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.
Appears in 2 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release
Notice Plan. The Notice Plan set forth in the Settlement Agreement, and the form 10 13 and content of the notice to class members as set forth in Exhibits A-C XX–XX thereto, satisfy the 11 requirements of Federal Rule of Civil Procedure 23 and are thus approved. The Court finds that 12 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 16 19 Settlement Class Members of the pendency of the Action, the terms of the proposed Settlement, 17 20 and their rights under the proposed Settlement; (c) are reasonable and constitute due, adequate, 18 21 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 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. 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.
Appears in 2 contracts
Samples: Amended Settlement Agreement and Release, Amended Settlement Agreement and Release