Common use of Notice/Approval of Settlement Agreement Clause in Contracts

Notice/Approval of Settlement Agreement. The Parties agree to the following procedures for obtaining preliminary approval of the Settlement, certifying the Class for purposes of settlement, notifying the Class Members, obtaining final approval of the Settlement, and implementing payments of Settlement Awards: The Parties shall file a motion with the District Court to obtain preliminary approval of the Settlement in conformity with this Agreement (“Preliminary Approval Motion”) within twenty-one (21) days of the execution of this Agreement by all parties. 1. The Parties will ask the District Court to enter an order (the “Preliminary Approval Order”) preliminarily approving the Settlement and this Agreement, approving the form of the Notice, approving the method of submission of the Notice to the Class and the claims process, and setting a date for a Final Fairness Hearing to determine whether the Court will grant final approval of the Settlement. 2. The Plaintiffs will ask the Court to certify the Class for purposes of settlement, finding Plaintiffs to be adequate and typical class representatives of the Class for purposes of settlement and certifying Plaintiffs’ attorneys as Class Counsel. Solely for purposes of the claims that are subject to this Agreement, and without prejudice to SEIU 775’s right to object to class certification in the event the district court does not issue final approval of the Settlement or if the Settlement otherwise becomes null and void, SEIU 775 agrees that Plaintiffs satisfy the elements of Rule 23 for class certification and stipulates to certification of the Class for settlement purposes only. More specifically, the parties stipulate and agree only for purposes of settling the Case that: a. The Class is so numerous as to make it impracticable to join all Class Members. b. There is an ascertainable Class. c. There are common questions of law and fact including, but not necessarily limited to, the following: i. Under what circumstances does the First Amendment prohibit the collection of dues from public employees without affirmative consent? ii. What actions constitute affirmative consent for the purpose of the collection of dues from public employees? iii. Under what circumstances do bargaining unit members who paid dues without affirmative consent suffer a cognizable constitutional injury? iv. Whether the good faith defense bars § 1983 claims for dues refunds where the Union collected dues and fees in accordance with a presumptively constitutional state statute? v. Whether Washington recognizes a claim for unjust enrichment where Washington law authorized the Union’s collection of the dues and fees for which restitution is sought? d. Plaintiffs Routh, Eby, and Xxxxx’x claims are typical of the claims of members of the Objector Sub-Class. Plaintiffs Xxxx and Xxxxx Xxxxxxx’x claims are typical of the claims of the members of the Non-Objector Sub-Class. e. For the purposes of settlement only, plaintiffs Routh, Eby and Xxxxx are adequate representative of the Objector Sub-Class. For the purposes of settlement, plaitniffs Xxxx and Xxxxx Xxxxxxx are adequate representatives of the Non-Objector Sub-Class. f. For the purposes of settlement, questions of law and fact common to the members of the Class predominate over questions affecting individual members in the Class and a class action is superior to other available means for the fair and efficient adjudication of the controversy.

Notice/Approval of Settlement Agreement. The As part of this Settlement, the Parties agree to the following procedures for obtaining preliminary Superior Court approval of the Settlement, certifying the Class for purposes of settlementSettlement Classes, notifying the Settlement Class Members, obtaining final Superior Court approval of the Settlement, and implementing payments payment of Settlement Awards: The Parties Awards to Qualified Class Members: 1. Plaintiffs shall file a motion with the District Superior Court to obtain preliminary approval of the Settlement in conformity with this Agreement (“Preliminary Approval Motion”) within twenty-one (21) days Agreement. Included in this motion will be a request to stay all proceedings in this Lawsuit except those related to the effectuation of the execution Settlement. 2. For purposes of this Agreement by all parties. 1. The Settlement, the Parties will ask the District Superior Court to enter an order (certifying the “Preliminary Approval Order”) Settlement Classes, finding Plaintiffs to be adequate and typical class representatives for the Settlement Classes for purposes of settlement, finding that there are common issues that predominate over individualized issues for purposes of settlement, certifying Plaintiffs' attorneys as adequate Class Counsel for the Settlement Classes, preliminarily approving the Settlement and this Agreement, approving the form of the Notice, approving the method of submission of the Notice and its mailing to the Class and the claims processSettlement Classes, and setting a date for a Final Fairness Hearing to determine whether the Court will grant final approval of the SettlementSettlement and this Agreement (the "Preliminary Approval Order"). 23. The Plaintiffs Defendant will ask cooperate with the Court Settlement Administrator and Class Counsel to certify provide current or last known contact information for all Settlement Class Members for notice purposes, including assisting the Settlement Administrator and Class Counsel in finding addresses for purposes of settlementthose Settlement Class Members whose last known addresses are incorrect or no longer valid. 4. Subject to the Superior Court's approval, finding Plaintiffs to the Notice shall be adequate and typical class representatives provided using the following procedures: a. Within fourteen (14) days of the date the Superior Court issues the Preliminary Approval Order, the Settlement Administrator shall mail and email the Notice to all Settlement Class Members ("Initial Mailing Date") in the form attached as Exhibit 1 hereto, and shall provide counsel for purposes of settlement and certifying Plaintiffs’ attorneys as Class Counsel. Solely for purposes the Parties with a copy of the claims mail-merge spreadsheet used for the Notice mailings, which will include the estimated settlement award for each Settlement Class Member. b. The Notice shall provide that are subject to this Agreement, Settlement Class Members who do not opt out and without prejudice to SEIU 775’s right who wish to object to class certification in the event the district court does not issue final approval of the Settlement or if must file with the Court and submit to counsel for the Parties a written statement objecting to the Settlement otherwise becomes null and void, SEIU 775 agrees that Plaintiffs satisfy on or before the elements of Rule 23 for class certification and stipulates to certification of the Class for settlement purposes only. More specifically, the parties stipulate and agree only for purposes of settling the Case that: a. The Class is so numerous as to make it impracticable to join all Class MembersObjection/Opt-Out Deadline ("Objection"). b. There is an ascertainable Class. c. There are common questions of law and fact including, but not necessarily limited to, the following: i. Under what circumstances does the First Amendment prohibit the collection of dues from public employees without affirmative consent? ii. What actions constitute affirmative consent for the purpose of the collection of dues from public employees? iii. Under what circumstances do bargaining unit members who paid dues without affirmative consent suffer a cognizable constitutional injury? iv. Whether the good faith defense bars § 1983 claims for dues refunds where the Union collected dues and fees in accordance with a presumptively constitutional state statute? v. Whether Washington recognizes a claim for unjust enrichment where Washington law authorized the Union’s collection of the dues and fees for which restitution is sought? d. Plaintiffs Routh, Eby, and Xxxxx’x claims are typical of the claims of members of the Objector Sub-Class. Plaintiffs Xxxx and Xxxxx Xxxxxxx’x claims are typical of the claims of the members of the Non-Objector Sub-Class. e. For the purposes of settlement only, plaintiffs Routh, Eby and Xxxxx are adequate representative of the Objector Sub-Class. For the purposes of settlement, plaitniffs Xxxx and Xxxxx Xxxxxxx are adequate representatives of the Non-Objector Sub-Class. f. For the purposes of settlement, questions of law and fact common to the members of the Class predominate over questions affecting individual members in the Class and a class action is superior to other available means for the fair and efficient adjudication of the controversy.

Notice/Approval of Settlement Agreement. The Parties agree to the following procedures for obtaining preliminary approval of the Settlement, certifying the Settlement Class solely for purposes of settlementobtaining the District Court’s approval of the Settlement, notifying putative Settlement Class Members of the Class MembersSettlement, obtaining final approval of the Settlement, and implementing payments the payment of Settlement Awards: The Parties Awards to Qualified Settlement Class Members: 1. Plaintiffs shall file a motion with the District Court to obtain preliminary approval of the Settlement in conformity with this Agreement (“Preliminary Approval Motion”) Agreement, which motion shall be filed within twenty-one (21) calendar days of the execution of this Agreement by all partiesParties. 12. The Parties In their preliminary settlement approval motion, Plaintiffs will ask request that the District Court to enter an order (the “Preliminary Approval Order”) (a) certifying the Settlement Class solely for purposes of settlement, (b) finding Plaintiffs to be adequate and typical representatives of the Settlement Class, (c) approving Plaintiffs’ attorneys as Settlement Class Counsel, (d) preliminarily approving the Settlement and this Agreement, (e) approving the form of the NoticeNotice and Settlement Claim Form, (f) approving the method of submission distribution of the Notice and Settlement Claim Form to putative Settlement Class Members, (g) approving the Class and the claims settlement claim process, and (h) setting a date for a Final Fairness Hearing to determine whether the Court will grant final approval of the Settlement. Stemilt will not oppose Plaintiffs’ preliminary settlement approval motion. 23. The Plaintiffs Stemilt will ask the Court to certify the Class for purposes of settlement, finding Plaintiffs to be adequate and typical class representatives of the Class for purposes of settlement and certifying Plaintiffs’ attorneys as Class Counsel. Solely for purposes of the claims that are subject to this Agreement, and without prejudice to SEIU 775’s right to object to class certification in the event the district court does not issue final approval of provide the Settlement or if Administrator with any updated address information obtained for putative Settlement Class Members, which the Settlement otherwise becomes null Administrator will use when issuing the Notice to putative Settlement Class Members and void, SEIU 775 agrees that Plaintiffs satisfy the elements of Rule 23 for class certification and stipulates to certification of the Class for settlement purposes only. More specifically, the parties stipulate and agree only for purposes of settling the Case that: a. The Class is so numerous as to make it impracticable to join all Class Members. b. There is an ascertainable Class. c. There are common questions of law and fact including, but not necessarily limited when issuing Settlement Awards to, the following: i. Under what circumstances does the First Amendment prohibit the collection of dues from public employees without affirmative consent? ii. What actions constitute affirmative consent for the purpose of the collection of dues from public employees? iii. Under what circumstances do bargaining unit members who paid dues without affirmative consent suffer a cognizable constitutional injury? iv. Whether the good faith defense bars § 1983 claims for dues refunds where the Union collected dues and fees in accordance with a presumptively constitutional state statute? v. Whether Washington recognizes a claim for unjust enrichment where Washington law authorized the Union’s collection of the dues and fees for which restitution is sought? d. Plaintiffs Routh, Eby, and Xxxxx’x claims are typical of the claims of members of the Objector Sub-Class. Plaintiffs Xxxx and Xxxxx Xxxxxxx’x claims are typical of the claims of the members of the Non-Objector Sub-Class. e. For the purposes of settlement only, plaintiffs Routh, Eby and Xxxxx are adequate representative of the Objector Sub-Class. For the purposes of settlement, plaitniffs Xxxx and Xxxxx Xxxxxxx are adequate representatives of the Non-Objector Sub-Class. f. For the purposes of settlement, questions of law and fact common to the members of the Class predominate over questions affecting individual members in the Class and a class action is superior to other available means for the fair and efficient adjudication of the controversy.

Notice/Approval of Settlement Agreement. The Parties agree to the following procedures for obtaining preliminary approval of the Settlement, certifying the Settlement Class for purposes of settlement, notifying the Settlement Class Membersmembers, obtaining final approval of the Settlement, and implementing payments of Settlement Awards: The Parties shall Awards to Qualified Class Members: 1. Plaintiffs will file a motion with the District Court to obtain preliminary approval of the Settlement in conformity with this Agreement (“Preliminary Approval Motion”) within twenty-one (21) days of the execution by September 18, 2020. 2. For purposes of this Agreement by all parties. 1. The Parties Settlement, Plaintiffs will ask the District Court to enter an order (the “Preliminary Approval Order”) certifying the Settlement Class for purposes of settlement, finding Plaintiffs to be adequate and typical class representatives of the Settlement Class and Settlement Subclass for purposes of settlement, certifying Plaintiffs’ attorneys as Class Counsel, preliminarily approving the Settlement and this Agreement, approving the form forms of the NoticeNotice and Claim Form, approving the method of submission of the Notice to the Settlement Class and the claims process, and setting a date for a Final Fairness Hearing to determine whether the Court will grant final approval of the Settlement. 23. The Plaintiffs will ask the Court to certify the Class for purposes of settlement, finding Plaintiffs to be adequate and typical class representatives of the Class for purposes of settlement and certifying Plaintiffs’ attorneys as Class Counsel. Solely for For purposes of the claims that are subject to this Agreement, and without prejudice to SEIU 775’s right to object to class certification in the event the district court does not issue final approval of the Settlement or if the Settlement otherwise becomes null and void, SEIU 775 HDL agrees that Plaintiffs satisfy the elements of Rule 23 for class certification and stipulates to certification of the Settlement Class for settlement purposes onlypurposes. 4. More specificallyHDL will provide Class Counsel with any updated address information obtained for Class Members, which Class Counsel will use when issuing the parties stipulate Notice to Class Members and agree only when issuing settlement checks for purposes of settling the Case that: a. The Class is so numerous as to make it impracticable to join all Qualified Class Members. 5. Subject to the District Court’s approval, Notice will be provided using the following procedures: a. Within twenty‐eight (28) days of the date the District Court issues the Preliminary Approval Order, Class Counsel will mail Notice of the Settlement substantially in the form attached as Exhibit C (in both English and Spanish) to Settlement Class members’ last‐known addresses. Class Counsel may also send Notice substantially in the form attached as Exhibit D by email or text message if an email or cellphone number is known. The Notice will provide each Settlement Class member with an estimate of the amount they will receive under the Settlement. The mailed Notice also will include a blank IRS Form W9. Any Notice sent by email or text will include a link to the Settlement Website where the Settlement Class member will be able to review key documents, submit an electronic Claim Form, and submit an IRS Form W9. b. There is Within twenty‐eight (28) days of the date the District Court issues the Preliminary Approval Order, Class Counsel will also set up the Settlement Website containing the full notice, in Spanish and English, along with an ascertainable Classonline Claim Form Settlement Class Members can use to make a claim. c. There are common questions of law The mailed and fact including, but not necessarily limited toonline Notice will provide that Settlement Class Members who wish to object to the Settlement must file with the Court a written statement objecting to the Settlement on or before the Response Deadline (“Objection”). If a person wishes to have the Court consider the written statement objecting to the Settlement, the followingperson (i) must not exclude himself or herself from the Settlement Class and (ii) must file with the Court the written objection, along with any supporting documentation that the person wishes the Court to consider, by the Response Deadline. If such Objection is submitted and overruled by the Court, the objecting member of the Settlement Class will remain fully bound by the terms of the Settlement, including the release of all Settlement Class Member Released Claims, so long as the Settlement is granted final approval by the Court. The Parties will submit any responses to objections no later than fourteen (14) days after the Response Deadline. Any Settlement Class Member who does not appear individually or through counsel and who does not challenge or comment upon the fairness and adequacy of the Settlement or Class Counsel’s request for attorneys’ fees and costs will waive and forfeit any and all rights to appear separately or object. All Settlement Class Members will be bound by the Settlement and by all orders and judgments in this Action. d. The Notice will also provide that Settlement Class members who wish to exclude themselves (i.e., opt out) from the Settlement Class must mail a letter to Class Counsel requesting exclusion from the Settlement Class on or before the Response Deadline. An exclusion request must: i. Under what circumstances does (i) be in writing; (ii) state the First Amendment prohibit Settlement Class member’s current address; (iii) contain the collection following statement: “I request that I be excluded from the Settlement Class in the case of dues Valencia v. HDL” (or the Spanish equivalent); (iv) be signed; and (v) be mailed to Class Counsel at the address provided in the Notice and postmarked by the Response Deadline. Each individual who properly submits a timely written request for exclusion will be excluded from public employees without affirmative consent? iithe Settlement Class and will have no rights under the Settlement Agreement. What actions constitute affirmative consent Settlement Class members who fail to submit a valid and timely request for exclusion on or before the purpose Response Deadline will be bound by all terms of the collection Settlement and any final judgment entered in this Case if the Settlement is approved by the District Court, regardless of dues from public employees? iii. Under what circumstances do bargaining unit members who paid dues without affirmative consent suffer a cognizable constitutional injury? iv. Whether the good faith defense bars § 1983 claims for dues refunds where the Union collected dues and fees in accordance with a presumptively constitutional state statute? v. Whether Washington recognizes a claim for unjust enrichment where Washington law authorized the Union’s collection of the dues and fees for which restitution is sought? d. Plaintiffs Routh, Eby, and Xxxxx’x claims are typical of the claims of members of the Objector Sub-Class. Plaintiffs Xxxx and Xxxxx Xxxxxxx’x claims are typical of the claims of the members of the Non-Objector Sub-Class. e. For the purposes of settlement only, plaintiffs Routh, Eby and Xxxxx are adequate representative of the Objector Sub-Class. For the purposes of settlement, plaitniffs Xxxx and Xxxxx Xxxxxxx are adequate representatives of the Non-Objector Sub-Class. f. For the purposes of settlement, questions of law and fact common whether they have objected to the members of Settlement or submitted a Claim Form. An exclusion request will be deemed timely if it is postmarked by the Response Deadline. If Class predominate over questions affecting individual members in the Counsel deems an exclusion request to be deficient, Class and Counsel will mail a class action is superior to other available means for the fair and efficient adjudication of the controversy.deficiency letter within seven