Class Notices. The Notice of Class Action Settlement, substantially similar to the form attached hereto as Exhibit A, subject to Court approval.
Class Notices. Within sixty (60) calendar days of the date of Preliminary Approval, or by the time specified by the Court, the Settlement Administrator shall send the Notices in the forms attached hereto as Exhibits 1 - 2, or in such form as is approved by the Court, to the Settlement Class members. The Settlement Administrator shall send the Email Notice, attached hereto as Exhibit 1, to all Settlement Class members for whom the Defendant has provided the Settlement Administrator with an e-mail address. The Settlement Administrator shall send the Postcard Notice, attached hereto as Exhibit 1, to all Settlement Class members for whom Defendant does not provide an email address to the Settlement Administrator and to all Settlement Class members to whom the Settlement Administrator sent Exhibit 1 via email but for whom the Settlement Administrator receives notice of an undeliverable email. Postcard Notice shall be mailed after the Settlement Administrator updates mailing addresses provided by Defendant with the National Change of Address database and other commercially feasible means. The Settlement Administrator shall also maintain a website containing the Complaint, the Long Form Notice attached hereto as Exhibit 2, Plaintiff’s motion seeking Preliminary Approval, the Preliminary Approval Order, Plaintiff’s motion seeking Final Approval, and the Final Approval Order until at least ninety (90) calendar days after the date of Final Approval. The Settlement Administrator shall send the Long Form Notice by mail to any Settlement Class member who requests a copy. It will be conclusively presumed that the intended recipients received the Notices if the Settlement Administrator did not receive a bounce-back message for Email Notices and if mailed Postcard Notices have not been returned to the Administrator as undeliverable within fifteen (15) calendar days of mailing.
Class Notices. After Preliminary Approval, and subject to approval by the Court of the means for dissemination:
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. 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.
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 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. 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.
