How Do I Get More Information?. If you have questions regarding the Settlement, you can visit [xxx.xxxxxxxxxxxxxxxxx.xxx], call [phone number], or write to [Settlement Administrator] at [mailing address]. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and can be reviewed in person during regular business hours at the Office of the Clerk of the United States District Court for the Western District of New York, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000. All persons, except Defendants and their immediate family members, who were participants in or beneficiaries of the M&T Bank Corporation Retirement Savings Plan, at any time during the Class Period from May 11, 2010 through September 30, 2019. • The Court has given its preliminary approval to a proposed settlement (the “Settlement”) for the Plan as a result of a class action lawsuit brought by certain current or former participants in the Plan against M&T Bank Corporation and other alleged parties-in-interest and/or fiduciaries of the Plan (collectively, “Defendants”), alleging violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Defendants deny all claims, and nothing in the Settlement is an admission or concession on Defendants’ part of any fault or liability whatsoever. • The Settlement will provide, among other things, for the allocation of monies to Class Members. Class Members with one or more accounts with a positive balance (an “Active Account”) in the Plan as of September 30, 2019 (referred to herein as “Current Participants”) will automatically receive allocations directly to their accounts so long as they maintain a positive balance through the time Settlement monies are distributed. Class Members who did not have an Active Account as of September 30, 2019 (referred to herein as “Former Participants”) must submit a claim form to be deemed an “Authorized Former Participant” and receive an allocation, and may receive their allocation in the form of a check or a rollover. Current Participants who have an Active Account as of September 30, 2019, but who are determined to no longer have an Active Account as of the date of their settlement payments will be treated as “Authorized Former Participants” and will receive an allocation by check. • The terms and conditions of the Settlement are set forth in the Class Action Settlement Agreement dated [Date of SA]. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Certain other documents also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and can also be reviewed in person during regular business hours at the Office of the Clerk of the United States District Court for the Western District of New York, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000. • Your rights and the choices available to you—and the applicable deadlines to act—are explained in this Settlement Notice. Please note that neither any M&T Bank Corporation affiliate nor any employees or representatives of an M&T Bank Corporation affiliate may advise you as to what the best choice is for you or how you should proceed. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A Fairness Hearing will take place on [DATE], at [TIME] before the Xxxxxxxxx Xxxxxxxx XxXxxxxx at the Xxxxxx X. Xxxxxxx United States Courthouse, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000, in Courtroom [XX], to determine whether to grant final approval of the Settlement and approve the requested Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Compensation. • Any objections to the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation, must be served in writing on Class Counsel and Defense Counsel, as identified on page 8 of this Settlement Notice. Our Records Indicate You Are A Former Participant. You Must Mail A Claim Form Postmarked On Or Before [DATE] To Receive Any Monies From The Settlement Our records indicate that you are a Former Participant. You must mail a Former Participant Claim Form postmarked on or before [DATE] to receive your share of the Net Settlement Amount. The Former Participant Claim Form is included with this Notice. If you do not mail the Former Participant Claim Form postmarked on or before [DATE], you will forfeit your share of the Net Settlement Amount. You Can Object (No Later Than [DATE]) If you wish to object to any part of the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation, you must file an objection and any supporting documents with the Clerk of the Court and provide copies to Class Counsel and Defense Counsel (as identified on page 8 below) about why you object by [DATE]. You Can Attend A Hearing on [DATE] You may also attend the Fairness Hearing on [DATE], but you may only speak at the Fairness Hearing if you file and serve a notice of intent to appear by [DATE]. You will not be permitted to make an objection if you do not comply with the requirements for making objections.
Appears in 1 contract
Samples: Class Action Settlement Agreement
How Do I Get More Information?. For more information, including the full Notice, Claim Form and Settlement Agreement go to [hyperlink], contact the settlement administrator at 1 or Fandango Privacy Settlement Administrator, [address], or contact Class Counsel at xxxxx@xxxxxx.xxx. Lemonade Privacy Settlement Administrator c/o [Settlement Administrator] PO Box 0000 City, ST 00000-0000 Our Records Indicate You Have Applied For A Life Insurance Quote On Xxxxxxxx.xxx, Either Directly or Through xxx.xxxxxx.xxx or xxx.xxxxxxxxxxxxxxxxxxxx.xxx, and Are Entitled to a Payment From a Class Action Settlement. A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer. • A settlement has been reached in a class action lawsuit against Lemonade, Inc. The class action lawsuit accuses Lemonade, Inc. of disclosing its applicants’ personally identifiable information (“PII”) and protected health information (“PHI”) to third parties without consent in violation state and federal law. Defendant denies that it violated any law, but has agreed to the Settlement to avoid the uncertainties and expenses associated with continuing the case. • You are included if you are a person who accessed xxxxxxxx.xxx, either directly or through xxx.xxxxxx.xxx or xxx.xxxxxxxxxxxxxxxxxxxx.xxx, and entered answers to health-related questions on an application for life insurance in the United States between March 15, 2021 and September 28, 2023. • If you have questions regarding approved by the Court, Defendant will establish a Settlement Benefit Cap of $4,995,000.00 to pay all valid claims submitted by the Settlement Class, together with notice and administration expenses, attorneys’ fees and costs, and incentive awards. Under the terms of the Settlement, you can visit [xxx.xxxxxxxxxxxxxxxxx.xxx], call [phone number]may receive up to a $14.86 Cash Payment. The Settlement also requires Defendant to suspend the disclosure of PHI to third parties. • Read this notice carefully. Your legal rights are affected whether you act, or write don’t act. SUBMIT A CLAIM FORM BY [DATE] This is the only way to receive a Cash Payment. EXCLUDE YOURSELF BY [Settlement AdministratorDATE] at [mailing address]. All papers filed You will receive no benefits, but you will retain any rights you currently have to sue the Defendant about the claims in this lawsuit are also available for review via case. OBJECT BY [DATE] Write to the Public Access Court explaining why you don’t like the Settlement. GO TO THE HEARING BY [DATE] Ask to speak in Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and can be reviewed in person during regular business hours at the Office about your opinion of the Clerk of the United States District Court for the Western District of New York, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000Settlement. All persons, except Defendants and their immediate family members, who were participants in or beneficiaries of the M&T Bank Corporation Retirement Savings Plan, at any time during the Class Period from May 11, 2010 through September 30, 2019. • The Court has given its preliminary approval to DO NOTHING You won’t get a proposed settlement (the “Settlement”) for the Plan as a result of a class action lawsuit brought by certain current or former participants in the Plan against M&T Bank Corporation and other alleged parties-in-interest and/or fiduciaries of the Plan (collectively, “Defendants”), alleging violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Defendants deny all claims, and nothing in the Settlement is an admission or concession on Defendants’ part of any fault or liability whatsoever. • The Settlement will provide, among other things, for the allocation of monies to Class Members. Class Members with one or more accounts with a positive balance (an “Active Account”) in the Plan as of September 30, 2019 (referred to herein as “Current Participants”) will automatically receive allocations directly to their accounts so long as they maintain a positive balance through the time Settlement monies are distributed. Class Members who did not have an Active Account as of September 30, 2019 (referred to herein as “Former Participants”) must submit a claim form to be deemed an “Authorized Former Participant” and receive an allocation, and may receive their allocation in the form of a check or a rollover. Current Participants who have an Active Account as of September 30, 2019, but who are determined to no longer have an Active Account as of the date of their settlement payments will be treated as “Authorized Former Participants” and will receive an allocation by check. • The terms and conditions share of the Settlement are benefits and will give up your rights to sue the Defendant about the claims in this case as set forth in the Class Action Settlement Agreement dated [Date of SA]. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them release contained in the Settlement Agreement. The Settlement Agreement is available at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Certain other documents also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and can also be reviewed in person during regular business hours at the Office of the Clerk of the United States District Court for the Western District of New York, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000. • Your rights and the choices available to youoptions—and the applicable deadlines to actexercise them—are explained in this Settlement Notice. Please note that neither any M&T Bank Corporation affiliate nor any employees or representatives of an M&T Bank Corporation affiliate may advise you as to what the best choice is for you or how you should proceed. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A Fairness Hearing will take place on [DATE], at [TIME] before the Xxxxxxxxx Xxxxxxxx XxXxxxxx at the Xxxxxx X. Xxxxxxx United States Courthouse, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000, in Courtroom [XX], to determine whether to grant final approval of the Settlement and approve the requested Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Compensation. • Any objections to the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation, must be served in writing on Class Counsel and Defense Counsel, as identified on page 8 of this Settlement Notice. Our Records Indicate You Are A Former Participant. You Must Mail A Claim Form Postmarked On Or Before [DATE] To Receive Any Monies From The Settlement Our records indicate that you are a Former Participant. You must mail a Former Participant Claim Form postmarked on or before [DATE] to receive your share of the Net Settlement Amount. The Former Participant Claim Form is included with this Notice. If you do not mail the Former Participant Claim Form postmarked on or before [DATE], you will forfeit your share of the Net Settlement Amount. You Can Object (No Later Than [DATE]) If you wish to object to any part of the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation, you must file an objection and any supporting documents with the Clerk of the Court and provide copies to Class Counsel and Defense Counsel (as identified on page 8 below) about why you object by [DATE]. You Can Attend A Hearing on [DATE] You may also attend the Fairness Hearing on [DATE], but you may only speak at the Fairness Hearing if you file and serve a notice of intent to appear by [DATE]. You will not be permitted to make an objection if you do not comply with the requirements for making objections.
Appears in 1 contract
Samples: Class Action Settlement Agreement
How Do I Get More Information?. If you have questions regarding For more information, including a more detailed Class Notice, a copy of the SettlementSettlement Agreement and other documents, you can visit go to xxx.XXXxxxxxxxxxxXxxxxxxxxx.xxx, contact the settlement administrator by calling (800) 000-000 or by writing to Earth Rated Settlement Administrator, [xxx.xxxxxxxxxxxxxxxxx.xxx], call [phone numberaddress], or write to contact Class Counsel by calling (000) 000-0000. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK IF YOU PURCHASED ONE OR MORE UNITS OF EARTH RATED CERTIFIED COMPOSTABLE POOP BAGS BETWEEN OCTOBER 28, 2015 AND [Settlement Administrator] at [mailing addressNOTICE DATE]. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and can be reviewed in person during regular business hours at the Office of the Clerk of the United States District Court for the Western District of New York, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000. All persons, except Defendants and their immediate family members, who were participants in or beneficiaries of the M&T Bank Corporation Retirement Savings Plan, at any time during the Class Period from May 11, 2010 through September 30, 2019YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT. • The Court A settlement has given its preliminary approval to a proposed settlement (the “Settlement”) for the Plan as a result of been reached in a class action lawsuit brought by certain current or former participants in the Plan against M&T Bank Corporation 9199-4467 Quebec Inc. d/b/a Earth Rated (“Earth Rated”). Plaintiffs Xxxxxxx Xxxxxx and other alleged parties-in-interest and/or fiduciaries of the Plan Xxxxxxx Xxxxx (collectively, the “DefendantsClass Representatives”)) allege that they were misled into believing that Earth Rated Certified Compostable Poop Bags (the “Certified Compostable Poop Bags”) were “compostable.” Earth Rated claims these particular products are compostable. Thus, alleging violations Earth Rated denies all allegations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Defendants deny all claimswrongdoing, and nothing in the Settlement Court has not determined who is an admission or concession on Defendants’ part of any fault or liability whatsoeverright. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation. • The Settlement will provide, among other things, for the allocation of monies to Class Members. Class Members with You are included if you purchased one or more accounts with a positive balance (an “Active Account”) units of Certified Compostable Poop Bags between October 28, 2015, and [NOTICE DATE]. • Those included in the Plan as settlement will be eligible to receive a payment from the Settlement Fund of September 30$2.00 per Certified Compostable Poop Bag purchased, 2019 (referred up to herein as “Current Participants”) will automatically receive allocations directly to their accounts so long as they maintain a positive balance through the time Settlement monies are distributed. $6.00 for those Class Members who did not have an Active Account as without proof of September 30, 2019 (referred to herein as “Former Participants”) must submit a claim form to be deemed an “Authorized Former Participant” and receive an allocationpurchase, and may $2.00 per Certified Compostable Poop Bag purchased, subject to no cap for those with proof of purchase. • Read this notice carefully. Your legal rights are affected whether you act, or don’t act. FILE A CLAIM BY [CLAIMS DEADLINE] The only way to receive their allocation a payment. By participating in the form of a check or a rollover. Current Participants who have an Active Account as of September 30settlement, 2019, but who are determined to no longer have an Active Account as of the date of their settlement payments you will be treated as “Authorized Former Participants” and will receive an allocation bound by check. • The the terms and conditions of the Settlement are set forth in Agreement and will give up certain rights. EXCLUDE YOURSELF BY [EXCLUSION DEADLINE] You will receive no benefits, but you will retain any rights you currently have to sue the Class Action Settlement Agreement dated [Date of SA]. Capitalized terms used Defendant about the claims in this Settlement Notice but case. OBJECT BY [OBJECTION DEADLINE[ Write to the Court explaining why you don’t like the settlement. GO TO THE FINAL APPROVAL HEARING ON [DATE] Ask to speak in Court about your opinion of the settlement. DO NOTHING You will not defined get a share of the settlement benefits and will give up your rights to sue Defendant about the issues in this Settlement Notice have the meanings assigned to them in the Settlement Agreementcase. The Settlement Agreement is available at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Certain other documents also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and can also be reviewed in person during regular business hours at the Office of the Clerk of the United States District Court for the Western District of New York, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000. • Your These rights and the choices available to youoptions—and the applicable deadlines to actexercise them—are explained in this Settlement Notice. Please note that neither any M&T Bank Corporation affiliate nor any employees or representatives of an M&T Bank Corporation affiliate may advise you as to what the best choice is for you or how you should proceed. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A Fairness Hearing will take place on [DATE], at [TIME] before the Xxxxxxxxx Xxxxxxxx XxXxxxxx at the Xxxxxx X. Xxxxxxx United States Courthouse, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000, in Courtroom [XX], to determine whether to grant final approval of the Settlement and approve the requested Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Compensation. • Any objections to the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation, must be served in writing on Class Counsel and Defense Counsel, as identified on page 8 of this Settlement Notice. Our Records Indicate You Are A Former Participant. You Must Mail A Claim Form Postmarked On Or Before [DATE] To Receive Any Monies From The Settlement Our records indicate that you are a Former Participant. You must mail a Former Participant Claim Form postmarked on or before [DATE] to receive your share of the Net Settlement Amount. The Former Participant Claim Form is included with this Notice. If you do not mail the Former Participant Claim Form postmarked on or before [DATE], you will forfeit your share of the Net Settlement Amount. You Can Object (No Later Than [DATE]) If you wish to object to any part of the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation, you must file an objection and any supporting documents with the Clerk of the Court and provide copies to Class Counsel and Defense Counsel (as identified on page 8 below) about why you object by [DATE]. You Can Attend A Hearing on [DATE] You may also attend the Fairness Hearing on [DATE], but you may only speak at the Fairness Hearing if you file and serve a notice of intent to appear by [DATE]. You will not be permitted to make an objection if you do not comply with the requirements for making objections.
Appears in 1 contract
Samples: Class Action Settlement Agreement
How Do I Get More Information?. If you have questions regarding You can inspect many of the Settlement, you can visit [xxx.xxxxxxxxxxxxxxxxx.xxx], call [phone number], or write to [court documents connected with this case on the Settlement Administrator] at [mailing address]Website. All Other papers filed in this lawsuit are available by accessing the Court docket in this case available through PACER (xxxx://xxx.xxxxx.xxx). You can contact the Claim Administrator at [address] or by telephone at [phone number]. You can also available for review via obtain additional information by contacting Class Counsel: Xxxxx X. XxXxxxx GUTRIDE XXXXXX LLP 000 Xxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxxxx, XX 00000 Tel: 000-000-0000 Please do not address any questions about the Public Access Settlement or Litigation to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and can be reviewed in person during regular business hours at the Office of the Clerk of the Court or the Judge. To: [Customer email address] From: Class Action Claim Administrator Subject: Notice of Class Action Settlement – [Claimant Identification Number] You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons between June 1, 2015 and April 30, 2018 that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons purchased during that period. If the Settlement is approved, you will automatically receive the following: - One Promotional Code worth [SPECIFIC AMOUNT FOR CLASS MEMBER] towards a future purchase from Xxxxxxxxxx.xxx. [repeat prior line for each promotional code] - [number] of Shipping Code[s]. Each Shipping Code can be used for free shipping on a future purchase from Xxxxxxxxxx.xxx. You do not need to submit a Claim to receive these benefits. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED]: Instead of the Shipping and Promotional Codes set forth above, you have the right to make a claim to receive a cash refund for [SPECIFIC AMOUNT FOR CLASS MEMBER]. Read below for information about how to file your Claim. For more information about the method used to calculate the amount of the settlement benefits you may receive, review the Long Form notice available at xxx.xxxxxxxxxxxxxxxxxxxxxxxxx.xxx. A class action Settlement has been reached in a case against Shutterfly, Inc (“Shutterfly”). The case alleges that Xxxxxxxxxx engaged in false and misleading advertising of deals on Xxxxxxx.xxx. These deals were in the form of “$X for $Y to Spend at Shutterfly.” They are referred to in the lawsuit as the “Shutterfly General Spend Groupons.” Plaintiff alleges that Shutterfly failed to disclose to purchasers that they would receive a promotional code that could only be used toward full priced items and could not be combined with any other discounts offered on the Shutterfly website, including product discounts and free shipping. Shutterfly denies any wrongdoing, and the Court has made no determination about whether Plaintiff’s allegations or Xxxxxxxxxx’s defenses have merit. The lawsuit is Xxxxxx v. Shutterfly, Inc., in United States District Court for the Western Northern District of New YorkCalifornia, 0 Xxxxxxx XxxxxxCase No. 5:18-cv-00266-BLF. The Settlement requires Shutterfly to change its business practices and compensate consumers. You are an eligible Class Member if you are a United States resident who, Xxxxxxx, XX 00000. All persons, except Defendants and their immediate family members, who were participants in or beneficiaries of the M&T Bank Corporation Retirement Savings Plan, at (i) purchased Shutterfly General Spend Groupon any time during the Class Period from May 11between June 1, 2010 through September 2015 to April 30, 20192018 that was never redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon purchased during that period. • The Court has given its preliminary approval You do not need to file a proposed settlement (claim to obtain the “Settlement”) for the Plan as a result of a class action lawsuit brought by certain current or former participants in the Plan against M&T Bank Corporation Shipping and other alleged parties-in-interest and/or fiduciaries of the Plan (collectively, “Defendants”), alleging violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)Promotional Codes set forth above. Defendants deny all claims, and nothing in Those will be sent to you automatically if the Settlement is an admission approved. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED SHUTTERFLY GENERAL SPEND GROUPON(S)]: However, if you want a Cash Refund instead of the Shipping and Promotional Codes, you must file a claim online or concession on Defendants’ part of any fault or liability whatsoever. • The Settlement will provide, among other things, for the allocation of monies to Class Members. Class Members with one or more accounts with a positive balance (an “Active Account”) in the Plan as of September 30, 2019 (referred to herein as “Current Participants”) will automatically receive allocations directly to their accounts so long as they maintain a positive balance through the time Settlement monies are distributed. Class Members who did not have an Active Account as of September 30, 2019 (referred to herein as “Former Participants”) must submit print a claim form to be deemed an “Authorized Former Participant” and receive an allocationmail in, and may receive their allocation in the form of a check or a rolloverclick <link>here</link>. Current Participants who have an Active Account as of September 30The deadline to submit claims is [Date]. If your claim is valid, 2019, but who are determined to no longer have an Active Account as of the date of their settlement payments will be treated as “Authorized Former Participants” and you will receive an allocation by check. • The terms and conditions of the Settlement are set forth in the Class Action Settlement Agreement dated [Date of SA]. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreementcash refund amount shown above. The Settlement Agreement is available at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Certain also requires Shutterfly to ensure that their advertising of Shutterfly General Spend Groupons discloses to consumers that they will receive a promotional code that cannot be combined with any other documents also will be posted on that websiteShutterfly promotional codes or shipping codes. You should visit that website if may make Object, Opt-Out, or do nothing. If you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and can also be reviewed in person during regular business hours at the Office Opt-Out of the Clerk of the United States District Court for the Western District of New York, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000. • Your rights and the choices available to you—and the applicable deadlines to act—are explained in this Settlement Notice. Please note that neither any M&T Bank Corporation affiliate nor any employees or representatives of an M&T Bank Corporation affiliate may advise you as to what the best choice is for you or how you should proceed. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A Fairness Hearing will take place on [DATE], at [TIME] before the Xxxxxxxxx Xxxxxxxx XxXxxxxx at the Xxxxxx X. Xxxxxxx United States Courthouse, 0 Xxxxxxx Xxxxxx, Xxxxxxx, XX 00000, in Courtroom [XX], to determine whether to grant final approval of the Settlement and approve the requested Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Compensation. • Any objections to the Settlement, you may pursue a separate lawsuit, but you will not receive Shipping and Promotional Codes [or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensation, a Cash Refund]. Your Opt-Out request must be served in writing on Class Counsel and Defense Counsel, as identified on page 8 of this Settlement Notice. Our Records Indicate You Are A Former Participant. You Must Mail A received by the Claim Form Postmarked On Or Before Administrator by [DATE] To Receive Any Monies From The Settlement Our records indicate that you are a Former Participant. You must mail a Former Participant Claim Form postmarked on or before [DATE] to receive your share of the Net Settlement Amount. The Former Participant Claim Form is included with this NoticeDate]. If you do not mail Opt- Out, you give up your right to bring a separate lawsuit. To object, you must submit a written Objection that complies with the Former Participant Claim Form postmarked on or before requirements in the applicable Settlement Notice available at xxx.xxxxxxxxxxxxxxxxxxxxxxxxx.xxx. Your Objection must be filed with the Court by [DATEDate]. If you do nothing and you are a Class Member, you will forfeit your share be releasing claims against Xxxxxxxxxx that relate to the allegations in the lawsuit. The Court presiding over the case will hold a Fairness Hearing to review the Settlement. This hearing will be held on [Date], in the U.S. District Court for the Northern District of California, 000 Xxxxx 0xx Xxxxxx, Xxx Xxxx, XX 00000, before the Xxxxxxxxx Xxxx Xxxxxx Freeman. The Court will decide whether to approve the Settlement and to make certain awards to be paid by Xxxxxxxxxx, including whether to award Attorneys’ Fees and Costs of up to $350,000, plus $5,000 to the Plaintiff as a Class Representative Incentive Award. The Application for Attorneys’ Fees and Expenses is available on xxx.xxxxxxxxxxxxxxxxxxxxxxxxx.xxx. You may, but don't have to, attend the hearing. Shipping Codes and Promotional Codes will be issued to the Class Me m b er s only if the Settlement is approved and any Objections are resolved. Please be patient. For more information, visit xxx.xxxxxxxxxxxxxxxxxxxxxxxxx.xxx or contact the Claim Administrator at [phone number] or [mailing address]. Please do not telephone the Court to inquire about this settlement. Settlement Claims Administrator [Address] [Phone] ||||||||||||||||||||||| Postal Service: Please do not mark barcode «Claimant ID» «First1» «Last1» «C/O» «Addr1» «Addr2» «City», «St» «Zip» Claimant Id: [ID] A proposed class action settlement has been reached with Shutterfly Inc. (“Defendant”), regarding its advertisement and sale of Shutterfly General Spend Groupons. The settlement resolves a lawsuit entitled Xxxxxx v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF (the “Lawsuit”), United States District Court, Northern District of California (the “Court”). The Court authorized this notice. The Lawsuit alleges that Defendant falsely advertised deals it sold on Xxxxxxx.xxx for a price paid (“Paid Value”) which could be redeemed at a greater dollar value (“Promotional Value”) towards a Shutterfly purchase (“Shutterfly General Spend Groupons”) by failing to disclose that the Groupon could not be redeemed at the same time as any other discounts offered on the Shutterfly website, including product discounts and free shipping. Defendants deny all allegations and claims. The Court has not decided the Lawsuit, but the parties have agreed to a class settlement to resolve the dispute. You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons. If the Settlement is approved, you will automatically receive the following benefits: The settlement website, xxx.xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, also contains a more detailed notice of the Net Settlement Amountterms of the settlement, answers to frequently asked questions, and other information about the Lawsuit. You Can Object (No Later Than [DATE]) If you cannot access the website, you can obtain detailed notice by contacting the Claim Administrator at the address or phone number on the reverse side of this card. If the settlement is approved by the Court, any legal claims you have against the Defendants that were or could have been raised in the Lawsuit related to the allegations in the Lawsuit will be released. If you wish to object preserve your right to any part of the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representative Compensationbring a separate lawsuit, you must file an objection and any supporting documents with the Clerk opt out of the settlement. Alternatively, you have the right to object to the settlement. Your opt-out request or objection must be received by [Date]. For details on how to opt-out or object, visit the settlement website at xxx.xxxxxxxxxxxxxxxxxxxxxxxxx.xxx. The Court and provide copies will hold a final approval hearing on [Date] at [Time] to consider whether to approve the settlement. Class Counsel will ask the Court to award them $350,000 in fees, costs and Defense Counsel (expenses, and $5,000 as identified on page 8 below) about why you object by [DATE]an incentive to the consumer who started the Lawsuit. You Can Attend A Hearing on [DATE] You may also attend appear at the Fairness Hearing on [DATE]hearing, but you may only speak at the Fairness Hearing if you file and serve a notice of intent to appear by [DATE]. You will not be permitted to make an objection if you do not comply with the requirements for making objections.have to. To: [Customer email address] From: Class Action Claim Administrator Subject: Class Action Settlement Benefits Inside
Appears in 1 contract
Samples: Class Action Settlement Agreement