Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for: 1. Preparing, printing and disseminating to Settlement Class Members the Class Notice, Claim Form, and Exclusion Form; 2. Promptly furnishing to counsel for the Parties copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives; 3. Determining and distributing the claimed Settlement Share of each qualifying Final Settlement Class Member in accordance with this Settlement Agreement; 4. Keeping track of requests for exclusion including maintaining the original mailing envelope in which the request was mailed; 5. Preparing and mailing, in accordance with this Settlement Agreement and Order of the Court, the Named Plaintiffs’ enhancement awards, and Settlement Shares to claiming Final Settlement Class Members; 6. Performing all tax calculation and reporting duties required by federal, state or local law including the filing and distributing of all necessary tax returns and related forms (e.g., 1099s, W-2s, etc.); 7. Referring to Class Counsel all inquiries by Settlement Class Members regarding matters not within the Settlement Administrator’s duties specified herein; 8. Apprising counsel for the Parties of the activities of the Settlement Administrator; 9. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written or electronic communications with Settlement Class Members; 10. Confirming in writing its completion of the administration of the settlement; 11. Preparing a final report summarizing the number of requests for exclusion and disputes filed; 12. Preparing a declaration attesting to compliance with the requirements set forth above. Such declaration shall be provided to Class Counsel and Defendants’ Counsel and filed with the Court no later than ten (10) days prior to the Final Approval Hearing, or as soon as practicable prior to the Final Approval Hearing if administration is not complete by the above- referenced 10-day deadline; 13. Resolving disputes during the claims administration process in the manner provided under subparagraph C below; and 14. Such other tasks as the Parties mutually agree.
Appears in 1 contract
Samples: Settlement Agreement
Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for:
1. Preparingperform the functions specified in this Agreement, printing and disseminating including, but not limited to, overseeing administration of the Settlement Fund; coordinating notice to Settlement Class Members Members; establishing and operating the Class Notice, Claim Form, Settlement Website and Exclusion Forma toll-free number;
2. Promptly furnishing to counsel for (A) Effecting Notice in accordance with the Parties copies of any requests for exclusionprocedures set forth herein;
(B) Establishing and maintaining the Settlement Website that, objections or among other written or electronic communications from things, allows Settlement Class Members which the Settlement Administrator receivesto submit claims electronically;
3. Determining (C) Establishing and distributing the claimed Settlement Share of each qualifying Final Settlement Class Member in accordance with this Settlement Agreement;
4. Keeping track of requests maintaining a toll-free telephone line for exclusion including maintaining the original mailing envelope in which the request was mailed;
5. Preparing and mailing, in accordance with this Settlement Agreement and Order of the Court, the Named Plaintiffs’ enhancement awards, and Settlement Shares to claiming Final Settlement Class Members;
6. Performing all tax calculation and reporting duties required by federal, state or local law including the filing and distributing of all necessary tax returns and related forms (e.g., 1099s, W-2s, etc.);
7. Referring to Class Counsel all inquiries by Settlement Class Members regarding matters not within to call with Settlement-related inquiries, and answering the questions of Settlement Administrator’s duties specified hereinClass Members who call with or otherwise communicate such inquiries; inquiries; Class;
8. Apprising counsel for the Parties of the activities of the Settlement Administrator;
9. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written (D) Responding to any mailed or electronic communications with emailed Settlement Class Members;Member
10. Confirming in writing its completion (E) Processing all written notifications of exclusion from the administration of the settlement;Settlement
11. Preparing a final report summarizing (F) Providing weekly reports that summarize the number of requests for written notifications of exclusion received that week, the total number of written notifications of exclusion received to date, and disputes filed;
12. Preparing a declaration attesting to compliance with the requirements set forth above. Such declaration shall be provided to other pertinent information as requested by Class Counsel and Defendants’ Counsel and filed with the Court no later than ten Google’s counsel;
(10G) days prior to Before the Final Approval Hearing, or as soon as practicable prior preparing affidavits to submit to the Final Court that: (i) attest to implementation of the Notice Plan in accordance with the Preliminary Approval Hearing if administration is not complete Order; and (ii) identify each Settlement Class Member who timely and properly provided written notification of exclusion from the Settlement Class; reviewing, determining the validity of, and processing all Claims submitted by the above- referenced 10-day deadlineSettlement Class Members, pursuant to criteria set forth herein;
13. Resolving disputes during (H) Providing weekly reports and a final report to Class Counsel and Google’s counsel that summarize the claims administration process number and amount of Claims since the prior reporting period, the total number and amount of Claims received to date, the number and amount of any Claims approved and denied since the prior reporting period, the total number and amount of Claims approved and denied to date, and other pertinent information as requested by Class Counsel and Google’s counsel;
(I) Providing any information as may be needed for a Post-Distribution Accounting as set forth in the manner provided under subparagraph C belowNorthern District of California Procedural Guidance for Class Action Settlements;
(J) Performing any function related to Settlement administration at the agreed-upon instruction of both Class Counsel and Google’s counsel, including, but not limited to, verifying that cash payments have been distributed in accordance with this Agreement; and, DocuSign Envelope ID: 46046C7F-EF8D-4393-929B-061594B0DBAD
14. Such (K) Performing CAFA notice and any and all other tasks as the Parties mutually agreereasonable and necessary tasks.
Appears in 1 contract
Samples: Settlement Agreement
Duties of Settlement Administrator. The duties of the Settlement Administrator Administrator, in addition to any other responsibilities that are described in this Settlement Agreement, shall be solely responsible forinclude:
1. Preparing(a) Serving the CAFA notice required under 28 U.S.C. § 1715 within 10 days of Plaintiff’s filing of the motion for preliminary approval;
(b) Providing all information to Bank of America that Bank of America deems necessary before it can perform any of its obligations under this Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 10 of 80 Page ID #:5804 Settlement, printing and disseminating including any obligations to transfer funds to the Settlement Administrator;
(c) Providing Notice to Settlement Class Members the Class Notice, Claim Form, and Exclusion Form;
2. Promptly furnishing to counsel for the Parties copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives;
3. Determining and distributing the claimed Settlement Share of each qualifying Final Settlement Class Member as set forth in accordance with this Settlement Agreement;
4. Keeping track of requests for exclusion including (d) Establishing and maintaining the original mailing envelope in which Settlement Website as a means for Settlement Class Members to obtain Notice and information about the request was mailedSettlement;
5. Preparing (e) Establishing a toll-free voice response unit with message and mailing, in accordance with this interactive voice response (IVR) capabilities to which Settlement Agreement Class Members may refer for information about the Lawsuit and Order of the Court, the Named Plaintiffs’ enhancement awards, and Settlement Shares Settlement;
(f) Responding to claiming Final any inquiries from Settlement Class Members;
6. Performing all tax calculation (g) Keeping a clear and reporting duties required by federal, state or local law including the filing and distributing careful record of all necessary tax returns and related forms (e.g., 1099s, W-2s, etc.);
7. Referring to Class Counsel all inquiries by communications with Settlement Class Members regarding matters not within the Settlement Administrator’s duties specified hereinand all administration expenses;
8. Apprising counsel (h) Establishing and maintaining a post office box for the Parties of the activities of the Settlement Administrator;
9. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written or electronic communications with mailed Requests for Exclusion from Settlement Class Members;
10. Confirming in writing its completion (i) Processing and determining the validity of the administration of the settlementany Requests for Exclusion by Settlement Class Members;
11. Preparing a final report summarizing the number of requests for exclusion and disputes filed;
12. Preparing a declaration attesting to compliance with the requirements set forth above. Such declaration shall be provided to Class Counsel and Defendants’ Counsel and filed with the Court no later than (j) Providing interim reports on request, and, within ten (10) days prior after the Exclusion/Objection Deadline (as defined in Section 4.3 herein), a final report to Settlement Class Counsel and Bank of America’s Counsel summarizing the number of Requests for Exclusion received during that period, the total number of Requests for Exclusion received to date, the names and addresses of persons in the Settlement Class who submitted a Request for Exclusion, and any other pertinent information requested by Settlement Class Counsel or Bank of America’s Counsel;
(k) In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court affirming its compliance with the Notice (including CAFA) and settlement administration provisions of this Settlement Agreement, and identifying any persons in the Settlement Class who submitted timely and valid Requests for Exclusion;
(l) Processing and transmitting distributions from the Settlement Consideration as provided in this Settlement Agreement;
(m) Paying any invoices, expenses, taxes, fees, and other costs associated with administration of this Settlement as contemplated by this Settlement Agreement or required by law; and Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 11 of 80 Page ID #:5805
(n) Performing any other settlement administration-related functions reasonably necessary to effectuate this Settlement Agreement, with the consent of both Settlement Class Counsel and Bank of America’s Counsel, or as soon as practicable prior to the Final Approval Hearing if administration is not complete approved by the above- referenced 10-day deadline;
13. Resolving disputes during the claims administration process in the manner provided under subparagraph C below; and
14. Such other tasks as the Parties mutually agreeCourt.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for:
1. i) Preparing, printing and disseminating to Settlement Class Members the Class Notice, Claim Form, and Exclusion Form;
2. ii) Promptly furnishing to counsel for the Parties Class Counsel and Defense Counsel copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives;
3. iii) Determining and distributing the claimed Individual Settlement Share of Payment to each qualifying Final Settlement Participating Class Member in accordance with this Settlement AgreementMember;
4. iv) Keeping track of requests for exclusion including maintaining the original mailing envelope in which the request was mailedexclusion;
5. v) Preparing and mailing, in accordance with this Settlement Agreement and Preliminary Approval Order of the Court, Class Counsel’s attorneys’ fees and costs, the Named Plaintiffs’ Plaintiff’s enhancement awardspayment, Individual Settlement Payments to Participating Class Members, and Settlement Shares to claiming Final Settlement Class Membersthe LWDA Payment;
6. vi) Ascertaining current address and addressee information for each Class Notice returned as undeliverable and re-mailing the Class Notice where appropriate and, as necessary, utilizing the National Change of Address Database maintained by the U.S. Postal Service and undertaking customary skip-tracing measures to confirm and/or determine proper addresses;
vii) Performing all tax calculation and reporting duties required by federal, state or state, and/or local law including pertaining to the filing and distributing of all necessary tax returns and related forms Settlement Administrator’s duties (e.g., 1099s, W-2s, etc.);
7. Referring to viii) Apprising Class Counsel all inquiries by Settlement Class Members regarding matters not within the Settlement Administrator’s duties specified herein;
8. Apprising counsel for the Parties and Defense Counsel of the activities of the Settlement Administrator;
9. ix) Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written or electronic communications with Settlement Class Members;
10. x) Confirming with Class Counsel and Defense Counsel, in writing writing, its completion of the administration of the settlementSettlement;
11. xi) Preparing a final report summarizing the number of requests for exclusion and disputes filedreturned during the Response Period, as well as any objections received by the Settlement Administrator;
12. Preparing a declaration attesting to compliance with the requirements set forth above. Such declaration shall be provided to Class Counsel and Defendants’ Counsel and filed with the Court no later than ten (10xii) days prior to the Final Approval Hearing, or as soon as practicable prior to the Final Approval Hearing if administration is not complete by the above- referenced 10-day deadline;
13. Resolving disputes during the claims settlement administration process in the manner provided under subparagraph C Section V.B. below; and
14. xiii) Such other tasks as the Parties mutually agree.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. The In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible forfor the following:
1. Preparing, printing printing, and disseminating the Postcard Notice to Settlement Class Members the Class Notice, Claim Form, and Exclusion FormMembers;
2. Promptly furnishing No later than the Class Notice Date, sending by First Class Mail the Postcard Notice to counsel for all known Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain the Parties copies best practicable Class Member contact information prior to the date of any requests for exclusionmailing of the first Postcard Notice. For those Postcard Notices that are returned as undeliverable with a forwarding address, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receiveswill forward the Postcard Notice to the new address. For those Postcard Notices that are returned as undeliverable with no forwarding address, the Settlement Administrator will run a skip trace in an attempt to obtain a current address and re-mail Postcard Notices to any current addresses it locates;
3. Determining From the date of mailing of the first Postcard Notice, and distributing thereafter for six (6) months after the claimed Effective Date, maintaining (i) the Settlement Share of each qualifying Final Website, and (ii) a toll-free number with recorded answers to commonly asked settlement questions, the ability to leave a message and request a call back, and reference to the Settlement Class Member in accordance with this Settlement AgreementWebsite;
4. Keeping track of requests Requests for exclusion Exclusion, including maintaining the original mailing envelope in which the each request was mailed;
5. Preparing and mailingKeeping track of Claim Forms, including maintaining the original mailing envelope in accordance with this Settlement Agreement and Order of the Court, the Named Plaintiffs’ enhancement awards, and Settlement Shares to claiming Final Settlement Class Memberswhich each form was mailed;
6. Performing all tax calculation and reporting duties required by federalKeeping track of objections, state or local law including maintaining the filing and distributing of all necessary tax returns and related forms (e.g., 1099s, W-2s, etc.)original mailing envelope in which each objection was mailed;
7. Referring to Keeping track of all other communications from Class Counsel all inquiries by Settlement Class Members regarding matters not within Members, including maintaining the Settlement Administrator’s duties specified hereinoriginal mailing envelope in which any communication was mailed;
8. Apprising counsel for the Parties of the activities of the Settlement Administrator;
9. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications communications, and attempted written or electronic communications with Settlement Class Members;
9. Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion, (ii) copies of any objections, and (iii) all other written or electronic communications received from Class Members;
10. Confirming in writing its completion Determining whether Requests for Exclusion comply with the terms of this Agreement and are timely and valid and effective to exclude the administration of submitting Class Member from the settlementClass;
11. Preparing a final report summarizing Determining whether Claim Forms comply with the number terms of requests for exclusion this Agreement and disputes filedare timely and valid;
12. Preparing Promptly preparing and distributing any rejection of a declaration attesting Request for Exclusion to compliance the submitting Class Member. Rejections shall set forth the reason(s) for rejection, including the reason(s) the Request for Exclusion fails to comply with the requirements terms of this Agreement;
13. Promptly preparing and distributing notices of deficiencies to the submitting Class Member that set forth above. Such declaration shall be provided the reasons their Claim Form is deficient, including the reason(s) the Claim Form fails to Class Counsel and Defendants’ Counsel and filed comply with the Court terms of this Agreement;
14. Delivering to the Parties’ counsel in a reasonably timely manner, but in no event later than ten sixteen (1016) court days prior to before the Final Approval Hearing, or as soon as practicable prior to the Final Approval Hearing if administration is not complete by the above- referenced 10-day deadlinea written report concerning all Requests for Exclusion (valid and invalid), all Claim Forms (valid and deficient), and all objections;
13. Resolving disputes during the claims administration process in the manner provided under subparagraph C below; and
14. Such other tasks as the Parties mutually agree.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. The In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible forfor the following:
1. Preparing, printing printing, and disseminating the Class Notice to Settlement Class Members Members.
2. Not later than twenty (20) days after the Court’s entry of a Preliminary Approval Order, sending by First Class Mail the Class Notice to all known Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain the best practicable Class Member contact information prior to the date of the first Mailed Notice.
3. From the date of the first Mailed Notice, and thereafter for six (6) months after the Effective Date, maintaining (i) the settlement website, xxx.XXXxxxxxxxxxxxxxxxxxxx.xxx, that will include information about how to contact Class Counsel and how to submit a Claim Form, a copy of the Class Notice, Claim Form, and Exclusion Form;
2. Promptly furnishing to counsel for the Parties copies a copy of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives;
3. Determining Agreement; and distributing (ii) an 800 number with recorded answers to commonly asked settlement questions and reference to the claimed Settlement Share of each qualifying Final Settlement Class Member in accordance with this Settlement Agreement;settlement website.
4. Keeping track of requests Requests for exclusion Exclusion, including maintaining the original mailing envelope in which the each request was mailed;.
5. Preparing and mailingKeeping track of Claim Forms, including maintaining the original mailing envelope in accordance with this Settlement Agreement and Order of the Court, the Named Plaintiffs’ enhancement awards, and Settlement Shares to claiming Final Settlement Class Members;which each form was mailed.
6. Performing all tax calculation and reporting duties required by federalKeeping track of objections, state or local law including maintaining the filing and distributing of all necessary tax returns and related forms (e.g., 1099s, W-2s, etcoriginal mailing envelope in which each objection was mailed.);
7. Referring to Keeping track of all other communications from Class Counsel all inquiries by Settlement Class Members regarding matters not within Members, including maintaining the Settlement Administrator’s duties specified herein;original mailing envelope in which any communication was mailed.
8. Apprising counsel for the Parties of the activities of the Settlement Administrator;
9. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written or electronic communications with Settlement Class Members;.
9. Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion from Class Members; (ii) copies of objections by Class Members; and (iii) all other written or electronic communications received from Class Members.
10. Confirming in writing its completion Determining whether Requests for Exclusion comply with the terms of this Agreement and are timely and valid and effective to exclude the administration of submitting Class Member from the settlement;Class.
11. Preparing a final report summarizing Determining whether Claim Forms comply with the number terms of requests for exclusion this Agreement and disputes filed;are timely and valid.
12. Preparing Promptly preparing and distributing any revocation of a declaration attesting Request for Exclusion to compliance the submitting Class Member. Revocations shall set forth the reasons for revocation, including the reason(s) the Request for Exclusion fails to comply with the requirements terms of this Agreement.
13. Promptly preparing and distributing any revocation of a Claim Form to the submitting Class Member. Revocations shall set forth above. Such declaration shall be provided the reasons for revocation, including the reason(s) the Claim Form fails to Class Counsel and Defendants’ Counsel and filed comply with the Court terms of this Agreement.
14. Delivering to the Parties’ counsel in a reasonably timely manner, but in no event later than ten (10) court days prior to before the Final Approval Hearing, or as soon as practicable prior to the Final Approval Hearing if administration is not complete by the above- referenced 10-day deadline;
13. Resolving disputes during the claims administration process in the manner provided under subparagraph C below; and
14. Such other tasks as the Parties mutually agreea written report concerning all Requests for Exclusion, all Claim Forms, all revocations of Requests for Exclusion and Claim Forms, and all objections.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. The In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible forfor the following:
1. Preparing, printing printing, and disseminating the Class Notice to Settlement Class Members Members.
2. Not later than ten (10) days after the Court’s entry of a Preliminary Approval Order, sending by First Class Mail the Class Notice to all known Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain the best practicable Class Member contact information prior to the date of the first Mailed Notice, provided however, that Rady meets this obligation by providing the mailing addresses that Rady used when Rady mailed notices in June 2014.
3. From the date of the first Mailed Notice, and thereafter for six (6) months after the Effective Date of Class Settlement, maintaining (i) the settlement website, xxx.xxxxxxxxxxxxxxxxxxxxxxx.xxx, that will include information about how to contact Class Counsel, a copy of the Class Notice, Claim Form, and Exclusion Form;
2. Promptly furnishing to counsel for the Parties copies a copy of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives;
3. Determining Agreement; and distributing (ii) an 800 number with recorded answers to commonly asked settlement questions and reference to the claimed Settlement Share of each qualifying Final Settlement Class Member in accordance with this Settlement Agreement;settlement website.
4. Keeping track of requests Requests for exclusion Exclusion, including maintaining the original mailing envelope in which the request was mailed;.
5. Preparing and mailingKeeping track of objections, including maintaining the original mailing envelope in accordance with this Settlement Agreement and Order of which the Court, the Named Plaintiffs’ enhancement awards, and Settlement Shares to claiming Final Settlement Class Members;objection was mailed.
6. Performing all tax calculation and reporting duties required by federal, state or local law including the filing and distributing Keeping track of all necessary tax returns and related forms (e.g.other communications from Class Members, 1099s, W-2s, etcincluding maintaining the original mailing envelope in which any communication was mailed.);
7. Referring to Class Counsel all inquiries by Settlement Class Members regarding matters not within the Settlement Administrator’s duties specified herein;
8. Apprising counsel for the Parties of the activities of the Settlement Administrator;
9. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written or electronic communications with Settlement Class Members;.
8. Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion from Class Members (with all contact information redacted); (ii) copies of objections by Class Members (with all contact information redacted); and (iii) all other written or electronic communications received from Class Members (with all contact information redacted).
9. Determining whether Requests for Exclusion comply with the terms of this Agreement and are valid and effective to exclude the submitting Class Member from the Class.
10. Confirming in writing its completion Promptly preparing and distributing any revocation of a Request for Exclusion to the administration submitting Class Member. Revocations shall set forth the reasons for revocation, including the reason(s) the Request for Exclusion fails to comply with the terms of the settlement;this Agreement.
11. Preparing Delivering to the Parties’ counsel in a final report summarizing the number of requests for exclusion and disputes filed;
12. Preparing a declaration attesting to compliance with the requirements set forth above. Such declaration shall be provided to Class Counsel and Defendants’ Counsel and filed with the Court reasonably timely manner, but in no event later than ten (10) Court days prior to before the Final Approval Hearing, or as soon as practicable prior to the Final Approval Hearing if administration is not complete by the above- referenced 10-day deadline;
13. Resolving disputes during the claims administration process in the manner provided under subparagraph C below; and
14. Such other tasks as the Parties mutually agreea written report concerning all Requests for Exclusion, all revocations of Requests for Exclusion, and all objections.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. The duties of the Settlement Administrator Administrator, in addition to any other responsibilities that are described in this Agreement, shall be solely responsible forinclude:
1. Preparing(a) Serving notice as required by the Class Action Fairness Act (“CAFA”), printing and disseminating 28 U.S.C. § 1715, within ten (10) days after the filing of the motion for preliminary approval;
(b) Providing Notice to Settlement Class Members as set forth in this Agreement and/or as otherwise directed by the Class Notice, Claim Form, and Exclusion FormCourt;
2. Promptly furnishing (c) Establishing and maintaining the Settlement Website, which shall bear a URL that is subject to counsel Mowi’s approval, as a means for the Parties copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which to obtain Notice and information about the Settlement Administrator receivesSettlement;
3. Determining (d) Establishing and distributing the claimed Settlement Share of each qualifying Final maintaining a toll-free telephone helpline to which Settlement Class Member in accordance with this Members may refer for information about the Litigation and the Settlement Agreement;
4. Keeping track (e) Establishing and maintaining a system for collecting the submission of electronic Claim Forms that may be submitted to the Settlement Administrator through the Settlement Website;
(f) Providing an address for (i) the submission of Claim Forms that may be mailed to the Settlement Administrator; and (ii) mailed requests for exclusion including maintaining the original mailing envelope in which the request was mailed;
5. Preparing and mailing, in accordance with this Settlement Agreement and Order of the Court, the Named Plaintiffs’ enhancement awards, and Settlement Shares to claiming Final from Settlement Class Members;
6. Performing all tax calculation and reporting duties required by federal, state or local law including the filing and distributing of all necessary tax returns and related forms (e.g., 1099s, W-2s, etc.);
7. Referring g) Responding to Class Counsel all any inquiries by Settlement Class Members regarding matters not within the Settlement Administrator’s duties specified herein;
8. Apprising counsel for the Parties of the activities of the Settlement Administrator;
9. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written or electronic communications with from Settlement Class Members;
10. Confirming in writing its completion (h) Processing and determining the validity of any requests for exclusion by Settlement Class Members;
(i) Providing interim reports on request and, within one hundred forty-eight (148) days after the date of entry of the administration of the settlement;
11. Preparing Preliminary Approval Order, a final report to Settlement Class Counsel and Mowi’s Counsel that summarizes the number of claims received from Settlement Class Members since the prior reporting period, the total number of claims received to date, the number of any claims accepted and denied since the prior reporting period, the total number of claims accepted and denied to date, and any other pertinent information requested by Settlement Class Counsel or Mowi’s Counsel;
(j) Providing interim reports on request, and, within one hundred forty-eight (148) days after the date of entry of the Preliminary Approval Order, a final report to Settlement Class Counsel and Mowi’s Counsel summarizing the number of requests for exclusion received from Settlement Class Members since the prior reporting period, the total number of exclusion requests received to date, the names and disputes filedaddresses of all Settlement Class Members who made a request for exclusion, and any other pertinent information requested by Settlement Class Counsel or Mowi’s Counsel;
12. Preparing a declaration attesting to compliance with the requirements set forth above. Such declaration shall be provided to Class Counsel and Defendants’ Counsel and filed with the Court no (k) No later than ten thirty-five (1035) days prior to before the Final Approval Hearing, or as soon as practicable prior preparing an affidavit to submit to the Final Approval Hearing if Court affirming its compliance with the notice (including CAFA) and settlement administration is not complete by provisions of this Agreement, and identifying any Settlement Class Members who timely and validly requested exclusion from the above- referenced 10-day deadlineSettlement Class;
13. Resolving disputes during (l) Reviewing, determining the claims administration process validity of, and responding to all Claim Forms submitted;
(m) Providing all information to Mowi that Mowi deems necessary before it can perform any of its obligations under this Agreement, including transferring any funds to the Settlement Administrator;
(n) Processing and transmitting Cash Payments to Settlement Class Members as provided in the manner provided under subparagraph C belowthis Agreement;
(o) Paying any invoices, expenses, taxes, fees, and other costs as contemplated by this Agreement or required by law; and
14. Such (p) Performing any other tasks settlement administration-related functions reasonably necessary to effectuate this Agreement, with the consent of both Settlement Class Counsel and Mowi’s Counsel, or as approved or ordered by the Parties mutually agreeCourt.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for:
1. i) Preparing, printing and disseminating to Settlement Class Members the Class Notice, Claim Form, and Exclusion Form;
2. ii) Promptly furnishing to counsel for the Parties Class Counsel and Defense Counsel copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives;
3. iii) Determining and distributing the claimed Individual Settlement Share of Payment to each qualifying Final Settlement Class Member in accordance with this Settlement Agreementand/or PAGA Member;
4. iv) Keeping track of requests for exclusion including maintaining the original mailing envelope in which the request was mailedexclusion;
5. v) Preparing and mailing, in accordance with this Settlement Agreement and Preliminary Approval Order of the Court, Class Counsel’s attorneys’ fees and costs, the Named Plaintiffs’ enhancement incentive awards, and Individual Settlement Shares Payments to claiming Final Settlement Class Members and/or PAGA Members, and the LWDA Payment;
6. vi) Ascertaining current address and addressee information for each Class Notice returned as undeliverable and re-mailing the Class Notice where appropriate and, as necessary, utilizing the National Change of Address Database maintained by the U.S. Postal Service and undertaking customary skip-tracing measures to confirm and/or determine proper addresses;
vii) Performing all tax calculation and reporting duties required by federal, state or state, and/or local law including pertaining to the filing and distributing of all necessary tax returns and related forms Settlement Administrator’s duties (e.g., 1099s, W-2s, etc.);
7. Referring to viii) Apprising Class Counsel all inquiries by Settlement Class Members regarding matters not within the Settlement Administrator’s duties specified herein;
8. Apprising counsel for the Parties and Defense Counsel of the activities of the Settlement Administrator;
9. ix) Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written or electronic communications with Settlement Class Members;
10. x) Confirming with Class Counsel and Defense Counsel, in writing writing, its completion of the administration of the settlementSettlement;
11. xi) Preparing a final report summarizing the number of requests for exclusion and disputes filedreturned during the Response Period, as well as any objections received by the Settlement Administrator;
12. Preparing a declaration attesting to compliance with the requirements set forth above. Such declaration shall be provided to Class Counsel and Defendants’ Counsel and filed with the Court no later than ten (10xii) days prior to the Final Approval Hearing, or as soon as practicable prior to the Final Approval Hearing if administration is not complete by the above- referenced 10-day deadline;
13. Resolving disputes during the claims settlement administration process in the manner provided under subparagraph C Section VI.B. below; and
14. xiii) Such other tasks as the Parties mutually agree.
Appears in 1 contract
Samples: Class Action Settlement Agreement