Notice and Claims Administration. 52. The Parties shall jointly agree on a notice (or notices) to the Class and the means of publication of the notice (or notices) as well as the process for administering Settlement Payments, all subject to the Federal Court’s approval.
Notice and Claims Administration. 4.1 Upon execution of this Agreement, the NABP, through the designated Claims Administrator, will compile the names, last-known addresses, and email addresses of the Settlement Class Members for whom the NABP can reasonably ascertain mailing and email addresses from a review of its records. Notice shall be accomplished as set forth in this Section.
Notice and Claims Administration. A. The Settlement shall be administered by a Class Administrator to be selected jointly by Class Counsel and Xxxxxxxx.
Notice and Claims Administration. Xxxxxx will select, subject to the Representative Plaintiffs’ approval with such approval not to be unreasonably withheld, a Settlement Administrator who will be charged with delivering sufficient notice (including direct notice) and administering the claims process. Xxxxxx will pay the entirety of the Costs of Settlement Administration, subject to the cap set forth in Paragraph 2.4 below.
Notice and Claims Administration. Class Counsel agree to provide, and shall bear the expense of providing, all notices required by this Settlement Agreement, including the cost of printing, copying, and mailing the Notice of Proposed Settlement of Class Action and Proof of Claim form, as well as publication of a short form notice of the proposed settlement as set forth in Section III.4. herein, in addition to any other such notice as the Court may require. Class Counsel shall have the right and option to mail notices at their expense, or to engage a private vendor to conduct such mailing or otherwise deliver said notices. Class Counsel may include these expenses in their request for reimbursement of expenses from the Gross Settlement Proceeds.
Notice and Claims Administration. 21 The Notice Plain provides notice to class members by publication, rather than directly, but 22 this is appropriate here where the evidence is undisputed that the parties do not know the names 23 or contact information for class members, as the purchases were made at retail and Defendant is a 24 wholesaler. Under these circumstances, individualized notice was not required or reasonably 25 practicable. See, e.g., Briseno v. ConAgra Foods, Inc., 844 F.3d 1121, 1129 (9th Cir. 2017) 26 (recognizing that Rule 23 “does not insist on actual notice to all class members;” and “courts have 27 routinely held that notice by publication in a periodical, on a website, or even at an appropriate 28 physical location is sufficient to satisfy due process”); In re Toys R Us-Delaware, Inc. FACTA 1 Litigation, 000 X.X.X. 000, 000 (X.X. Cal. 2014) (“When the court certifies a nationwide class of 2 persons whose addresses are unknown, notice by publication is reasonable.”). The Court reaffirms 3 the finding it made in the order granting preliminary approval that the published notice plan 4 provided the best practicable notice to the members of the class and satisfied the requirements of 5 due process. The Court also finds, based on the evidence described above, that the notice plan
Notice and Claims Administration. 28 The Notice Plan provides notice to class members directly. The Court reaffirms the finding it made in the order granting preliminary approval that the notice plan provided the best practicable notice to the members of the class and satisfied the requirements of due process. The Court also finds, based on the evidence described above, that the notice plan reached at least [percent]% of the settlement class members an estimated average of [number] times each. (Dkt. .) This notice comports with due process. See, e.g., Xxxxxxx x. Xxxxxx, Ltd., Xx. XX000000XXXXXXX, 0000 X.X. Xxxx. XXXXX 000000, at *3 (C.D. Cal. May 7, 2013) (approving a notice plan reaching 77%); In re: Whirlpool Corp. Front–Loading Washer Prod. Liab. Litig., No. 1:08-WP-65000, 2016 U.S. Dist. LEXIS 130467, at *9 (N.D. Ohio Sept. 23, 2016) (approving notice plan reaching approximately 77.5 percent of Class Members).
Notice and Claims Administration. The Claims Administrator shall use the Notice Database to identify potential Settlement Class Members pursuant to Sections 5.01-5.03 above and to implement the notice and claims process set forth below.
Notice and Claims Administration. As described in Section 3, Trinity Industries, Inc. agrees to pay the reasonable costs of notice to the Class Members and claims administration. However, Defendants’ obligation to pay the cost of notice and claims administration is capped at $175,000 (USD). Notwithstanding the foregoing, to the extent Defendants challenge the Settlement Administrator’s decision to approve a Class Member’s claim, Trinity Industries, Inc. will separately be responsible for the administrative costs associated with the challenge, which the Settlement Administrator will separately track and bill to Trinity Industries, Inc. Administrative costs incurred by the Settlement Administrator related to any challenge by Defendants will not count toward the $175,000 notice and administration cap.
Notice and Claims Administration
