Class Notices. After Preliminary Approval, and subject to approval by the Court of the means for dissemination:
a. No later than twenty-one (21) days after the entry of the Order of Preliminary Approval (unless otherwise specifically modified below), the Mailed Class Notice shall be mailed and the Emailed Class Notice shall be emailed by the Settlement Administrator, at the direction of Counsel for the Parties, to Class Members that: are identified by or were previously identified from GTL’s records during the process of disseminating notice of certification of the Class. Any questions relating to notice provided to individual members of the Class shall be directed to the Settlement Administrator, which shall answer questions raised by GTL.
b. Claim forms may also be included with the Class Notice sent to Class Members.
c. The Published Class Notice shall be submitted to the Court for approval in connection with the motion for Preliminary Approval to be published in a one-sixth (1/6) page size advertisement in the Star Ledger, the South Jersey Times and the Prison Legal News on two occasions:
d. The Parties agree that the methods of Notice set forth in this Section constitute the best form of Notice to the Class that is practicable under the circumstances. All Notice and Administrative Costs will be paid out by GTL separate and apart from, and in addition to, the Settlement Payments.
e. The Settlement Administrator shall prepare declaration(s) stating that the Notice was provided to Class members in accordance with the terms of this Agreement and any Court Order, along with the number of Notices which were mailed to the Class Members; the number of Notices which were successfully mailed; the number of Notices which were returned as undeliverable as addressed (hereinafter “UAA”); and the number of UAA Notices which were re-sent to Class Members; and the number of UAA which were re-sent successfully. The Settlement Administrator shall provide Plaintiffs’ Counsel with the originals of the declarations, with copies to GTL, so that the declarations may be filed with the Court.
f. The Settlement Administrator shall establish and maintain a Settlement Website from the date of the entry of the Order of Preliminary Approval until the conclusion of the claim period.
g. The Settlement Administrator shall be designated in the Notice to Class Members as the entity to contact if Class Members choose to exclude themselves from the settlement.
h. The Settlement Administrator shall also ...
Class Notices. The Notice of Class Action Settlement, substantially similar to the form attached hereto as Exhibit A, subject to Court approval.
Class Notices. After Preliminary Approval, and subject to approval by the Court of the means for dissemination:
a. Individual notice of this Settlement shall be mailed, emailed, or otherwise sent by the Settlement Administrator, at the direction of Co- Lead Class Counsel, to potential members of the Certified Class, in conformance with a notice plan to be approved by the Court.
b. Neither the Certified Class, Co-Lead Class Counsel, nor Seaboard shall have any responsibility, financial obligation, or liability for any fees, costs, or expenses related to providing notice to the Certified Class or obtaining approval of the settlement or administering the settlement. Such fees, costs, or expenses shall be paid solely from the Settlement Fund, subject to any necessary Court approval. Seaboard shall not object to Co-Lead Class Counsel withdrawing from the Settlement Fund, subject to any necessary Court approval, up to $400,000 to pay the costs for notice and for Preliminary Approval and Final Approval of this Settlement Agreement. No portion of the aforementioned $400,000 shall be paid for legal fees.
c. Co-Lead Class Counsel shall use best efforts to send out notice to the Certified Class within two (2) months of Preliminary Approval by the Court of the Settlement Agreement. Any costs of notice that Co-Lead Class Counsel are permitted to withdraw from the Settlement Fund, either pursuant to the Parties’ Settlement Agreement or order of the federal, state or local governmental entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, any juror assigned to this action, and any Co-Conspirator identified in this action. Court, shall be nonrefundable if, for any reason, the Settlement Agreement is rescinded according to its terms or is not finally approved by the Court.
Class Notices. The Court approves, as to form and content, the proposed Class Notices submitted to the Court. The Court finds that the Settlement Class Notice Program outlined in the Declaration of [*] on Settlement Notices and Notice Plan (i) 6 is the best practicable notice; (ii) is reasonably calculated, under the circumstances, to 7 apprise the Settlement Class of the pendency of the Litigation and of their right to 8 object to or to exclude themselves from the Settlement; (iii) is reasonable and 9 constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and (iv) meets all requirements of applicable law, Rule 23 of the Federal Rules of Civil Procedure, and due process.
Class Notices. Subject to Court approval, the Parties agree that within 15 days after entry of the Preliminary Approval Order, Defendant shall mail the Class Notice to all Identifiable Class Members. Prior to the mailing, Defendant shall conduct a National Change of Address Search (“NCOA”) of all Identifiable Class Members. In addition, subject to Court approval, the Parties agree that within 15 days after entry of the Preliminary Approval Order, Defendant shall post, for a period of 6 months, the Class Notice and Claim Form, in a downloadable format, on its web-page or any web-page where Class Members may be redirected because of the sale of SmartDisk assets.
Class Notices. The Court approves, as to form and content, the proposed Class Notices, which are Exhibits A, B1, B2, and B3 respectively, to the Settlement Agreement. The Court finds that the Class Notices are reasonably calculated to apprise Settlement Class Members of the pendency of the Action, their right to object to the proposed Settlement, request exclusion from the Settlement Class, or participate.
Class Notices. 6.1 Within two (2) days following receipt of the Preliminary Settlement Share Calculations from Class Counsel, the Settlement Administrator shall provide proofs of the Settlement Forms for the Parties to review. The Parties must provide any revisions to the Settlement Forms within two (2) days thereafter.
Class Notices. The Class Notices will inform potential Class Members about this settlement and will also advise them of the opportunity to opt in by submitting a Claim Form or object, to appear at the Fairness Hearing, and how to submit a Claim Form. A copy of the Class Notice and Claim Form for mailing and emailing is attached hereto as Exhibit A. A copy of the Text Notice is attached hereto as Exhibit B.
Class Notices. All Class Members will be mailed a Class Notice (Notice Packet) 8 via First Class U.S. Mail and, where available, email. Each Class Notice will provide: (i) 9 information regarding the nature of the Action; (ii) a summary of the Settlement’s principal terms; 10 (iii) the Settlement Class definition; (iv) the estimated Individual Settlement Payment, the 11 estimated Individual PAGA Payment, and the formulas for calculating each; (v) the dates 12 comprising the Class Period and PAGA Period; (vi) instructions on how Class Members can 13 submit a Request for Exclusion or Objection; (vii) the deadlines by which the Class Member must 14 postmark or email Requests for Exclusion or Objections to the Settlement; and (ix) the claims to 15 be released by the Class Members and Aggrieved Employees. The Class Notice shall be in 16 substantially the same form as Exhibit C hereto, as approved by the Court.
