Notice Plan Sample Clauses

Notice Plan. Within 21 days after receipt of the Settlement Class List and Data, or as soon thereafter as possible, the Settlement Administrator shall mail the Notice Packet to the Settlement Class Members via first-class regular U.S. Mail and shall also send the notice via email to all Settlement Class Members for whom the Defendants, Class Counsel, or the Settlement Administrator have email addresses. The Settlement Administrator shall prepare documentation showing the allocation to each individual Settlement Class Member and provide it to Defendants and Class Counsel at least 14 business days prior to the mailing of the notices. Prior to mailing of the notice Defendants shall have 7 business days from receipt to review the individual allocations to the Settlement Class Members and to object to the individual allocations if the allocations do not match Defendants’ records and/or if the individual allocations for Pre- Merger Claims plus costs and expenses, attorneys’ fees and costs of Settlement Administration do not add up to $100,000,000, as intended and shown in the chart in this Agreement. If the parties are not able to resolve the objection, the mailing of the Notice Packet will be postponed pending resolution by the Court provided that within 14 days from receipt of the individual allocations from Class Counsel, Defendants file a motion to have the Court resolve the dispute. The Settlement Administrator will notify Counsel as soon as the Notices have been mailed and shall keep Counsel advised of Notices and emails that are invalid and/or have been returned. In the event an email address for a Settlement Class Member who is currently driving for Defendants is invalid or in the event there is no email address for a Settlement Class Member that is currently driving for Defendants, the Settlement Administrator shall promptly so advise the parties via email. In that event, within three business days of receipt of the Settlement Administrator’s email, Defendants shall send an individualized Qualcomm notice to such Settlement Class Member on three consecutive days advising the Settlement Class Member that the company has entered into a settlement that may entitle the Settlement Class Member to a monetary award and advising the Settlement Class Member to contact the Claims Administrator and providing the Claim’s Administrator’s contact information. The Settlement Administrator will also arrange a website with necessary Settlement information and a toll-free number with ...

Notice Plan. The Parties agree upon and will seek Court approval of the following forms and methods of notice to the members of the Settlement Class:

Notice Plan. The Notice Plan utilized to provide notice of this Settlement to the Settlement Class shall be approved in the Court’s Preliminary Approval Order. The cost of the Notice Plan shall be paid out of the Class Settlement Fund. The Notice Plan shall be effectuated by the Settlement Administrator and shall include, at a minimum:

Notice Plan. The Notice Plan shall consist of the following: 22 (a) Direct Notice via Email and/or U.S. Mail. No later than the Notice Date, 23 the Settlement Administrator shall send Notice via email substantially in the form attached as 24 Exhibit B, along with an electronic link to the Claim Form, to all Settlement Class Members for 25 whom a valid email address is available in the Class List. In the event transmission of email 26 notice results in any “bounce-backs,” the Settlement Administrator shall, where reasonable: 27 correct any issues that may have caused the “bounce-back” to occur and make a second attempt 1 to re-send the email notice, and (ii) send Notice substantially in the form attached as Exhibit C 2 via First Class U.S. Mail provided an associated U.S. Mail address is contained in the Class List. 3 The Settlement Administrator shall also send Notice substantially in the form attached as Exhibit 4 C via First Class U.S. Mail to all Settlement Class Members with a Lifetime Spending Amount 5 greater than $100.00 provided an associated U.S. Mail address is contained in the Class List.

Notice Plan. The Notice Plan set forth in the Settlement Agreement, and the form 13 and content of the notice to class members as set forth in Exhibits XX–XX thereto, satisfy the requirements of Federal Rule of Civil Procedure 23 and are thus approved. The Court finds that 16 the form, content, and method of giving notice to the Settlement Class as described in the Notice 17 Plan submitted with the Motion for Preliminary Approval: (a) constitute the best practicable 18 notice to the Settlement Class; (b) are reasonably calculated, under the circumstances, to apprise 19 Settlement Class Members of the pendency of the Action, the terms of the proposed Settlement, 20 and their rights under the proposed Settlement; (c) are reasonable and constitute due, adequate, 21 and sufficient notice to those persons entitled to receive notice; and (d) satisfy the requirements of Federal Rule of Civil Procedure 23, the constitutional requirement of due process, and any 24 other legal requirements. The Court further finds that the notices are written in plain language, 25 use simple terminology, and are designed to be readily understandable by Settlement Class 26 Members. 1 Non-material modifications to the notices may be made without further order of the 3 the Settlement Agreement and to perform all other tasks that the Settlement Agreement requires.

Notice Plan. 10.1. In connection with a motion seeking a Preliminary Approval Order, Class Counsel shall present the Notice Plan to the Court for approval, which shall describe in detail the process for implementing and executing a plan to notify Settlement Class Members of, among other things, (i) the Settlement, (ii) the availability and process for claiming benefits under the Consumer Settlement Benefits Plan, and (iii) the procedure for Settlement Class Members to object to the Settlement and request exclusion from the Settlement. 10.2. The Settlement Administrator shall be responsible for implementing and executing the Notice Plan. Within thirty (30) days after the Court’s entry of a Preliminary Approval Order, T-Mobile shall provide to the Settlement Administrator a Class List, which shall include Settlement Class Members’ full names, current addresses, T-Mobile cell phone number, and email addresses (to the extent available) as reflected in T-Mobile’s records. T-Mobile shall also provide the Settlement Administrator a list of those individuals who have either (1) filed or served a written arbitration demand or petition against T-Mobile relating to the Data Breach, or (2) provided written notice to T-Mobile of their intent to pursue arbitration against T-Mobile relating the Data Breach with a description of claims to the address provided in T-Mobile’s Terms and Conditions or to T-Mobile’s Counsel and are therefore not Settlement Class Members. 10.3. Should the Settlement be terminated for any of the reasons identified in Sections 7.2 or 7.3, the Settlement Class Representatives, the Settlement Administrator, and Class Counsel shall immediately destroy any and all copies of the Class List described in Section 10.2. 10.4. As specified in Section 3.2, all Notice Costs incurred by the Settlement Administrator or otherwise relating to the Notice Plan shall be paid from the Settlement Fund. To the extent T-Mobile breaches its obligation to provide the Class List as set forth in Section 10.2, T-Mobile will be responsible any additional Notice Costs directly attributable to the breach.

Notice Plan. In furtherance of their agreement to see this Court’s approval of the Parties’ proposed Settlement Agreement, Plaintiff Xxxxx Xxxxxx and the other named Plaintiffs, on behalf of themselves and the Class certified by the Court, and Defendant Xxxx Xxxxxxx (collectively, the “Parties”), propose that the notices more fully described below be approved by the Court as fully comporting with the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process: 1. Defendant will provide, via personal delivery, notice set forth in Exhibit B-1 to all current IDOC inmates known by either Party to be deaf or hard of hearing. The Parties will work in collaboration to identify this list of possible class members. Defendant will effectuate such delivery by no later than [DATE]. 2. Defendant will post notice in the form set forth in Exhibit B-2 in the law library and each living unit in each IDOC facility. Defendant will post notices by no later than [DATE].

Notice Plan. The Notice Plan submitted with the Motion for Preliminary Approval and the forms of notice attached thereto satisfy the requirements of Federal Rule of Civil Procedure 23 and are thus approved. Non-material modifications to the notices may be made without further order of the Court. The Settlement Administrator is directed to carry out the Notice Plan in conformance with the Settlement Agreement and to perform all other tasks that the Settlement Agreement requires. Prior to the Final Approval Hearing, Class Counsel shall cause to be filed with the Court an appropriate declaration with respect to complying with the provisions of the Notice Plan. The Court further finds that the form, content, and method of giving notice to the Settlement Classes as described in the Notice Plan submitted with the Motion for Preliminary Approval: (a) constitute the best practicable notice to the Settlement Classes; (b) are reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action, the terms of the proposed Settlement, and their rights under the proposed Settlement; (c) are reasonable and constitute due, adequate, and sufficient notice to those persons entitled to receive notice; and (d) satisfy the requirements of Federal Rule of Civil Procedure 23, the constitutional requirement of due process, and any other legal requirements. The Court further finds that the notices are written in plain language, use simple terminology, and are designed to be readily understandable by Settlement Class Members.

Notice Plan. 10.1. The Settlement Administrator shall be responsible for implementing and executing the Notice Plan. Within thirty (30) days after the Court’s entry of a Preliminary Approval Order, Defendants shall provide the Settlement Administrator with a list of the individuals to which it sent direct mail notice of the Incident, as reflected in Defendants’ records. 10.2. Should the Settlement be terminated for any of the reasons identified in Sections 6.2 or 6.3, the Settlement Administrator shall immediately destroy all contact information received from Defendants for Settlement Class Members. 10.3. As specified in Section 3.2, all costs incurred by the Settlement Administrator or otherwise relating to providing notice to Settlement Class Members shall be paid from the Settlement Fund.

Notice Plan. 6.5.1 The Notice shall conform to all applicable requirements of the Federal Rules of Civil Procedure, the U.S. Constitution (including the Due Process Clauses), and any other applicable law, and shall otherwise be in the manner and form agreed upon by the Parties and approved by the Court. 6.5.2 The Parties shall provide the telephone numbers, and all reasonably available demographic information including addresses and email addresses where available, for the Class Members to the Settlement Administrator within five (5) calendar days after the Court enters the Preliminary Approval Order or as soon as reasonably possible. 6.5.3 Subject to Court approval, within thirty (30) days after the Court enters the Preliminary Approval Order, the Settlement Administrator shall send direct notice substantially in the form of the Summary Notice in Exhibit C, as modified and/or approved by the Court, via U.S. Postal Service and electronic mail, to Class Members for whom the Parties identify addresses or for whom the Administrator can identify addresses. The Administrator shall use up to three data vendors to try to identify addresses if necessary. 6.5.4 Subject to Court approval, within thirty (30) days after the Court enters Preliminary Approval, the Settlement Administrator shall also send direct notice substantially in the form of the Summary Notice in Exhibit C, as modified and/or approved by the Court, via email, to Class Members for whom the Parties identify email addresses. The Administrator shall use up to three data vendors to try to identify email addresses if necessary. No other notice to class members is contemplated or permitted by the parties except as set forth in this Agreement and approved by the Court.