 shall establish a Settlement Website and telephone support line as provided a current email address by the Settlement Agreement.
D. Pursuant to Rules 23(c)(2) and mailed(e) of the Federal Rules of Civil Procedure, by first-class mail, postage prepaid, to the last known address of each member contents 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 Notices and mailing the Settlement Notices constitute the best notice practicable under the circumstances circumstances, provide due and directs that sufficient notice of the Settlement Administrator provide notice to Fairness Hearing and of the Settlement rights of all Class in the manner described. Defendants shall cooperate Members, and comply fully with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available), requirements of Federal Rule of Civil Procedure 23 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 purposedue process.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented A proposed form of Class Notice is attached to the Court proposed forms Settlement Agreement as Exhibit A. With respect to such form of Settlement Class Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectively.
A. The the Court finds that the proposed forms and the website referenced in the Settlement Notice such form fairly and adequately:
i. Describe : (a) describes 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 Agreement; (b) notifies the Settlement Class that Class Counsel Counsel’s attorneys’ fees and expenses, and Named Plaintiff’s Case Contribution Award, will seek compensation from be determined in the Settlement Fund for sole discretion of the Class Representatives, Attorneys’ Fees Court and Costs;
iv. Notify the Settlement Class that Administrative Expenses related paid according to the implementation Section 8 of the Settlement will be paid from the Settlement Fund;
v. Give Agreement; (c) gives notice to the Settlement Class of the time and place of the Fairness Hearing; and
vi. Describe and (d) describes 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.requested. The Court directs that Class Counsel shall:
B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: the Settlement Administrator shall, by a) By no later than sixty seventy-five (6075) days before the Fairness Hearing, cause the Class Notice, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be sent to each Person within the Settlement Class who can be identified by the Plan’s current recordkeeper. Such notice shall be in a form that the Parties have deemed to be cost effective and sent to the last known address for members of the Settlement Class. Defendants will pay the cost for sending notice to the Settlement Class as part of the settlement administration.
b) By no later than seventy-five (75) days before the Fairness Hearing, cause the Settlement Notices, with such non- substantive modifications thereto as may be agreed upon by Agreement and the Settling Parties, Class Notice to be sent by electronic mail to all Class Members for whom published on 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 website 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 purposeClass Notice.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. c) At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing Class Notice mailing and publication requirements.
E. The Court directs Class Counsel, d) By no later than sixty thirty (6030) days before the Fairness Hearing, Class Counsel shall file a motion for final approval of the Settlement. Class Counsel shall file any Motion for Attorneys’ Fees, Costs and Expenses, together with any request for a Case Contribution Award to cause Plaintiff, within thirty (30) days of the Settlement Notice to be published on the Settlement WebsiteCourt’s Final Approval Order.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of notice regarding the settlement for mailing to Class Members (“Settlement Notice, which are appended hereto as Exhibit 3 Notices”) and Exhibit 4, respectivelythe proposed Former Participant Claim Form to Former Participants.
A. The Court finds that the proposed forms and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation;
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 Class Members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any of the relief requested Attorneys’ Fees and the rights of the Settling Parties to discovery concerning such objectionsCosts, Administrative Expenses, or Class Representatives’ Compensation.
B. The Settling Parties have proposed Settlement Administrator shall send by first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Claim Form to each Former Participant within forty-five (45) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Agreement. Former participants must file a Former Participant Claim Form with the Settlement Administrator shall, by [a date no later than sixty ten (6010) calendar days before the Fairness Hearing, cause ] in order to be considered for a distribution pursuant to the Plan of Allocation.
C. On or before the date that notice is sent to the Settlement NoticesClass, 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 shall establish a Settlement Website and telephone support line as provided a current email address by the Settlement Agreement.
X. Xxxxxxxx to Rules 23(c)(2) and mailed(e) of the Federal Rules of Civil Procedure, by first-class mail, postage prepaid, to the last known address of each member contents 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 Notices and mailing the Settlement Notices constitutes the best notice practicable under the circumstances circumstances, provides due and directs that sufficient notice of the Settlement Administrator provide notice to Fairness Hearing and of the Settlement rights of all Class in the manner described. Defendants shall cooperate Members, and complies fully 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 requirements 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 purposeFed.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice.
6. The Settling Parties have presented Defendant will pay all costs of effectuating and implementing the class notice set forth herein, separate and apart from payments made to the Court proposed forms of Settlement Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectivelyClass Members.
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 7. Within thirty (30) days 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 RepresentativesPreliminary Approval Order, 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 shall send the Fairness Hearing, cause the Settlement Notices, with such non- substantive modifications thereto as may be agreed upon by the Settling Parties, to Shortform Notice and a Claim Form for each Covered Total Loss Claim. The Shortform Notice and Claim Form shall 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, mail to each potential Settlement Class Member. The Claim Form will be return-addressed and shall be affixed with prepaid postage prepaid, sufficient to mail back 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 meansAdministrator. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that Prior to mailing, the Settlement Administrator provide notice shall run physical mailing addresses through the National Change of Address Database (“NCOA”), Accurint, or another similar address database to attempt to obtain a more current name and/or physical mailing address for each potential Settlement Class Member.
8. The Settlement Administrator shall post the Settlement Class in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision of, in electronic formatAgreement, the namesShortform Notice, addressesthe Long Form Notice, email addresses including the Website Claim Form (to the extent availableas contained in Exhibit 3), and social security numbers or other unique identifiers of members of the Settlement ClassPreliminary Approval Order on the website. The names, addresses, email addresses (to the extent available), and social security numbers or other unique identifiers obtained pursuant to this Order website shall not be used solely for the purpose of providing notice submitting claims. Claims must be submitted by US Mail. The Parties shall mutually agree on the URL address for the website, which shall not include the name of this settlement and as required for purposes of tax withholding and reporting, and for no other purposeOcean Harbor. All claim forms shall be available in English.
C. For 9. The website may be amended from time to time as agreed to by the Parties, including to add any fee application and Final Approval Order. The Settlement Administrator shall maintain the website for at least 180 days after the Claims Submission Deadline.
10. If any Shortform Notice and/or Claim Form mailed to any potential Settlement Class Member is returned to the Settlement Administrator as undeliverable, the Settlement Administrator shall utilize will promptly log each Shortform Notice and/or Claim Form. If the provided social security number or other unique identifier mailing is returned to attempt to determine the current address of the person and shall mail notice to that Settlement Administrator with a forwarding address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with forward the Court a proof of timely compliance with mailing to that address. The Parties agree that the foregoing requirementsprocedures set forth in the preceding Paragraphs 6-9 and this Paragraph constitute reasonable and the best practicable notice under the circumstances and an appropriate and sufficient effort to locate current addresses for Settlement Class Members such that no additional efforts to do so shall be required.
E. 11. The Court directs Longform Notice and Website Claim Form will also be made available to all potential Settlement Class Counsel, no later than sixty (60) days before the Fairness Hearing, Members by request to cause the Settlement Notice to be published on the Administrator, who shall send via first-class U.S. mail any of these documents as requested by any potential Settlement WebsiteClass Member.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. (a) The Settling Parties have presented Court approves the Class Notice in the Settlement Agreement, including the Mail Notice attached as Exhibit D to the Court proposed forms Settlement Agreement and the manner of providing Mail Notice to Settlement Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectively.
A. Class Members described in Section 6 of the Settlement Agreement. The Court finds that this is the proposed forms best practicable notice under the circumstances and is reasonably calculated, under all the circumstances, to apprise the Settlement Class Members of the pendency of this Action, the terms of the Settlement Agreement, and their right to object to the Settlement Agreement or exclude themselves from the Settlement Class. The Court further finds that Mail Notice and the website referenced other forms of Class Notice in the Settlement Agreement are reasonable, constitute due, adequate, and sufficient notice to all persons entitled to receive notice, and meet the requirements of due process.
(b) The Mail Notice fairly shall be mailed not less than ninety (90) days before the date set by the Court for a Final Approval Hearing regarding the Settlement. The Mail Notice shall include the Claim Instructions (attached as Exhibit A to the Settlement Agreement), the Claim Form (attached as Exhibit B to the Settlement Agreement), and adequately:the Affidavit for Deceased Co-Claimant on Claims under $300 (attached as Exhibit C to the Settlement Agreement).
i. Describe (c) A similar but abbreviated Summary Publication Notice of Class Action, Proposed Settlement, Final Approval Hearing, and Right to Appear shall be published not less than forty-five (45) days before the terms and effect date set by the Court for the Final Approval Hearing regarding this Settlement.
(d) No later than the posting of the Mail Notice, the Settlement Administrator shall establish an Internet site (the “Settlement Website”) which shall contain copies of the Settlement Agreement and Exhibits and the Mail Notice, and allow Settlement Class members to upload and file their claim forms. The Settlement Website shall also contain Claim Form Instructions and a Claim Form which may be downloaded or printed from the Settlement Website. In addition, the Settlement Website shall allow for the option of completing Claim Forms online within the Settlement;
iisettlement website, utilizing an esignature format. Notify However, when the Claim Form is completed online, the Settlement Class concerning member must separately upload 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 required verification documents to the Settlement Class of Website pursuant to the time and place of instructions on 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 Website no later than sixty (60) days before the Fairness Hearing, cause Claim Deadline. The Settlement Website shall have a Uniform Resource Locator which identifies the Settlement Notices, with such non- substantive modifications thereto Website as may be agreed upon by xxx.XxxxxXxxxxxxxxxXxxx.xxx. The Settlement Website shall remain open and accessible through the Settling Parties, to be sent by electronic mail to all last day for Settlement Class Members to submit a Claim 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 purposeRelief.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto as Exhibit 3 Exhibits 1 and Exhibit 42, 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, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail email 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 to 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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties Plaintiffs have presented to the Court the proposed forms form of Settlement Class Notice, which are appended attached hereto as Exhibit 3 1 and a summary of the Class Notice in the form of a Publication Notice, attached hereto as Exhibit 4, respectively.
A. 2. The Court finds that the proposed both such forms and the website referenced in the Settlement Notice of notice fairly and adequately:
i. Describe : (a) describe the terms and effect effects of the Settlement Agreement and of Agreement, the Settlement;
ii. Notify , and the Settlement Class concerning the proposed Plan of Allocation;
iii. Notify ; (b) notify the Settlement Class that Co-Lead Class Counsel will seek compensation from the Settlement Fund for the Class Representatives, Attorneysattorneys’ Fees fees and Costs;
iv. Notify the Settlement Class that Administrative Expenses related to the implementation reimbursement of the Settlement will be paid litigation expenses from the Settlement Fund;
v. Give , payment of the costs of administering the Settlement out of the Settlement Fund, and for a Case Contribution Award of $5,000 each for Plaintiffs Xxxx X. Xxxxx and Xxxxx Xxxxx for their services in such capacity, payment of which shall be effected by Xxxxxx Xxx; (c) give notice to the Settlement Class of the time and place of the Fairness Final Approval Hearing; and
vi. Describe and (d) 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 requested. Plaintiffs have proposed the following manner of communicating the notice to Class Members: members of the Settlement Administrator Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances. Accordingly, the Court directs that Co-Lead Class Counsel shall, by : • By no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesClass Notice, 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 who can be identified through commercially reasonable meanseffort. 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, • By no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Class Notice to be published on the website identified in the Class Notice, which will also host and make available copies of all Settlement-related documents, including the Settlement WebsiteAgreement. • By no later than , cause the Publication Notice to be published in The Washington Post and PR Newswire one time each.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented to 1. For purposes of determining the Court proposed forms potential Settlement Class Members who will be recipients of Notices under this Settlement Notice(and their respective mailing and e-mail addresses), which are appended hereto as Exhibit 3 Defendant shall search and Exhibit 4, respectivelydetermine from its records and database(s) those Settlement Class Members who fall within the class definition and its class period.
A. The Court finds that 2. Defendant will pay all costs of effectuating and implementing the proposed forms class notice set forth herein, separate 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 apart from payments made to 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 objectionsMembers.
B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: the Settlement Administrator shall, by no later than 3. Within 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 Settlement Notice returned as undeliverablePreliminary Approval Order, the Settlement Administrator shall utilize send the provided social security number or other unique identifier Mail Notice to attempt each potential Settlement Class Member by U.S. mail and e-mail. Only one notice shall be required per insurance policy issued by Defendant on which a total loss has occurred. The Mail Notice will be sent to determine each potential Settlement Class Member for whom Defendant can reasonably ascertain mailing addresses from a review of its records, by first class mail, postage pre-paid, addressed to the current address potential Settlement Class Member’s last known address, if any, as shown by the records of Defendant. In the person and shall mail notice event that a Mail Notice to that a potential Settlement Class Member is returned as undelivered with a forwarding address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with promptly re-mail the Court Mail Notice to the forwarding address provided. No other search for other addresses shall be required. At a proof date and time suggested by the Settlement Administrator, after the mailing of timely compliance with the foregoing requirementsMail Notice, the Settlement Administrator shall initiate a separate Email Notice, to those Class Members for whom Travelers’ records contain an Email address, which notice is in addition to the Mail Notice.
E. The Court directs 4. For those Settlement Class CounselMembers to whom the Mail Notice was returned as undelivered with a forwarding address, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Administrator shall mail a second Mail Notice to the forwarding address provided. If no forwarding address is provided with returned mail, the Settlement Administrator shall not be published required to send a second Mail Notice.
5. All Notices shall contain a numeric or alphanumeric identifier that is unique to each potential Settlement Class Member.
6. The Settlement Administrator shall rent a Post Office Box for the purpose of receiving any requests for exclusion, any objections, notices of intention to appear, returned mail, or other correspondence related to this Settlement.
7. The Settlement Administrator shall maintain any Notices that are returned as undeliverable.
8. The Settlement Administrator shall post the Settlement Agreement and the Preliminary Approval Order on the Settlement Website. The Settlement Website shall be used for the purpose of submitting claims such that each Settlement Class Member may, using his or her unique numeric or alphanumeric identifier and an electronic signature, fill out and submit a Claim Form on the Settlement Website. Additionally, a Settlement Class Member may submit a Claim Form by U.S. Mail to the Settlement Administrator. The Parties shall mutually agree on the URL address for the website, which shall not include the name of Defendant and shall not contain any advertising or bear the logos or trademarks of Defendant. The Settlement Website may be amended from time to time as agreed to by the Parties, including to add any fee application and Final Approval Order. A link to the Settlement Website shall be included in the Notices. The Settlement Administrator shall maintain the website for at least 120 days after the Claims Submission Deadline, after which time the Settlement Website shall be removed.
9. The Settlement Administrator shall also create and make available to Settlement Class Members a toll-free number with recorded answers to frequently asked questions. The toll-free number shall be active through 120 days after the Claims Submission Deadline.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. 4.1 Defendants shall deliver a list of the name, last known address, email address (if known to Defendants), and telephone number (if known to Defendants) of each member of the Settlement Class (the “Class List”) to Plaintiffs’ counsel and the Class Administrator by electronic file transfer upon execution of this Agreement. The Settling Class List shall also contain information sufficient to calculate a pro rata distribution including the amount of security deposit withheld by Defendants for Relevant Charges. Defendants will make reasonable efforts to identify co-tenants (roommates), who will be deemed to be entitled to an equal share of the applicable settlement payment as described below, and whose names and contact information will be included in the Class List to the extent located.
4.2 The 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 agreed that the proposed forms and the website referenced in form of the Settlement Notice fairly attached as Exhibit 1 shall be sent by the Class Administrator via First Class Mail and adequately:
i. Describe email, if available, to the terms last known address of each member with forwarding requested. The Class Administrator shall check each address against the National Change of Address Registry before mailing. The mailed notice shall contain a prominent notice that copies are available in Spanish and effect Chinese on the settlement website described below, along with a link to that website. The Class Administrator shall prepare a website with information for Settlement Class members, maintain a toll-free number for class member inquiries, and shall cause notice to be published in the Los Angeles Times. The class website shall contain a translation of the Settlement Agreement Notice in Spanish and Chinese.
4.3 Within 14 days 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 preliminary approval, 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 Administrator shall mail 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 each Class Members: the Settlement Administrator shallMember at his, by no later than sixty (60) days before the Fairness Hearingher, 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 or its last known address and mailed, by first-class mail, postage prepaid, to after checking against the last known National Change of Address Registry. Within the same period, the Class Administrator shall also send the Class Notice via email if the Class List contains an email address of each member for such Class Member.
4.4 Within 14 calendar days of the Settlement Preliminary Approval Date, the Administrator shall arrange for publication in print and on the website of a summary of the Class for whom there is no current email address that can be identified through commercially reasonable meansNotice in accordance with the notice plan approved by the Court. The Court finds that such proposed manner costs of publication will be paid by the Administrator out of the Cash Payment.
4.5 If a mailed Class Notice 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 formatreturned, 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier take reasonable steps to attempt to determine locate a current mailing address. The Administrator shall promptly advise Class Counsel of any returned mail and, if the current address Administrator has been unable to locate an updated address, request that Class Counsel search their files for any contact information regarding the Class Member(s) in question. If any class member contacts the Administrator with an updated address, it shall be the responsibility of the person Administrator to update that class member’s contact information on file. If any mailed Class Notice is returned, the affected Class Member’s deadline to object or to opt out shall be extended by the period equal to the time between the Notice Date and the date subsequent notice is mailed; provided that no period to object or opt out shall mail notice to that addressbe extended beyond the final approval hearing.
D. At or before 4.6 Within 14 days of the Fairness HearingClass Notice Date, the Administrator shall provide and Class Counsel or the Settlement Administrator shall file with a declaration from the Court a proof of timely Administrator confirming the Class Notice Date and compliance with the foregoing requirementsrequirements of this Agreement.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Subject to Court approval, the Parties have presented agree that after entry of the Preliminary Approval Order, Notice will be provided to the Court Class of the proposed forms of Settlement by the following methods:
(a) Class Counsel shall establish a website (xxx.xxxxxxxxxxxxxxxx.xxx). The mailed notice will reference the website address. The website will contain relevant court documents, frequently asked questions, and the Notice. The website, Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectivelyfrequently asked questions will be prepared by Class Counsel with approval of Navy Federal’s counsel.
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 (b) Within seven (7) days of the Settlement Agreement and Court’s entry of the Settlement;
ii. Notify the Settlement Class concerning the proposed Plan of Allocation;
iii. Notify the Settlement Class that Class Counsel Preliminary Approval Order, Navy Federal 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 deliver to the Settlement Administrator and Class Counsel its completed list of class members and the following personal identifiers: full name, last known address, telephone number, and email address in encrypted format. Should any mailings come back undeliverable Navy Federal, the Settlement Administrator, and Class Counsel shall confer regarding any additional necessary personal identifiers. Consistent with its contractual, statutory, and regulatory obligations to maintain the security of and protect its members’ personal information, Navy Federal only will provide that information that is necessary. Class Counsel and the Settlement Administrator agree to maintain the confidentiality of that personal information, to employ reasonable security measures, and to destroy the personal information once it is no longer necessary to effectuate the Settlement.
(c) Within thirty (30) days of the time and place Court’s entry of the Fairness Hearing; and
vi. Describe how Preliminary Approval Order (the recipients of “Mailing Deadline”), the Settlement Administrator shall mail 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 each Class Members: the Settlement Administrator shall, Member 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 U.S. mail, postage prepaid, notifying him or her of his or her right to participate in the Settlement or to object to or opt out of the Settlement. The Class Notice shall be sent to the last known address and email 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 When a mailing comes back as required for purposes of tax withholding and reporting, and for no other purpose.
C. For any Settlement Notice returned as “undeliverable, ,” the Settlement Administrator shall utilize the provided social security number or other unique identifier exercise reasonable means to attempt to determine the current locate an updated mailing address of the person and shall mail notice to that address. Those reasonable means include performing reasonable address traces or “skip traces.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.”
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of notice regarding the Settlement Notice, which are appended hereto as Exhibit 3 for distribution to Settlement Class Members (“Settlement Notices”) and Exhibit 4, respectivelythe proposed Former Participant Claim Form to Former Participants.
A. The Court finds that the proposed forms Settlement Notice and the website referenced in the Settlement Postcard Notice fairly and adequately:
i. Summarize the claims asserted;
ii. 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 Notifies the Settlement Class that Class Counsel will seek compensation disbursements from the Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative’s Compensation;
iv. Notify the Settlement Class that Administrative Expenses related to the implementation of the Settlement will be paid from the Settlement Fund;
v. Give Gives notice to the Settlement Class of the time and place of the Fairness Hearing, and Class Members’ right to appear; and
vi. Describe v. Describes how the recipients of the Class Notice may object to the Settlement, or any of the relief requested Attorneys’ Fees and the rights of the Settling Parties to discovery concerning such objectionsCosts, Administrative Expenses, or Class Representative’s Compensation.
B. The Settling Parties have proposed Settlement Administrator shall send by email or first class mail the following manner appropriate Settlement Notice to each Class Member and the Former Participant Claim Form to each Former Participant within thirty (30) calendar days of communicating the notice to Class Members: date of this Order, as specified in the Settlement Administrator shallAgreement, based on data provided by no later than sixty (60) days Serco and the Plan’s recordkeeper.
C. On or 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 date that notice is 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize establish a Settlement Website and telephone support line as provided by the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that addressSettlement Agreement.
D. At or before Pursuant to Rules 23(c)(2) and (e) of the Federal Rules of Civil Procedure, the contents of the Settlement Notices and plan for distribution of the Settlement Notices constitutes appropriate notice, provides due and sufficient notice of the Fairness HearingHearing and of the rights of all Class Members, Class Counsel or the Settlement Administrator shall file and complies fully with the Court a proof requirements of timely compliance with the foregoing requirementsFederal Rule of Civil Procedure 23 and due process.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 shall be provided to Class Members. The Parties believe and of agree that the Settlement;
ii. Notify following procedures for such notice provide 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 best practicable notice to Class Members and are consistent with the Settlement requirements of due process and California Rule of Court 3.766:
1. The Claims Administrator shall be responsible for preparing, printing, and mailing to all Class of the time and place of the Fairness Hearing; and
vi. Describe how the recipients Members an individualized version of the Class Notice approved by the Court, and such other materials as may object be required to be distributed, all as approved and directed by the Court.
2. Not later than 20 business days after the Court’s entry of an Order of Preliminary Approval, McDonald’s shall provide to the Claims Administrator a list of all Class Members (the “Class List”) that McDonald’s will diligently and in good faith compile from its HR system of record. The Class List will be formatted in Microsoft Office Excel, will be password protected, and will contain the name, last known telephone number, mailing address, email address (if available), social security number, and starting and ending employment dates during the Class Period (including multiple starting and ending employment dates if applicable) of every Class Member, and shall include any updated contact information in the possession of either the Parties or the Claims Administrator. The Claims Administrator shall keep contact information and social security numbers of Class Members strictly confidential, except as needed to verify Class Member identity and contact information. McDonald’s shall also provide to Class Counsel a password-protected copy of the relief requested Class List that excludes Class Members’ social security numbers.
3. Based on the information in the Class List and the rights terms of this Settlement, the Settling Parties Claims Administrator shall promptly calculate an Estimated Settlement Amount for every Class Member, to discovery concerning such objections.
B. The Settling Parties have proposed be included in the following manner of communicating individualized Notice to be sent to that Class Member, and shall prepare and email a spreadsheet setting forth those calculations to Class Counsel and McDonald’s counsel no fewer than two business days before mailing the notice Class Notice to Class Members: the Settlement Administrator shall, by no .
4. No later than sixty (60) 10 business days before after preparation of the Fairness Hearinginformation described in Paragraph III.D.3 above, cause the Settlement NoticesClaims Administrator shall mail the Class Notice to every individual on the Class List. Prior to mailing, with such non- substantive modifications thereto as may be agreed upon by the Settling Parties, Claims Administrator will perform a search based on the National Change of Address Database for information to update and correct for any known or identifiable address changes. The mailing shall be sent by electronic first- class U.S. mail, postage pre-paid. Any Class Notices returned to the Claims Administrator as non-deliverable with a forwarding address on or before the Response Deadline will be sent via regular First-Class mail to the forwarding address within five calendar days of receipt of the forwarding address, and the Claims Administrator will indicate the date of such re-mailing on the Class Notice. No later than 10 business days after receipt of the Class List, the Claims Administrator shall also email a copy of the Class Notice to all Class Members whose email addresses are known. The Claims Administrator shall track and report all “bounce back” emails, but shall be under no obligation to search for whom different email addresses. No later than 10 business days after receipt of the Class List, the Claims Administrator shall also establish a settlement website that describes and includes a copy of this Settlement, including exhibits, and other information pertaining to the lawsuit and Settlement. The Settlement website shall also include information on how to obtain a Claim Form for individuals who believe they should be included in the Class but did not receive a Class Notice.
5. For any Class Notice that is returned by the post office as undeliverable without a forwarding address or addressee unknown, the Claims Administrator shall perform a skip trace that shall use such public and proprietary electronic resources as are available to the Claims Administrator that lawfully collect address data from various sources such as utility records, property tax records, motor vehicle registration records, and credit bureaus. If the Claims Administrator is provided successful in locating an alternate subsequent address or addresses, the Claims Administrator shall perform a current email address and mailed, by firstsingle re-class mail, postage prepaid, mailing of the Class Notice to the new address(es) within 10 calendar days of receipt of the undeliverable notice. Class Members who receive a re-mailed Notice will have between the later of (i) an additional 21 calendar days or (ii) the Response Deadline to postmark an opt-out request or an objection to the Settlement.
6. For any Class Notice that is returned by the post office as undeliverable without a forwarding address or addressee unknown as to which the Claims Administrator after performing a skip trace is not successful in locating an alternate subsequent address or addresses, the Claims Administrator shall call the Class Member’s last known telephone numbers (and numbers updated through public and proprietary databases) to obtain accurate contact information. If the Claims Administrator is successful in locating an alternate subsequent address of each member or addresses in this manner, the Claims Administrator shall perform a single re-mailing of the Settlement Class for whom there is no current email address that can be identified through commercially reasonable meansNotice to the new address(es) within 10 calendar days of receipt of the undeliverable notice. Class Members who receive a re-mailed Notice will have between the later of (i) an additional 21 calendar days or (ii) the Response Deadline to postmark an opt-out request or an objection to the Settlement.
7. The Court finds Parties intend that such proposed manner is all reasonable means be used to maximize the best notice practicable under likelihood that all Class Members will receive the circumstances and directs that the Settlement Administrator provide notice Class Notice.
8. In addition to the Settlement Class in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision of, in electronic formatforegoing, the namesParties may, addressesbut are not obligated to, email addresses (to supplement the extent available), and social security numbers or other unique identifiers mailed Class Notice with reasonable alternative forms 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 purposenotice.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto as Exhibit 3 Exhibits 1 and Exhibit 42, 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, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail email 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 to 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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. Notice of the Settlement shall be provided to Class Members. The Settling Parties have presented believe and agree that the following procedures for such notice provide the best practicable notice to Class Members.
a. The Claims Administrator shall be responsible for preparing, printing, and mailing to all Class Members an individualized version of the Class Notice approved by the Court and any such other materials as may be required to be distributed, all as approved and directed by the Court.
b. Not later than ten (10) business days after the Court’s entry of an Order of Preliminary Approval, the Claims Administrator shall prepare, in electronic form, a spreadsheet (the “Class List”) that contains the name, telephone number, last known mailing address and email address, and starting and ending employment dates during the Class Period (including multiple starting and ending employment dates if applicable) of every Class Member, and shall provide the Parties’ counsel with a copy. The Claims Administrator shall not include social security numbers on the Class List provided to the Parties’ counsel. The Claims Administrator shall include in the Class List any updated information generated pursuant to the class notice and opt-out procedure approved by the Court proposed forms of Settlement Noticeon August 11, which are appended hereto as Exhibit 3 and Exhibit 4, respectively2016.
A. The Court finds that c. Based on the proposed forms and the website referenced information in the Class List and allocation of the Class Payment set forth herein, the Claims Administrator shall promptly calculate an Estimated Settlement Amount for every Class Member, to be included in the individualized Notice fairly to be sent to that Class Member, and adequatelyshall prepare and email a spreadsheet setting forth those calculations to Class Counsel and McDonald’s counsel no fewer than two days before mailing the Class Notice to Class Members.
d. No later than ten (10) business days after preparation of the information described in subsection (b) above, the Claims Administrator shall mail the Class Notice to every individual on the Class List whose address information is known. This mailing shall be sent by first-class U.S. mail, postage pre-paid. Any returned envelopes from the initial mailing with forwarding addresses shall be used by the Claims Administrator to re-mail the Class Notice. The Claims Administrator shall forward the Class Notice to the new address within five (5) calendar days of receipt of the forwarding address. No later than (10) business days after receipt of the Class List, the Claims Administrator shall also email a copy of the Class Notice to all Class Members whose email addresses are known. The Claims Administrator shall track and report all “bounce back” emails, but shall be under no obligation to search for different email addresses.
e. Except as otherwise provided herein, the Class Notice:
i. Describe Shall state that the terms and effect deadline for submitting any objection to the Settlement or for opting out of the Settlement Agreement and shall be sixty (60) calendar days after the postmark date of the Settlementinitial mailing of Class Notice;
ii. Notify Shall state the recipient’s Estimated Settlement Class concerning Amount, as calculated by the proposed Plan of AllocationClaims Administrator;
iii. Notify Shall inform the Settlement Class that Class Counsel will seek compensation from recipient of the Settlement Fund for need to provide updated contact information to the Class Representatives, Attorneys’ Fees and CostsClaims Administrator until such time as all settlement funds have been distributed;
iv. Notify the Settlement Class that Administrative Expenses related to the implementation Shall include a summary of the Settlement will release and waiver of claims against the Released Parties, and shall inform the recipient that any Class Member who does not timely opt out shall be paid from deemed to have released all covered claims against the Settlement FundReleased Parties;
v. Give notice Shall explain that a Class Member who is not identified on the Class List or whose Class Notice is returned to the Settlement Class Claims Administrator by the post office after mailing shall not be eligible to share in the settlement funds unless that individual submits a Claim Form to the Claims Administrator no later than ninety (90) calendar days after the postmark date of the time and place of the Fairness Hearing; andClass Notice.
vi. Describe how Shall explain that no Claim Form will be required from any individual on the recipients Class List to whom a Class Notice is sent and is not returned.
f. For any Class Notice that is returned by the post office as undeliverable or addressee unknown, the Claims Administrator shall perform a skip trace that shall include: (1) processing the name and address through the United States Postal Service’s National Change of Address database; (2) performing address searches using such public and proprietary electronic resources as are available to the Claims Administrator that lawfully collect address data from various sources such as utility records, property tax records, motor vehicle registration records, and credit bureaus; and (3) calling last-known telephone numbers (and telephone numbers updated through public and proprietary databases) to obtain accurate contact information. If the Claims Administrator is successful in locating an alternate subsequent address or addresses, the Claims Administrator shall forward such Class Notice to the new address(es) within ten (10) calendar days of receipt of the Class Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objectionsundeliverable notice.
B. g. The Settling Parties have proposed intend that all reasonable means be used to maximize 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 likelihood that all Class Members for whom will receive the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, Class Notice.
h. In addition 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 formatforegoing, the namesParties may, addressesbut are not obligated to, email addresses (to supplement the extent available), and social security numbers or other unique identifiers mailed Class Notice with reasonable alternative forms 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 purposenotice.
C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement the Class Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectivelyis the proposed form of notice regarding the Settlement for electronic mailing to Settlement Class members.
A. The Court approves the text of the Class Notice and finds that the proposed forms and the website referenced in the Settlement Notice content therein fairly and adequately:
i. Summarize the claims asserted;
ii. 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 Qualified Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs, Administrative Expenses, and Case Contribution Awards for the Named Plaintiffs;
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 Settlement Class members’ right to appear; and
vi. v. Describe how the recipients of the Class Notice may object to the Settlement, or any requested Attorneys’ Fees and Costs, Administrative Expenses, or Case Contribution Awards for the Named Plaintiffs.
B. Pursuant to Rules 23(c)(2) and (e) of the relief requested Federal Rules of Civil Procedure, the contents of the Class Notice and e-mailing the Class Notice (and Former Participant Rollover Form, where applicable) constitutes the best notice practicable under the circumstances, provides due and sufficient notice of the Fairness Hearing and of the rights of all Settlement Class members, and complies fully with the Settling Parties to discovery concerning such objectionsrequirements of Federal Rule of Civil Procedure 23 and due process.
B. C. The Settling Parties have proposed Settlement Administrator shall send by electronic mail the following manner appropriate Class Notice (and Former Participant Rollover Form, where applicable) to each Settlement Class Member within forty-five (45) calendar days of communicating the notice date of this Order, as specified in the Settlement Agreement, based on data provided by the Plan’s recordkeeper. The Class Notice shall be electronically mailed to the last known e-mail address of each Settlement Class Members: Member provided by the Plan’s recordkeeper (or its designee), unless an updated address is obtained by the Settlement Administrator shallthrough its efforts to verify the last known email addresses provided by the Plan’s recordkeeper (or its designee). The Settlement Administrator shall use commercially reasonable efforts to locate any Settlement Class Member whose Class Notice is returned and resend such documents one additional time.
D. Pursuant to the Plan of Allocation approved and filed with this, Current Participants will receive their settlement payments to their Plan accounts, while Former Participants will receive their settlement payment either via check or by no later than sixty rollover to an individual retirement account or other eligible employer plan, provided they complete the Former Participant Rollover Form and supply adequate information to the Settlement Administrator to effect the rollover at least fourteen (6014) days before the Fairness Hearing, cause .
E. On or before 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 date that the Settlement Administrator provide notice Class Notice is sent 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize establish a Settlement website and telephone support line as provided by the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Agreement. The Settlement Administrator shall file with post a copy of the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published and Former Participant Rollover Form on the Settlement Websitewebsite.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto as Exhibit Exhibits 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 RepresentativesRepresentatives Individual Plaintiff, and 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, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail email 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 circumstances, and directs that the Settlement Administrator to provide notice to the Settlement Class in the manner described. Defendants Defendant 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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Class Notice, which are appended hereto as Exhibit Exhibits 3 and Exhibit 4, respectively. The Settling Parties have also presented a proposed Publication Notice, appended hereto as Exhibit 6.
A. The Court finds that the proposed forms and the website referenced in the Settlement Class 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: members of the Settlement Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances, and directs that the Settlement Administrator shall, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesClass Notice, with such non- 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 who 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 Defendant shall cooperate with the Settlement Administrator by providing or facilitating the provision ofproviding, 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 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 Settlement Class Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person Person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Class Notice to be published on the Settlement Websitewebsite identified in the Class Notice.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto to Plaintiffs’ Unopposed Motion for Preliminary Approval of the Class Settlement as Exhibit Exhibits 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, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail email to all Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-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 circumstances, and directs that the Settlement Administrator to 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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement the Class Notice, which are appended hereto attached as Exhibit 3 and Exhibit 4A to the proposed Preliminary Approval Order, respectivelywhich is the proposed form of notice regarding the Settlement for distribution to Settlement Class members.
A. The Court approves the text of the Class Notice and finds that that:
i. the proposed forms and the website referenced in the Settlement Class Notice fairly and adequately:
i. Describe a. describes the terms and effect of the this 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 b. provides sufficient notice to all members of the Settlement Class of the time and place of the Fairness Hearing; and;
vi. Describe how c. describes the rights of all Settlement Class members including that the recipients of the Class Notice may object to any approval of the relief requested and the rights of the Settling Parties to discovery concerning such objections.Settlement; and
B. ii. The Settling Parties have proposed the following manner of communicating distributing the notice Class 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 members 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 fully complies with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses requirements of Federal Rule of Civil Procedure 23 and due process.
B. Within forty-five (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 45) days after entry of this settlement and as required for purposes of tax withholding and reporting, and for no other purpose.
C. For any Settlement Notice returned as undeliverableOrder, the Settlement Administrator shall utilize distribute the Class Notice to each Settlement Class member as specified in the Settlement Agreement, based on data provided social security number or other unique identifier by the Plan’s recordkeeper. The Class Notice shall be mailed by electronic means and/or by first class mail to attempt all Settlement Class members to determine the current address last known email addresses and/or mailing addresses for the Settlement Class members in the possession of the person and Plan’s recordkeeper, provided, however, that if the Settlement Administrator obtains an updated address through its efforts to verify the last known email address provided by the Plan’s recordkeeper, then Class Notice shall mail notice to that addressbe sent thereto.
D. At C. On or before the Fairness Hearingdate that Class Notice is sent to the Settlement Class, Class Counsel or the Settlement Administrator shall file with the Court establish a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause Settlement Website and telephone support line as provided by the Settlement Agreement. The Settlement Administrator shall post a copy of the Class Notice to be published on the Settlement Website.
D. Former Participants electing to receive their Final Individual Dollar Recovery via rollover to a qualified retirement account must mail their Former Participant Rollover Form, attached as Exhibit B to the proposed Preliminary Approval Order, to the Settlement Administrator postmarked within thirty (30) days after the Settlement Administrator has distributed the Class Notice to each Settlement Class member.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented to the Court proposed forms of Settlement notice regarding the settlement to be issued to Class Members (“Class 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 content therein 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: members of the Settlement Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances, and directs that the Settlement Administrator shall, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesClass Notice, with such non- 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 who 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 ofproviding, 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 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 Settlement Class Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person Person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) 60 days before the Fairness Hearing, to cause the Settlement Class Notice to be published on the Settlement Websitewebsite identified in the Class Notice.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented 8. Allstate will pay all costs of effectuating and implementing the Class Notice set forth herein.
9. Allstate represents that it will timely produce to effectuate the deadlines herein, email addresses to the Court proposed forms of Settlement Notice, which extent that such addresses 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 its possession for the Settlement Class concerning Members.
10. Sixty (60) days after entry of the proposed Plan Preliminary Approval Order, Epiq shall initiate mailing of Allocation;the Mail Notice and Claim Form by first-class mail to each potential Settlement Class Member. The Claim Form will be detachable, return addressed, and shall be affixed with prepaid postage sufficient to mail back to the Settlement Administrator.
iii11. Notify The Mail Notice and Claim Form shall be in the same form as Exhibit 10 and 3. Claim Forms provided with the Mail Notice will be pre-filled with a unique Claimant ID, the potential Settlement Class Member Name, and the claim date of loss as set forth in Exhibit 3. Allstate will provide data to the Settlement Administrator to be used to enable Claim Forms and Electronic Claim Forms to be pre-filled with the Settlement Class Member Name and date of loss. The Claimant ID shall follow Epiq’s standard 10 alpha-numeric characters. The settlement website shall be designed such that Class Counsel will seek compensation class members who make a claim with their Claimant ID (either by entering it or clicking through from the email in which case it would auto-populate) shall be permitted to make a claim with only the Claimant ID and their name and signature. No other information (such as date of loss or policy number) shall be required from Class Members who make a claim with their Claimant ID.
12. Prior to Mail Notice, the Settlement Fund Administrator shall run physical mailing addresses through the National Change of Address Database ("NCOA") for any addresses that Allstate does not have or are incomplete and/or for any addresses to which the Settlement Administrator knows to be invalid based on subsequent notice mailings that took place in this Action.
13. For each potential Settlement Class RepresentativesMember for whom Allstate provides an associated e-mail address, Attorneys’ Fees the Settlement Administrator shall send E-Mail Notice with the same Claimant ID as the Mail Notice and Costs;
iv. Notify with a hyperlink to the website Make a Claim page permitting the Settlement Class that Administrative Expenses related Member to access a pre-filled Electronic Claim Form with the Claimant ID. The first E-Mail Notice shall occur on or about four (4) days after the Mail Notice and shall be in substantially the same form as Email Notice Form No. 1 at Exhibit 4.
14. The Settlement Administrator shall send a second E-Mail Notice with the same Claimant ID as the first email and with a hyperlink to the implementation website Make a Claim page permitting the Settlement Class Member to access a pre-filled Electronic Claim Form with the Claimant ID. The Settlement Administrator shall not send the second E-Mail Notice on any claim for which the Settlement Administrator knows that it already has received a claim form, objection, or opt-out. The second E-Mail shall be sent on or about twenty-two (22) days after the Mail Notice and shall be in substantially the same form as the Email Notice Form No. 2 at Exhibit 5.
15. The Settlement Administrator shall send a third E-Mail Notice with the same Claimant ID as the first and second emails with a hyperlink to the Make a Claim page permitting the Settlement Class Member to access a pre-filled Electronic Claim Form with the Claimant ID. The Settlement Administrator shall not send the third E-Mail Notice on any claim for which the Settlement Administrator knows that it already has received a claim form, objection, or opt-out. The third E--Mail shall be sent on or about 40 days after the Mail Notice date and shall be in substantially the same form as the Email Notice Form No. 3 at Exhibit 6.
16. The Settlement Administrator shall send the three separate emails even if none of the emails is rejected or returned as undelivered or otherwise fail to transmit. If any email is rejected, returned as undelivered, or the Settlement Administrator otherwise receives notice of a failure to transmit, the Settlement Administrator will apply its discretion to adjust wherever possible the settings or functionality, so as to increase the likelihood that a subsequent email will successfully transmit.
17. The Settlement Administrator shall direct notice in the manner set out herein on each and every claim for which it has been provided Claims and Policy Data even if the Settlement Class Member has more than one claim. A Settlement Class Member who has more than one claim will receive multiple mail and email notices (notices for each claim).
18. The Settlement Administrator shall utilize best practices designed to avoid spam filters, blockers, or any tool designed to prevent receipt of emails, and to otherwise design and implement the sending of the email to increase the chance that the E-Mail Notice will be paid from successfully received into the inbox of potential Settlement Class Members. All E-Mail Notices must include the capability to click-through to the website “Make a Claim” page.
19. The Settlement Administrator shall continue to maintain the website xxx.XxxxxxxxXxxxxXxxx.xxx and post the Settlement Fund;Agreement, Mail Notice, Longform Notice, Claim Form, Electronic Claim Form, Preliminary Approval Order, Motion for Attorneys’ Fees, and frequently asked questions. The website may be amended from time to time as agreed to by the Parties. The website shall also contain Spanish translations of the Mail Notice, Longform Notice, and Claim Form. The Settlement Administrator shall maintain the website for at least 60 days after expiration of the Claims Submission Deadline.
v. Give notice 20. The home page of the website shall reflect the case settlement and shall have a "Make A Claim" button permitting a Settlement Class Member to access a pre-filled Electronic Claim Form by providing a Claimant ID, with a method to submit the Electronic Claim Form with an electronic signature. The home page of the website also shall have a method to request that another copy of the paper Claim Form be mailed or emailed to the Settlement Class of Member.
21. The website shall provide that a Settlement Class Member may submit a Claim Form without a Claimant ID by completing an Electronic Blank Claim Form by entering the time Settlement Class Member name, policy number or claim number, and place of address, and by signing and submitting the Fairness Hearing; andElectronic Blank Claim Form electronically.
vi22. Describe how the recipients of the Class If any Notice may object and/or Claim Form mailed to any of the relief requested and the rights of the Settling Parties potential Settlement Class Member is returned 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address will promptly log each Notice and/or Claim Form that is returned as undeliverable and provide copies of the person log to Allstate and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or upon request. If the mailing is returned to the Settlement Administrator with a forwarding address, the Settlement Administrator shall file forward the mailing to that address. For the remaining returned mailings, the Settlement Administrator will use reasonable efforts, including an Experian search or skip tracing, to attempt to obtain a new address and those mailings shall be forwarded to any new address obtained through such a search. If any Notice is returned as undeliverable a second time, no further mailing shall be required. It is agreed by the Parties that the procedures set forth in the preceding Paragraph and this Paragraph constitute reasonable and the best practicable notice under the circumstances and an appropriate and sufficient effort to locate current addresses for Settlement Class Members such that no additional efforts to do so shall be required.
23. The Parties agree that the Longform Notice, without material alteration to Exhibit 9, shall be posted to the website as set forth below, and will be available upon request to Settlement Class Members.
24. The Notice and Claim Form will also be made available to all potential Settlement Class Members by request to the Settlement Administrator, who shall send via first-class U.S. mail any of these documents as requested by any potential Settlement Class Member. If a Claim ID is not available to the Settlement Administrator for the potential Settlement Class Member, the Settlement Administrator shall provide a Blank Claim Form to the requester with instruction that the Blank Claim Form must be mailed to the Settlement Administrator postmarked by the Claims Submission Deadline with the Court a proof of timely compliance with the foregoing requirementsSettlement Class Member name, policy number or claim number, address, and signature.
E. 25. The Court directs Settlement Administrator shall maintain a toll-free IVR telephone system containing recorded answers to frequently asked questions, along with an option permitting callers to punch through to a live operator. The recorded answers to frequently asked questions are to be agreed to by the Parties. In the event a Settlement Class CounselMember has a question that is not addressed by the Parties in the frequently asked questions, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice Administrator is to contact counsel for both Parties and a response will be agreed to by the Parties.
26. The Settlement Administrator shall rent a post office box to be published on used for receiving requests for exclusion, objections, notices of intention to appear, and any other settlement-related communications. Only the Settlement WebsiteAdministrator, the Court, the Clerk of the Court, and their designated agents shall have access to this post office box, except as otherwise expressly provided in this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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, shall by no later than sixty (60) days before the Fairness Hearing, cause the Settlement NoticesNotice, with such non- non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail email to all Class Members for whom the Settlement Administrator is provided who have a current email address known to Vanderbilt University and/or the Plan's recordkeeper 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 circumstances, and directs that the Settlement Administrator to provide notice to the Settlement Class in the manner described. The Vanderbilt 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 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Class Notice. The Settling Parties have presented Within 30 calendar days after the execution of this Agreement by all Parties, Defendants shall exercise best efforts to provide to Class Counsel the Court proposed forms following categories of Settlement Notice, which are appended hereto as Exhibit 3 information along with a declaration (or declarations) under penalty of perjury verifying the accuracy of the information and Exhibit 4, respectively.
A. The Court finds that the proposed forms and the website referenced in the Settlement Notice fairly and adequatelyhow it was collected:
i. Describe the terms and effect A spreadsheet or spreadsheets containing all of the Settlement Agreement following information as to each class-member tenancy: name of tenant(s), move-out unit and apartment complex name and street address, date of the Settlement;move-out, total amount of security deposits deductions/charges incurred, withheld, or charged (other than for rent and utilities).
ii. Notify the Settlement Class concerning the proposed Plan A sampling 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 10% of the Settlement will be paid from the Settlement Fund;
v. Give notice to the Settlement Class move-out statements per year for each of the time and place 12 residential apartment complexes included in this Settlement, for calendar years 2015 through 2020. Within 15 calendar days of entry of the Fairness Hearing; and
vi. Describe how Preliminary Approval Order, Defendants shall provide the recipients of Administrator with a spreadsheet or spreadsheets listing the Class Notice may object to any of the relief requested above information 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 shallforwarding address for each unit, as provided 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 their Class Member Household as part of the Settlement Administrator is provided a current email address and mailed, by firstmove-class mail, postage prepaid, to out process or the last known address of each member of the Settlement on file for that Class for whom there is no current email address that can be identified through commercially reasonable meansMember Household. The Court finds that Administrator will then make reasonable efforts using a national address database to trace, identify and obtain any updated addresses for such proposed manner is the best notice practicable Class Member Households. All information provided by Defendants 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 Section shall be maintained as confidential and used solely for the purpose of providing notice Class Notice or, if necessary, enforcing this Agreement. Within a reasonable time from receipt of the spreadsheet discussed above, not to exceed 60 calendar days after the Preliminary Approval Date, the Administrator shall send by first-class mail a Class Notice to each identified last known address according to Defendants’ business records, or to the extent applicable, to their updated address. The costs of this settlement and as required for purposes mailing will be paid by the Administrator out of tax withholding and reporting, and for no other purpose.
C. For any the Settlement Administration Costs. If a mailed Class Notice returned as undeliverableis returned, the Settlement Administrator shall utilize the provided social security number or other unique identifier take reasonable steps to attempt to determine locate a better address. Before the current address of the person and shall mail notice to that address.
D. At or before the Fairness Final Approval Hearing, Class Counsel or the Settlement Administrator shall file with a declaration from the Court a proof of timely Administrator confirming the Class Notice Date and compliance with the foregoing requirementsrequirements of this Agreement.
E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
Appears in 1 contract
Samples: Settlement Agreement
Class Notice. The Settling Parties have presented A proposed form of Class Notice is attached as Exhibit A. With respect to the Court proposed forms such form of Settlement Class Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectively.
A. The the Court finds that the proposed forms and the website referenced in the Settlement Notice such form fairly and adequately:
i. Describe : (a) describes 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 Agreement; (b) notifies the Settlement Class that Class Counsel Counsel’s attorneys’ fees and expenses, and the Named Plaintiff’s Incentive Fee, will seek compensation from be determined in the Settlement Fund for sole discretion of the Class Representatives, Attorneys’ Fees Court and Costs;
iv. Notify the Settlement Class that Administrative Expenses related paid according to the implementation §§ 8.1.2 and 8.1.3 of the Settlement will be paid from the Settlement Fund;
v. Give Agreement; (c) gives notice to the Settlement Class of the time and place of the Fairness Hearing; and
vi. Describe and (d) describes how the recipients of the Class Notice may object to any of the relief requested requested. The Court directs that Class Counsel shall:
a) Within 60 days of entry of this Preliminary Approval Order 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 NoticesClass Notice, 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 via first-class mail, postage prepaid, mail to each Person within the Settlement Class at the last known address for members 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 describedpossession of the Plan’s current recordkeeper. Defendants shall cooperate with will pay the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (cost for sending notice 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 Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address.
D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements.
E. The Court directs Class Counsel, b) By no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Agreement and the Class Notice to be published on the Settlement Websitewebsites identified in the Class Notice.
c) At or before the Fairness Hearing, Class Counsel shall notify the Court of the timely compliance with the foregoing Class Notice mailing and publication requirements.
Appears in 1 contract
Samples: Class Action Settlement Agreement
