Notice Plan. Upon entry of the Preliminary Approval Order, and as the Court may direct therein, Class Counsel shall cause the Class Notice describing the Fairness Hearing and the settlement embodied herein to be provided to the Settlement Class. The Notice Plan shall be implemented by the Claims Administrator. The Notice Plan shall provide for direct mail and e-mail dissemination of a Court-approved notice to any Person falling within the definition of the Settlement Class (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of a settlement website with search engine optimization placement that will include downloadable notice and claim forms and online claim form submission capability; a toll-free number specified in the notice; and a claim submission reminder notice to be disseminated to Settlement Class Members on the Mailing Lists who fail to submit a claim. Eagle will provide the contact information it has in its Navison database for homeowners who previously purchased SB-50 Solar Tiles and/or Properties with SB-50 Solar Tiles installed, including names, street addresses, and/or e-mail addresses, to the Claims Administrator within five (5) business days following entry of the Preliminary Approval Order. Centex will provide the contact information is has for homeowners who previously purchased OE-35 Solar Tiles and/or Properties with OE-35 Solar Tiles installed, including names, street addresses, and/or email addresses to the Claims Administrator within five (5) business days following entry of the Preliminary Approval Order. The lists provided by Eagle and Centex shall be collectively referred to as the “Mailing Lists.” The forms of Class Notice shall advise the Settlement Class of the Fairness Hearing, the terms of the Settlement, and of their rights, including the right to opt-out, comment upon, or object to the Settlement, and other relevant information regarding the Settlement. A copy of the proposed form of Class Notice is attached hereto as Exhibit C.
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 set forth in the Settlement Agreement, and the form 10 and content of the notice to class members as set forth in Exhibits A-C thereto, satisfy the 11 requirements of Federal Rule of Civil Procedure 23 and are thus approved. The Court finds that 12 the form, content, and method of giving notice to the Settlement Class as described in the Notice Plan submitted with the Motion for Preliminary Approval: (a) constitute the best practicable notice to the Settlement Class; (b) are reasonably calculated, under the circumstances, to apprise 16 Settlement Class Members of the pendency of the Action, the terms of the proposed Settlement, 17 and their rights under the proposed Settlement; (c) are reasonable and constitute due, adequate, 18 and sufficient notice to those persons entitled to receive notice; and (d) satisfy the requirements 19 of Federal Rule of Civil Procedure 23, the constitutional requirement of due process, and any 20 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. 24 Non-material modifications to the notices may be made without further order of the 25 Court. The Settlement Administrator is directed to carry out the Notice Plan in conformance with 1 the Settlement Agreement and to perform all other tasks that the Settlement Agreement requires.
Notice Plan. The Notice Plan shall consist of the following:
(a) Direct Notice via Email and/or U.S. Mail. No later than the Notice Date, the Settlement Administrator shall send Notice via email substantially in the form attached as Exhibit B, along with an electronic link to the Claim Form, to all Settlement Class Members for whom a valid email address is available in the Class List. In the event transmission of email notice results in any “bounce-backs,” the Settlement Administrator shall, where reasonable: correct any issues that may have caused the “bounce-back” to occur and make a second attempt to re-send the email notice, and (ii) send Notice substantially in the form attached as Exhibit C via First Class U.S. Mail provided an associated U.S. Mail address is contained in the Class List. The Settlement Administrator shall also send Notice substantially in the form attached as Exhibit C via First Class U.S. Mail to all Settlement Class Members with a Lifetime Spending Amount greater than $100.00 provided an associated U.S. Mail address is contained in the Class List.
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. 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.
