Notice Procedure. a. The Settlement Administrator shall distribute the Settlement Notices and the Settlement Payments. b. Within ten (10) calendar days of the Court entering the Preliminary Approval Order, Defendants shall provide to the Settlement Administrator a list of Settlement Class Members that identifies for each Settlement Class Member (i) his/her last known e-mail address and mailing address that Defendants have in their possession, and Social Security Number or Federal Employer Identification Number, (ii) confirmation that each Settlement Class member did or did not complete a trip or receive payment for a completed trip in New York State at any time between December 29, 2012 and the date on which the Court enters the Preliminary Approval Order, and (iii) the total amount of New York State sales tax and Black Car Fund fees charged for rides for which each Settlement Class Member received payment at any time from December 29, 2009, through the date on which the Court enters the Preliminary Approval Order. The Settlement Administrator will keep the list strictly confidential, use it only for the purposes described herein, take adequate safeguards to protect confidential or private information and return or certify the destruction of the information upon completion of the Settlement Administration process. c. Within twenty (20) calendar days of the Court entering the Preliminary Approval Order and subject to Defendants providing the information required under Paragraph 44(b), the Settlement Administrator shall circulate to Defendants and Class Counsel for their approval the total number of Settlement Class Members to whom it intends to send the Settlement Notice, and the amount of each Settlement Class Member’s individual Settlement Payment. d. Within thirty (30) calendar days of the Court entering the Preliminary Approval Order and subject to the Parties providing their approval set forth under Paragraph 44(c), the Settlement Administrator shall send a copy of the Settlement Notice to each Settlement Class Member by electronic mail. The Settlement Administrator shall maintain a log detailing the instances Settlement Notices are returned as undeliverable. Defendants’ Counsel, Class Counsel and the Settlement Administrator collectively may correct immaterial errors on the Settlement Notice or other mailed materials without approval from the Court provided the changes do not alter the preliminary approval by the Court. e. Settlement Class Members will have thirty (30) calendar days from the initial electronic mailing of the Settlement Notice by the Settlement Administrator to opt-out of the Settlement, with proof of submission date being the postmark date. Settlement Class Members will also have thirty (30) calendar days to object to the Settlement by mailing any objection to the Settlement Administrator, with proof of submission date being the postmark date. f. If any e-mails transmitting the Settlement Notice are returned as undeliverable, the Settlement Administrator shall send a copy of the Settlement Notice to the Settlement Class Member by mail within seven (7) calendar days. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is sent by mail to opt-out or object to the Settlement, whichever is later. The Settlement Administrator shall then re-mail any Settlement Notice returned by the Post Office with a forwarding address. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt-out or object to the Settlement, whichever is later. It shall be conclusively presumed that those Settlement Class Members whose re-mailed Settlement Notice is not returned to the Settlement Administrator as undeliverable within ten (10) calendar days after re-mailing, actually received the Settlement Notice. Within seven (7) calendar days of receiving any undelivered envelopes, the Settlement Administrator will perform one skip trace using Social Security Numbers provided by Defendants, as needed, to verify the accuracy of the addresses provided and re-mail the Settlement Notice for those forms returned to sender. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt- out or object to the Settlement, whichever is later. g. Within seven (7) calendar days of the Court adjourning the Final Fairness Hearing, or sooner if necessary and practicable, to the extent it happens, the Settlement Administrator shall mail a notice of the new date and time to any Settlement Class Member who submitted a timely and valid objection. h. Within twenty (20) days prior to the Final Fairness Hearing, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with an Excel spreadsheet that designates each Settlement Class Member, his/her allocated share, and the appropriate totals and calculations. The Settlement Administrator shall also maintain lists of all Settlement Class Members who (i) object to the Settlement, and (ii) opt-out of the Settlement, which shall also be provided to Class Counsel and Defendants’ Counsel at that time. i. The Settlement Administrator shall provide to the Court, at or before the Final Fairness Hearing, a declaration confirming that the Settlement Notice was mailed to all Class Members as required by this Agreement.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Notice Procedure. 24 a. The Parties shall use CPT Group, Inc. as the Settlement Administrator shall to 25 distribute the Class Notice, distribute payments under this Settlement Notices Agreement, handle tax 26 reporting, and establish and host a dedicated case settlement website..
27 b. Defendant will provide the Settlement Payments.
b. Within Administrator with the Class List within 28 ten (10) calendar days following the date of the Court entering the Preliminary Approval Order, Defendants shall provide Approval. The Class List and any other 1 data provided by Defendant to the Settlement Administrator a list of shall be treated as confidential and shall 2 not be used by the Settlement Class Members that identifies Administrator for each any purpose other than as permitted by this 3 Settlement Class Member (i) his/her last known e-mail address and mailing address that Defendants have in their possession, and Social Security Number or Federal Employer Identification Number, (ii) confirmation that each Settlement Class member did or did not complete a trip or receive payment for a completed trip in New York State at any time between December 29, 2012 and the date on which the Court enters the Preliminary Approval Order, and (iii) the total amount of New York State sales tax and Black Car Fund fees charged for rides for which each Settlement Class Member received payment at any time from December 29, 2009, through the date on which the Court enters the Preliminary Approval OrderAgreement. The Settlement Administrator will keep the list strictly confidential, use it only for 4 the purposes described herein, take adequate safeguards and ensure that any other communications with Class Members shall 5 not include the Class Members’ Social Security number except for the last four digits.
6 c. The Settlement Administrator shall be responsible for:
7 i. Mailing the Class Notice to protect confidential the Class Members as directed by the 8 Court;
9 ii. Consulting with counsel for the Parties concerning any relevant 10 issue(s), including (without limitation) the estimated amounts of Individual Settlement Shares and 11 Individual Settlement Payments;
12 iii. Receiving and processing Workweek Disputes and rejecting timely or private information 13 improper Workweek Disputes;
14 iv. Keeping track of Requests for Exclusion, and return rejecting untimely or certify 15 improper Requests for Exclusion;
16 v. Keeping track of Objections that it receives;
17 vi. Calculation and distribution of payments in accordance with this 18 Settlement Agreement and the destruction Court’s orders;
19 vii. Providing weekly status reports to counsel for the Parties, including:
(a) the number of Class Notices mailed; (b) the number of Workweek Disputes received; (c) the 21 number of Objections received; and (d) the number of Requests for Exclusion received;
22 viii. No later than twenty-one (21) calendar days before the Final Approval 23 Hearing, preparing and providing to Class Counsel and Defendant’s Counsel, for filing with the 24 Court in support of Plaintiffs’ motion for final approval of the information upon completion settlement, a declaration of due 25 diligence setting forth its compliance with its obligations under this Settlement Agreement;
26 ix. Providing Defendant’s Counsel the wiring instructions to fund the 27 Gross Settlement Amount, which must be paid by Defendant in the amounts and in accordance with 28 the deadlines set forth in Paragraph 50(a);
1 x. Distributing payments due under this Settlement Agreement;
2 xi. Issuing a W-2 Form to each Settlement Class Member for the wage 3 portion of each Individual Settlement Share, a 1099 Form (if required) to each Settlement Class 4 Member for the non-wage portion of each Individual Settlement Share, a 1099 Form to Plaintiffs 5 for their Enhancement Awards, a 1099 Form to Class Counsel for the Attorneys’ Fees and Costs 6 award, and a 1099 Form to the Settlement Administrator for all Administration processCosts; and,
7 xii. Such other tasks as the Parties mutually agree or the Court orders the 8 Settlement Administrator to perform, including responding to questions from Class Members.
c. 9 d. Within twenty fifteen (2015) calendar days after Preliminary Approval, the Settlement 10 Administrator shall mail the Class Notice to all persons shown by Defendant’s records to be Class 11 Members, as reflected in the Class List, via first class U.S. mail, using the most current mailing 12 address available after a National Change of Address search. The Class Notice shall state an estimate 13 of each Class Member’s respective Individual Settlement Share and the number of Workweeks 14 credited to him or her.
15 e. Any Class Notice(s) returned to the Settlement Administrator as undelivered 16 within fifteen (15) calendar days of initial mailing and bearing a forwarding address shall be re- 17 mailed by the Court entering Settlement Administrator within three (3) business days following receipt of the Preliminary Approval Order and subject 18 returned mail. For any such Class Notice returned to Defendants providing the information required under Paragraph 44(b)Settlement Administrator without a 19 forwarding address, the Settlement Administrator shall circulate first conduct a National Change of Address 20 search as required for undeliverable notices, followed by a “skip trace” search to Defendants and Class Counsel for their approval the total number of Settlement Class Members to whom it intends to send the Settlement Noticeobtain an updated 21 address, and shall promptly re-mail the amount of each Settlement Class Member’s individual Settlement Payment.
d. Within thirty (30) calendar days of the Court entering the Preliminary Approval Order and subject Notice to the Parties providing their approval set forth under Paragraph 44(c), the any newly-found address or addresses. The 22 Settlement Administrator shall send a copy of the Settlement Notice to each Settlement Class Member by electronic mail. The Settlement Administrator shall maintain a log detailing the instances Settlement Notices are returned as undeliverable. Defendants’ Counsel, Class Counsel and the Settlement Administrator collectively may correct immaterial errors on the Settlement Notice or other mailed materials without approval from the Court provided the changes do not alter the preliminary approval by the Court.
e. Settlement Class Members will have thirty (30) calendar days from the initial electronic mailing of the Settlement Notice by the Settlement Administrator to opt-out of the Settlement, with proof of submission date being the postmark date. Settlement Class Members will also have thirty (30) calendar days to object to the Settlement by mailing any objection to the Settlement Administrator, with proof of submission date being the postmark date.
f. If any e-mails transmitting the Settlement Notice are returned as undeliverable, the Settlement Administrator shall send a copy of the Settlement Notice to the Settlement Class Member by mail within seven (7) calendar days. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is sent by mail to opt-out or object to the Settlement, whichever is later. The Settlement Administrator shall then re-mail by first class U.S. mail any Settlement such Class Notice returned 23 by the Post Office with a forwarding address. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt-out or object to the Settlement, whichever is later. It shall be conclusively presumed that those Settlement Class 24 Members whose re-mailed Settlement Class Notice is not returned to the Settlement Administrator as 25 undeliverable within ten five (105) calendar days after re-mailing, actually received the Settlement Class Notice. Within seven (7) calendar days of receiving any undelivered envelopes, .
26 f. Class Counsel shall provide the Court with a declaration from the Settlement 27 Administrator will perform one skip trace using Social Security Numbers provided by Defendants, as needed, to verify the accuracy of the addresses provided and re-mail the Settlement Notice for those forms returned to sender. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt- out or object to the Settlement, whichever is later.
g. Within seven (7) calendar days of the Court adjourning the Final Fairness Hearing, or sooner if necessary and practicable, to the extent it happens, the Settlement Administrator shall mail a notice of the new date and time to any Settlement Class Member who submitted a timely and valid objection.
h. Within twenty (20) days prior to the Final Fairness Hearing, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with an Excel spreadsheet that designates each Settlement Class Member, his/her allocated share, and the appropriate totals and calculations. The Settlement Administrator shall also maintain lists of all Settlement Class Members who (i) object to the Settlement, and (ii) opt-out of the Settlement, which shall also be provided to Class Counsel and Defendants’ Counsel at that time.
i. The Settlement Administrator shall provide to the Court, at or before the Final Fairness Hearing, a declaration confirming that the Settlement Class Notice was mailed to all Class Members as required by this 28
1 Settlement Agreement, as well as any additional information Class Counsel deems appropriate to 2 provide to the Court, before the Final Approval Hearing.
Appears in 1 contract
Notice Procedure. a. The Parties shall use Phoenix Settlement Administrators as the Settlement Administrator shall to distribute the Settlement Notices Class Notice, distribute payments under the Settlement, handle tax reporting, and the Settlement Paymentsfield questions with a telephonic hotline.
b. Within ten Defendants will provide the Settlement Administrator with the Class List within fifteen (1015) calendar days following the date of the Court entering the Preliminary Approval Order, Defendants shall provide to Approval. Each Class Member’s total Workweeks will be calculated by the Settlement Administrator a list of Settlement Administrator, based on the data set forth in the Class Members that identifies for each Settlement Class Member (i) his/her last known e-mail address and mailing address that Defendants have in their possession, and Social Security Number or Federal Employer Identification Number, (ii) confirmation that each Settlement Class member did or did not complete a trip or receive payment for a completed trip in New York State at any time between December 29, 2012 and the date on which the Court enters the Preliminary Approval Order, and (iii) the total amount of New York State sales tax and Black Car Fund fees charged for rides for which each Settlement Class Member received payment at any time from December 29, 2009, through the date on which the Court enters the Preliminary Approval OrderList. The Settlement Administrator Class List will keep the list strictly confidential, use it only be provided solely for the purposes described herein, take adequate safeguards to protect of Settlement and will be treated as strictly confidential or private information and return or certify the destruction of the information upon completion of by the Settlement Administration process.
c. Within twenty (20) calendar days of Administrator; the Court entering the Preliminary Approval Order and subject to Defendants providing the information required under Paragraph 44(b), the Settlement Administrator shall circulate to Defendants and Class Counsel for their approval the total number of Settlement Class Members to whom it intends to send the Settlement Notice, and the amount of each Settlement Class Member’s individual Settlement Payment.
d. Within thirty (30) calendar days of the Court entering the Preliminary Approval Order and subject to the Parties providing their approval set forth under Paragraph 44(c), the Settlement Administrator shall send a copy of the Settlement Notice to each Settlement Class Member by electronic mail. The Settlement Administrator shall maintain a log detailing the instances Settlement Notices are returned as undeliverable. Defendants’ Counsel, Class Counsel and the Settlement Administrator collectively may correct immaterial errors on the Settlement Notice or other mailed materials without approval from the Court provided the changes do List will not alter the preliminary approval by the Court.
e. Settlement Class Members will have thirty (30) calendar days from the initial electronic mailing of the Settlement Notice be disclosed by the Settlement Administrator to optClass Counsel and/or any non-out Party, except as may be required to applicable tax authorities, pursuant to the express written consent of Defendants, by order of the Court, or as may be necessary to carry out its duties under the Settlement, with proof of submission date being the postmark date. Settlement Class Members will also have thirty (30) calendar days to object to the Settlement by mailing any objection to the Settlement Administrator, with proof of submission date being the postmark date.
f. If any e-mails transmitting the Settlement Notice are returned as undeliverable, the Settlement Administrator shall send a copy of the Settlement Notice to the Settlement Class Member by mail within seven (7) calendar days. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is sent by mail to opt-out or object to the Settlement, whichever is later. c. The Settlement Administrator shall then re-mail any Settlement be responsible for:
i. Mailing the Class Notice returned to the Class Members as directed by the Post Office Court;
ii. Consulting with a forwarding addresscounsel for the Parties concerning any relevant issue, including (without limitation) the estimated amounts of Individual Settlement Shares and Individual Settlement Payments;
iii. That Settlement Receiving and processing Workweek Disputes and rejecting timely or improper Workweeks Disputes;
iv. Keeping track of Requests for Exclusion, and rejecting timely or improper Requests for Exclusion;
v. Keeping track of Objections that it receives;
vi. Calculation and distribution of payments (including without limitation Employee Taxes and Employer Taxes) in accordance with this Agreement and the Court’s orders;
vii. Providing weekly status reports to counsel for the Parties, including: (a) the number of Class Member will then have until Notices mailed; (b) the Bar Date or ten number of Workweek Disputes received; (10c) calendar the number of Objections received; and (d) the number of Requests for Exclusion received;
viii. No later than twenty-one (21) business days after the Settlement Notice is re-mailed to opt-out or object to the Settlement, whichever is later. It shall be conclusively presumed that those Settlement Class Members whose re-mailed Settlement Notice is not returned to the Settlement Administrator as undeliverable within ten (10) calendar days after re-mailing, actually received the Settlement Notice. Within seven (7) calendar days of receiving any undelivered envelopes, the Settlement Administrator will perform one skip trace using Social Security Numbers provided by Defendants, as needed, to verify the accuracy of the addresses provided and re-mail the Settlement Notice for those forms returned to sender. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt- out or object to the Settlement, whichever is later.
g. Within seven (7) calendar days of the Court adjourning before the Final Fairness Approval Hearing, or sooner if necessary preparing and practicable, to the extent it happens, the Settlement Administrator shall mail a notice of the new date and time to any Settlement Class Member who submitted a timely and valid objection.
h. Within twenty (20) days prior to the Final Fairness Hearing, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with an Excel spreadsheet that designates each Settlement Class Member, his/her allocated share, and the appropriate totals and calculations. The Settlement Administrator shall also maintain lists of all Settlement Class Members who (i) object to the Settlement, and (ii) opt-out of the Settlement, which shall also be provided providing to Class Counsel and Defendants’ Counsel at that time.
i. The Settlement Administrator shall provide to Counsel, for filing with the Court, at or before Court in support of Plaintiffs’ motion for final approval of the Final Fairness HearingSettlement, a declaration confirming that of due diligence setting forth its compliance with its obligations under this Agreement;
ix. Notifying Defendants’ Counsel, within two (2) business days after the Effective Date, of the wiring instructions to fund the Gross Settlement Amount, which must be paid by Defendants pursuant to the deadlines as set forth in Paragraph 50.a;
x. Distributing payments due under the Settlement Notice was mailed and performing a skip-trace search for any updated addresses of any Settlement Class Member whose payment is returned as undeliverable;
xi. Issuing a W-2 Form to each Settlement Class Member for the wage portion of each Individual Settlement Share, a 1099 Form (if required) to each Settlement Class Member for the non-wage portion of each Individual Settlement Share, a 1099 Form to Named Plaintiffs for the Enhancement Awards, a 1099 Form to Class Counsel for the Attorneys’ Fees and Costs award, and a 1099 Form to the Settlement Administrator for all Class Members as required by this Agreement.Administration Costs;
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice Procedure. a. The Parties shall use CPT Group, Inc. as the Settlement Administrator shall to distribute the Class Notice, distribute payments under this Settlement Notices Agreement, handle tax reporting, establish and the Settlement Paymentshost a dedicated case settlement website, and field questions with a telephonic hotline.
b. Within ten Defendant will provide the Settlement Administrator with the Class List within thirty (1030) calendar days following the date of Preliminary Approval. The Class List shall include, the Court entering name, last known mailing address, Social Security number, and Pay Periods during the Preliminary Approval Order, Defendants shall provide Class Period of each Class Member. The Class List and any other data provided by Defendant to the Settlement Administrator a list of shall be treated as confidential and shall not be used by the Settlement Class Members that identifies Administrator for each any purpose other than as permitted by this Settlement Class Member (i) his/her last known e-mail address and mailing address that Defendants have in their possession, and Social Security Number or Federal Employer Identification Number, (ii) confirmation that each Settlement Class member did or did not complete a trip or receive payment for a completed trip in New York State at any time between December 29, 2012 and the date on which the Court enters the Preliminary Approval Order, and (iii) the total amount of New York State sales tax and Black Car Fund fees charged for rides for which each Settlement Class Member received payment at any time from December 29, 2009, through the date on which the Court enters the Preliminary Approval OrderAgreement. The Settlement Administrator will keep the list strictly confidential, use it only for the purposes described herein, take adequate safeguards to protect confidential or private information and return or certify ensure that any other communications with Class Members shall not include the destruction of Class Members’ Social Security number except for the information upon completion of the Settlement Administration processlast four digits.
c. Within twenty The Settlement Administrator shall be responsible for:
i. Mailing the Class Notice to the Class Members as directed by the Court;
ii. Consulting with counsel for the Parties concerning any relevant issue(s), including (20without limitation) the estimated amounts of Individual Settlement Shares and Individual Settlement Payments;
iii. Receiving and processing Pay Period Disputes and rejecting timely or improper Pay Period Disputes;
iv. Keeping track of Requests for Exclusion, and rejecting untimely or improper Requests for Exclusion;
v. Keeping track of Objections that it receives;
vi. Calculation and distribution of payments in accordance with this Settlement Agreement and the Court’s orders;
vii. Providing weekly status reports to counsel for the Parties, including: (a) the number of Class Notices mailed; (b) the number of Pay Period Disputes received; (c) the number of Objections received; and (d) the number of Requests for Exclusion received;
viii. No later than twenty-one (21) calendar days before the Final Approval Hearing, preparing and providing to Class Counsel and Defendant’s Counsel, for filing with the Court in support of Plaintiff’s motion for final approval of the Court entering settlement, a declaration of due diligence setting forth its compliance with its obligations under this Settlement Agreement;
ix. Notifying Defendant’s Counsel, within three (3) business days after the Preliminary Approval Order and subject to Defendants providing the information required under Paragraph 44(b)Effective Date, the Settlement Administrator shall circulate to Defendants and Class Counsel for their approval the total number of Settlement Class Members to whom it intends to send the Settlement Notice, and the amount of each Settlement Class Member’s individual Settlement Payment.
d. Within thirty (30) calendar days of the Court entering wiring instructions to fund the Preliminary Approval Order Gross Settlement Amount, which must be paid by Defendant in the amounts and subject to in accordance with the Parties providing their approval deadlines set forth in Paragraph 56(a);
x. Distributing payments due under Paragraph 44(c), the this Settlement Administrator shall send Agreement;
xi. Issuing a copy of the Settlement Notice W-2 Form to each Settlement Class Member by electronic mail. The for the wage portion of each Individual Settlement Administrator shall maintain Share, a log detailing 1099 Form (if required) to each Settlement Class Member for the instances non-wage portion of each Individual Settlement Notices are returned as undeliverable. Defendants’ CounselShare, a 1099 Form (if required) to each PAGA Group Member, a 1099 Form to Plaintiff for the Enhancement Award, a 1099 Form to Class Counsel for the Attorneys’ Fees and Costs award, and a 1099 Form to the Settlement Administrator collectively may correct immaterial errors on for all Administration Costs; and,
xii. Such other tasks as the Settlement Notice Parties mutually agree or other mailed materials without approval from the Court provided the changes do not alter the preliminary approval by the Court.
e. Settlement Class Members will have thirty (30) calendar days from the initial electronic mailing of the Settlement Notice by orders the Settlement Administrator to opt-out of the Settlementperform, with proof of submission date being the postmark date. Settlement including responding to questions from Class Members will also have thirty (30) calendar days to object to the Settlement by mailing any objection to the Settlement Administrator, with proof of submission date being the postmark dateMembers.
f. If any e-mails transmitting the Settlement Notice are returned as undeliverable, the Settlement Administrator shall send a copy of the Settlement Notice to the Settlement Class Member by mail within seven (7) calendar days. That Settlement Class Member will then have until the Bar Date or d. Within ten (10) calendar days after of receipt of the Class List, the Settlement Administrator shall mail the Class Notice is sent to all persons shown by mail Defendant’s records to opt-out be Class Members, as reflected in the Class List, via first class U.S. mail, using the most current mailing address available after a National Change of Address search. The Class Notice shall state an estimate of each Class Member’s respective Individual Settlement Share and the number of Pay Periods credited to him or object her.
e. Any Class Notice(s) returned to the SettlementSettlement Administrator as undelivered within fifteen (15) calendar days of initial mailing and bearing a forwarding address shall be re-mailed by the Settlement Administrator within three (3) business days following receipt of the returned mail. For any such Class Notice returned to the Settlement Administrator without a forwarding address, whichever is laterthe Settlement Administrator shall first conduct a National Change of Address search as required for undeliverable notices, followed by a “skip trace” search to obtain an updated address, and shall promptly re-mail the Class Notice to any newly-found address or addresses. The Settlement Administrator shall then also re-mail by first class U.S. mail any Settlement such Class Notice returned by the Post Office with a forwarding address. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt-out or object to the Settlement, whichever is later. It shall be conclusively presumed that those Settlement Class Members whose re-mailed Settlement Class Notice is not returned to the Settlement Administrator as undeliverable within ten five (105) calendar days after re-mailing, actually received the Settlement Class Notice. Within seven (7) calendar days of receiving any undelivered envelopes, .
f. Class Counsel shall provide the Court with a declaration from the Settlement Administrator will perform one skip trace using Social Security Numbers provided by Defendants, as needed, to verify the accuracy of the addresses provided and re-mail the Settlement Notice for those forms returned to sender. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt- out or object to the Settlement, whichever is later.
g. Within seven (7) calendar days of the Court adjourning the Final Fairness Hearing, or sooner if necessary and practicable, to the extent it happens, the Settlement Administrator shall mail a notice of the new date and time to any Settlement Class Member who submitted a timely and valid objection.
h. Within twenty (20) days prior to the Final Fairness Hearing, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with an Excel spreadsheet that designates each Settlement Class Member, his/her allocated share, and the appropriate totals and calculations. The Settlement Administrator shall also maintain lists of all Settlement Class Members who (i) object to the Settlement, and (ii) opt-out of the Settlement, which shall also be provided to Class Counsel and Defendants’ Counsel at that time.
i. The Settlement Administrator shall provide to the Court, at or before the Final Fairness Hearing, a declaration confirming that the Settlement Class Notice was mailed to all Class Members as required by this Settlement Agreement, as well as any additional information Class Counsel deems appropriate to provide to the Court, before the Final Approval Hearing.
Appears in 1 contract
Samples: Settlement Agreement
Notice Procedure. a. 43. No later than seven (7) calendar days after the Preliminary Approval Date, Defendant shall provide the Settlement Administrator with the Class Data for purposes of preparing and mailing Notice Packets to Class Members.
44. The Notice Packet shall contain the Notice of Class-Action Settlement, informing Class Members that, in order to receive an Individual Settlement Payment, they do not need to do anything except to keep the Settlement Administrator apprised of their respective current mailing addresses. The Notice of Class-Action Settlement shall set forth the release to be given to all Settlement Class Members in exchange for an Individual Settlement Payment.
45. The Notice Packet shall also contain an Employment-Information Sheet, including the Class Member’s starting and ending dates of employment during the Class Period, the Class Member’s number of Individual Pay Periods, and the Class Member’s estimated amount of his or her Individual Settlement Payment if he or she does not request to be excluded from the Settlement. The Settlement Administrator shall distribute use the Class Data to determine the dates of employment and to calculate the number of Individual Pay Periods for each Class Member.
46. The Notice Packet shall contain a Change-of-Address Form that Class Members may use, if necessary.
47. The documents in the Notice Packet shall be in English and Spanish.
48. Upon receipt of the Class Data, the Settlement Notices Administrator will perform a search based on the National Change of Address Database to update and the Settlement Payments.
b. Within ten correct any known or identifiable address changes. No later than fourteen (1014) calendar days after receiving the Class Data from Defendant as provided herein, the Settlement Administrator shall mail copies of the Court entering Notice Packet to all Class Members via regular first-class U.S. Mail, and shall post the Notice Packet, the Complaint, the motion for preliminary approval, this Stipulation of Settlement, the supplemental briefing filed with this Stipulation of Settlement, and the Preliminary Approval OrderOrder on its website. In addition, Defendants promptly after Class Counsel files its motion for the Fee and Expense Award with the Court, the Settlement Administrator shall post that motion on its website. The Settlement Administrator shall exercise its best judgment to determine the current mailing address of each Class Member. The address identified by the Settlement Administrator as the current mailing address shall be presumed to be the best mailing address for each Class Member.
49. Any Notice Packets returned to the Settlement Administrator as non-delivered on or before the Response Deadline shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Settlement Administrator shall promptly attempt to determine the correct address by lawful means, and shall then perform a re-mailing, if another mailing address is identified by the Settlement Administrator. Class Members who are sent a re- mailed Notice Packet shall have their Response Deadline extended fifteen (15) calendar days from the original Response Deadline.
50. Class Members will have the opportunity, should they disagree with Defendant’s records regarding the dates of employment stated on their Employment-Information Sheet, to provide documentation and/or an explanation to show contrary employment dates. If there is a dispute, the Settlement Administrator will consult with the Parties to determine whether an adjustment is warranted. The Settlement Administrator shall determine the eligibility for, and the amounts of, any Individual Settlement Payments under the terms of this Settlement, and that determination shall be binding.
51. Any disputes not resolved by the Settlement Administrator concerning the administration of the Settlement will be resolved by the Court under the laws of the State of California. Prior to any such involvement of the Court, respective counsel for the Parties will confer in good faith to resolve the disputes without the necessity of involving the Court.
52. Settlement Class Members are not required to submit a claim form to receive an Individual Settlement Payment. The Notice of Class-Action Settlement contained in the Notice Packet shall state that Class Members who wish to receive Individual Settlement Payments need not do anything except to keep the Settlement Administrator apprised of a current mailing address in order to receive an Individual Settlement Payment check following the Effective Date of the Settlement.
53. The Notice of Class-Action Settlement contained in the Notice Packet shall state that Class Members who wish to exclude themselves from the Settlement must submit a written request for exclusion by the Response Deadline. The written request for exclusion must state that the Class Member wishes to exclude himself or herself from the Settlement and (1) must contain the name, address, telephone number, and Employee ID number or the last four digits of the Social Security number of the person requesting exclusion; (2) must be signed by the Class Member; (3) must be postmarked or fax-stamped by the Response Deadline and returned to the Settlement Administrator at the specified address or fax telephone number; and (4) contain a typewritten or handwritten notice stating in substance: “I have read the Notice of Class-Action Settlement sent to me, and I wish to opt out of the Settlement of the case Xxxx Xxxxxxxxx x. Xxxx XX Environmental Corp., Los Angeles County Superior Court, Case Number BC625121. I understand that I will not receive an Individual Settlement Payment pursuant to the terms of the Settlement.” The request for exclusion will not be valid if it is not timely submitted, if it is not signed by the Class Member, or if it does not contain the name and address of the Class Member. The date of the postmark or fax-stamp on the request for exclusion shall be the exclusive means used to determine whether the request for exclusion was timely submitted. Any Class Member who requests to be excluded from the Settlement Class will not be entitled to any recovery under the Settlement and will not be bound by the terms of the Settlement or have any right to object, appeal, or comment thereon. Class Members who fail to submit a valid and timely written request for exclusion on or before the Response Deadline shall be bound by all terms of the Settlement and any final judgment entered in this Action if the Settlement is approved by the Court. At no time shall any of the Parties or their respective counsel seek to solicit or otherwise encourage Class Members to submit requests for exclusion from the Settlement.
54. If any Class Member submits a defective request for exclusion before the Response Deadline, the Settlement Administrator shall notify both Class Counsel and Defendant’s Counsel so that the Parties can meet and confer regarding any such defective request for exclusion and thereafter promptly instruct the Settlement Administrator concerning the defect(s).
55. The Notice of Class-Action Settlement contained in the Notice Packet shall state that Settlement Class Members who wish to object to the Settlement may submit to the Settlement Administrator a list written statement of objection by the Response Deadline. Written objections must be postmarked or fax-stamped by the Response Deadline and returned to the Settlement Administrator at the specified address or fax telephone number. The date of the postmark or fax- stamp on the written objection shall be deemed the exclusive means for determining that the written objection was served timely. The written objection must be signed by the Settlement Class Member and state: (1) the full name of the Settlement Class Member; (2) the dates of employment of the Settlement Class Member; (3) the Settlement Class Member’s Employee ID number or the last four digits of the Settlement Class Member’s Social Security number; (4) the basis for the objection; and (5) if the Settlement Class Member intends to appear at the final approval/settlement fairness hearing. At no time shall any of the Parties or their respective counsel seek to solicit or otherwise encourage Settlement Class Members that identifies for each Settlement Class Member (i) his/her last known e-mail address and mailing address that Defendants have in their possession, and Social Security Number to file or Federal Employer Identification Number, (ii) confirmation that each Settlement Class member did or did not complete a trip or receive payment for a completed trip in New York State at any time between December 29, 2012 and the date on which the Court enters the Preliminary Approval Order, and (iii) the total amount of New York State sales tax and Black Car Fund fees charged for rides for which each Settlement Class Member received payment at any time from December 29, 2009, through the date on which the Court enters the Preliminary Approval Order. The Settlement Administrator will keep the list strictly confidential, use it only for the purposes described herein, take adequate safeguards serve objections to protect confidential or private information and return or certify the destruction of the information upon completion of the Settlement Administration process.
c. Within twenty (20) calendar days of or appeal from the Court entering the Preliminary Final Approval Order and subject Judgment. Class Members who submit a written request for exclusion are not entitled to Defendants providing object to the information required under Paragraph 44(bSettlement.
56. Within one (1) week (i.e., seven (7) calendar days) of the conclusion of the Response Deadline (extended, if necessary, by the time periods noted above), the Settlement Administrator shall circulate will provide a written report to Defendants and Class Counsel for their approval both Parties’ respective counsel noting the total number of Settlement Class Members to whom it intends to send Notice Packets sent; the Settlement Noticenumber that were returned as undeliverable (after the follow-up required herein); the number of requests for exclusion received, including the names of those individuals who opted out and the amount of each Settlement Class Member’s individual Settlement Payment.
d. Within thirty (30) calendar days dates of the Court entering exclusions; and the Preliminary Approval Order and subject objections received, if any. Prior to the Parties providing their approval set forth under Paragraph 44(c)due date for this report, the Settlement Administrator shall send will reasonably respond to all requests from either Party’s counsel for a copy report on the current status of the Settlement Notice claims-administration process and provide weekly reports to each Settlement Class Member by electronic mail. The Settlement Administrator shall maintain a log detailing the instances Settlement Notices are returned as undeliverable. DefendantsParties’ Counsel, Class Counsel and the Settlement Administrator collectively may correct immaterial errors on the Settlement Notice or other mailed materials without approval from the Court provided the changes do not alter the preliminary approval by the Courtrespective counsel.
e. Settlement 57. If seven percent (7%) or more of the Class Members will submit timely, non-defective requests for exclusion, Defendant shall have thirty (30) calendar days from the initial electronic mailing option of the Settlement Notice by the Settlement Administrator to opt-out of canceling the Settlement, with proof of submission date being and all actions taken in its furtherance will be null and void. Based on Defendant’s records, the postmark date. Settlement Parties estimate that there are approximately one-hundred and nine (109) Class Members, meaning that Defendant can exercise this option if eight (8) or more Class Members will also have thirty (30) calendar days to object to the Settlement by mailing any objection to the Settlement Administratorsubmit timely, with proof of submission date being the postmark date.
f. If any enon-mails transmitting the Settlement Notice are returned as undeliverable, the Settlement Administrator shall send a copy of the Settlement Notice to the Settlement Class Member by mail defective requests for exclusion. Defendant must exercise this right within seven (7) calendar days. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is sent by mail Administrator notifies the Parties of the number of written requests for exclusion received. If Defendant exercises the option to opt-out or object to cancel the Settlement, whichever is laterDefendant shall pay all Administration Costs incurred through the date of the cancellation, as well as all Administration Costs incurred as a result of the cancellation.
58. The Settlement Administrator shall then re-mail any Settlement Notice returned by the Post Office with a forwarding address. That Settlement Plaintiff and Defendant agree that no Party, including their respective counsel of record, will encourage Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed Members to opt-out or object to submit requests for exclusion from the Settlement, whichever is later. It shall be conclusively presumed that those Settlement Class Members whose re-mailed Settlement Notice is not returned to the Settlement Administrator as undeliverable within ten (10) calendar days after re-mailing, actually received the Settlement Notice. Within seven (7) calendar days of receiving any undelivered envelopes, the Settlement Administrator will perform one skip trace using Social Security Numbers provided by Defendants, as needed, to verify the accuracy of the addresses provided and re-mail the Settlement Notice for those forms returned to sender. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt- out or object to the Settlement, whichever is later.
g. Within seven (7) calendar days of the Court adjourning the Final Fairness Hearing, or sooner if necessary and practicable, to the extent it happens, the Settlement Administrator shall mail a notice of the new date and time to any Settlement Class Member who submitted a timely and valid objection.
h. Within twenty (20) days prior to the Final Fairness Hearing, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with an Excel spreadsheet that designates each Settlement Class Member, his/her allocated share, and the appropriate totals and calculations. The Settlement Administrator shall also maintain lists of all Settlement Class Members who (i) object to the Settlement, and (ii) opt-out of the Settlement, which shall also be provided to Class Counsel and Defendants’ Counsel at that time.
i. The Settlement Administrator shall provide to the Court, at or before the Final Fairness Hearing, a declaration confirming that the Settlement Notice was mailed to all Class Members as required by this Agreement.
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Notice Procedure. a. The Parties shall use CPT Group, Inc. as the Settlement Administrator shall to distribute the Class Notice, distribute payments under this Settlement Notices Agreement, handle tax reporting, establish and the Settlement Paymentshost a dedicated case settlement website, and field questions with a telephonic hotline.
b. Within ten Defendant will provide the Settlement Administrator with the Class List within fourteen (1014) calendar days following the date of Preliminary Approval. The Class List shall include: the Court entering full name; last-known mailing address; last known telephone number(s); social security number; start date of employment; end date of employment; respective individual number of compensable Workweeks during the Preliminary Approval Order, Defendants shall provide Class Period and PAGA Period (if applicable); and the total number of compensable Workweeks for all Class Members during the Class Period. The Class List and any other data provided by Defendant to the Settlement Administrator a list of shall be treated as confidential and shall not be used by the Settlement Class Members that identifies Administrator for each any purpose other than as permitted by this Settlement Class Member (i) his/her last known e-mail address and mailing address that Defendants have in their possession, and Social Security Number or Federal Employer Identification Number, (ii) confirmation that each Settlement Class member did or did not complete a trip or receive payment for a completed trip in New York State at any time between December 29, 2012 and the date on which the Court enters the Preliminary Approval Order, and (iii) the total amount of New York State sales tax and Black Car Fund fees charged for rides for which each Settlement Class Member received payment at any time from December 29, 2009, through the date on which the Court enters the Preliminary Approval OrderAgreement. The Settlement Administrator will keep the list strictly confidential, use it only for the purposes described herein, take adequate safeguards to protect confidential or private information and return or certify ensure that any other communications with Class Members shall not include the destruction of Class Members’ Social Security number except for the information upon completion of the Settlement Administration processlast four digits.
c. The Settlement Administrator shall be responsible for:
i. Mailing the Class Notice to the Class Members as directed by the Court;
ii. Consulting with counsel for the Parties concerning any relevant issue(s), including (without limitation) the estimated amounts of Individual Settlement Shares and Individual Settlement Payments;
iii. Receiving and processing Workweek disputes and rejecting timely or improper Workweek disputes;
iv. Keeping track of Requests for Exclusion/Opt-Outs, and rejecting untimely or improper Requests for Exclusion/Opt-Outs;
v. Keeping track of Objections that it receives;
vi. Calculation and distribution of payments in accordance with this Settlement Agreement and the Court’s orders;
vii. Providing weekly status reports to counsel for the Parties, including: (a) the number of Class Notices mailed; (b) the number of Workweek disputes received; (c) the number of Objections received; and (d) the number of Requests for Exclusion/Opt-Outs received;
viii. No later than twenty-one (21) calendar days before the Final Approval Hearing, preparing and providing to Class Counsel and Defendant’s Counsel, for filing with the Court in support of Plaintiff’s motion for final approval of the settlement, a declaration of due diligence setting forth its compliance with its obligations under this Settlement Agreement;
ix. Notifying Defendant’s Counsel, within three (3) business days after the Effective Date, of the wiring instructions to fund the Total Settlement Amount, which must be paid by Defendant in the amounts and in accordance with the deadlines set forth in Paragraph 57;
x. Distributing payments due under this Settlement Agreement;
xi. Issuing a W-2 Form to each Settlement Class Member for the wage portion of each Individual Settlement Share, a 1099 Form (if required) to each Settlement Class Member for the non-wage portion of each Individual Settlement Share, a 1099 Form (if required) to each PAGA Group Member, a 1099 Form to Plaintiff for the Enhancement Award, a 1099 Form to Class Counsel for the Attorneys’ Fees and Costs award, and a 1099 Form to the Settlement Administrator for all Administration Costs; and,
xii. Such other tasks as the Parties mutually agree or the Court orders the Settlement Administrator to perform, including responding to questions from Class Members.
d. Within twenty (20) calendar days of the Court entering the after Preliminary Approval Order and subject to Defendants providing the information required under Paragraph 44(b)Approval, the Settlement Administrator shall circulate mail the Class Notice to Defendants and all persons shown by Defendant’s records to be Class Counsel for their approval Members, as reflected in the total number Class List, via first class U.S. mail, using the most current mailing address available after a National Change of Settlement Address search. The Class Members to whom it intends to send the Settlement Notice, and the amount Notice shall state an estimate of each Settlement Class Member’s individual respective Individual Settlement PaymentShare and the number of Workweeks credited to him or her.
d. Within thirty e. Any Class Notice(s) returned to the Settlement Administrator as undelivered within fifteen (3015) calendar days of initial mailing and bearing a forwarding address shall be re-mailed by the Court entering Settlement Administrator within three (3) business days following receipt of the Preliminary Approval Order and subject returned mail. For any such Class Notice returned to the Parties providing their approval set forth under Paragraph 44(c)Settlement Administrator without a forwarding address, the Settlement Administrator shall send first conduct a copy National Change of Address search as required for undeliverable notices, followed by a “skip trace” search to obtain an updated address, and shall promptly re-mail the Settlement Class Notice to each Settlement Class Member by electronic mailany newly-found address or addresses. The Settlement Administrator shall maintain a log detailing the instances Settlement Notices are returned as undeliverable. Defendants’ Counsel, Class Counsel and the Settlement Administrator collectively may correct immaterial errors on the Settlement Notice or other mailed materials without approval from the Court provided the changes do not alter the preliminary approval by the Court.
e. Settlement Class Members will have thirty (30) calendar days from the initial electronic mailing of the Settlement Notice by the Settlement Administrator to opt-out of the Settlement, with proof of submission date being the postmark date. Settlement Class Members will also have thirty (30) calendar days to object to the Settlement by mailing any objection to the Settlement Administrator, with proof of submission date being the postmark date.
f. If any e-mails transmitting the Settlement Notice are returned as undeliverable, the Settlement Administrator shall send a copy of the Settlement Notice to the Settlement Class Member by mail within seven (7) calendar days. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is sent by mail to opt-out or object to the Settlement, whichever is later. The Settlement Administrator shall then re-mail by first class U.S. mail any Settlement such Class Notice returned by the Post Office with a forwarding address. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt-out or object to the Settlement, whichever is later. It shall be conclusively presumed that those Settlement Class Members whose re-mailed Settlement Class Notice is not returned to the Settlement Administrator as undeliverable within ten five (105) calendar days after re-mailing, actually received the Settlement Class Notice. Within seven (7) calendar days of receiving any undelivered envelopes, .
f. Class Counsel shall provide the Court with a declaration from the Settlement Administrator will perform one skip trace using Social Security Numbers provided by Defendants, as needed, to verify the accuracy of the addresses provided and re-mail the Settlement Notice for those forms returned to sender. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt- out or object to the Settlement, whichever is later.
g. Within seven (7) calendar days of the Court adjourning the Final Fairness Hearing, or sooner if necessary and practicable, to the extent it happens, the Settlement Administrator shall mail a notice of the new date and time to any Settlement Class Member who submitted a timely and valid objection.
h. Within twenty (20) days prior to the Final Fairness Hearing, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with an Excel spreadsheet that designates each Settlement Class Member, his/her allocated share, and the appropriate totals and calculations. The Settlement Administrator shall also maintain lists of all Settlement Class Members who (i) object to the Settlement, and (ii) opt-out of the Settlement, which shall also be provided to Class Counsel and Defendants’ Counsel at that time.
i. The Settlement Administrator shall provide to the Court, at or before the Final Fairness Hearing, a declaration confirming that the Settlement Class Notice was mailed to all Class Members as required by this Settlement Agreement, as well as any additional information Class Counsel deems appropriate to provide to the Court, before the Final Approval Hearing.
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Samples: Settlement Agreement
Notice Procedure. a. The Settlement Administrator shall distribute the Settlement Notices and the Settlement Payments.
b. Within ten (10) calendar days of the Court entering the Preliminary Approval Order, Defendants shall provide to the Settlement Administrator a list of Settlement Class Members that identifies for each Settlement Class Member (i) his/her last known e-mail address and mailing address that Defendants have in their possession, and Social Security Number or Federal Employer Identification Number, (ii) confirmation that each Settlement Class member did or did not complete a trip or receive payment for a completed trip in New York State at any time between December 29, 2012 and the date on which the Court enters the Preliminary Approval Order, and (iii) the total amount of New York State sales tax and Black Car Fund fees charged for rides for which each Settlement Class Member received payment at any time from December 29, 2009, through the date on which the Court enters the Preliminary Approval Order1. The Settlement Administrator will keep the list strictly confidential, use it only for the purposes described herein, take adequate safeguards to protect confidential or private information and return or certify the destruction of the information upon completion of the Settlement Administration process.
c. Within twenty (20) calendar days of the Court entering the Preliminary Approval Order and subject to Defendants providing the information required under Paragraph 44(b), the Settlement Administrator shall circulate to Defendants and Class Counsel for their approval the total number of Settlement Class Members to whom it intends to send the Settlement Notice, and the amount of each Settlement Class Member’s individual Settlement Payment.
d. Within thirty (30) calendar days of the Court entering the Preliminary Approval Order and subject to the Parties providing their approval set forth under Paragraph 44(c), the Settlement Administrator shall send a copy of the Settlement Notice to each Settlement Class Member by electronic mail. The Settlement Administrator shall maintain a log detailing the instances Settlement Notices are returned as undeliverable. Defendants’ Counsel, Class Counsel and the Settlement Administrator collectively may correct immaterial errors on the Settlement Notice or other mailed materials without approval from the Court provided the changes do not alter the preliminary approval by the Court.
e. Settlement Class Members will have thirty (30) calendar days from the initial electronic mailing of the Settlement Notice by the Settlement Administrator to opt-out of the Settlement, with proof of submission date being the postmark date. Settlement Class Members will also have thirty (30) calendar days to object to the Settlement by mailing any objection to the Settlement Administrator, with proof of submission date being the postmark date.
f. If any e-mails transmitting the Settlement Notice are returned as undeliverable, the Settlement Administrator shall send a copy of the Settlement Notice to the Settlement Class Member by mail within seven (7) calendar days. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is sent by mail to opt-out or object to the Settlement, whichever is later. The Settlement Administrator shall then re-mail any Settlement Notice returned by the Post Office with a forwarding address. That Settlement Class Member will then have until the Bar Date or ten (10) calendar days after the Settlement Notice is re-mailed to opt-out or object to the Settlement, whichever is later. It shall be conclusively presumed that those Settlement Class Members whose re-mailed Settlement Notice is not returned to the Settlement Administrator as undeliverable within ten (10) calendar days after re-mailing, actually received the Settlement Notice. Within No later than seven (7) calendar days of receiving any undelivered envelopesfollowing the Preliminary Approval Date, the Settlement Administrator will perform one skip trace using Social Security Numbers provided by DefendantsDefendant shall send to Class Counsel an Excel spreadsheet detailing each Class Member’s last known physical address, as needed, to verify the accuracy of the addresses provided telephone number and repersonal e-mail the Settlement Notice for those forms returned to senderaddress.
2. That Settlement Class Member will then have until the Bar Date or ten No later than fourteen (1014) calendar days after following the Preliminary Approval Date, Class Counsel shall send to each Class Member the Class Notice via first class U.S. mail postage prepaid to each Class Member’s last known physical address and via e-mail to each Class Member’s last known e-mail address, if known, as reflected in Defendant’s records.
3. To receive a Settlement Payment, in the amount set out on Exhibit A, hereto, the FLSA Opt-In Plaintiffs (including the Names Plaintiffs) must sign a General Wage Release, a copy of which is attached as Exhibit E. If an FLSA Opt-In Plaintiff does not sign a Release, she will not be eligible to receive a payment under Paragraph I.1.a of this Agreement, and that portion of the settlement amount allocated to her will be distributed amongst the FLSA Opt-In Plaintiffs who did sign a Release on a pro rata basis. The Named Plaintiffs must also sign an affidavit attesting to their return of all Company Property, including payroll data, in the form agreed to by the named Plaintiffs and Defendant.
4. IWPCA Class Members will receive a Settlement Payment, in the amount set out on Exhibit B, hereto, unless they exclude themselves from the Settlement Notice is re-mailed to opt- out or object to the Settlement, whichever is laterby returning a timely Request for Exclusion.
g. Within seven (7) calendar days of the Court adjourning the Final Fairness Hearing, or sooner if necessary and practicable, to the extent it happens, the Settlement Administrator shall mail a notice of the new date and time to any Settlement 5. For an IWPCA Class Member who wishes to be excluded from the settlement, he or she must write and submit a Request for Exclusion in the form of a letter that states: “I affirm that I was employed by Xxxxxxx and I request to be excluded from the IWPCA class settlement in Xxxxxx, et al. v. Septran, Inc. (Case No. 15-cv-09270) (U.S. District Court for the Northern District of Illinois, Eastern Division).” The IWPCA Class Member must also include his or her full name, address, and telephone number, and he or she must personally sign the letter. All Requests for Exclusion must be submitted by the Claim Deadline. No IWPCA Class Member may exclude himself or herself by telephone, fax or e-mail. The date of submission is deemed to be the earlier of: (a) the date the form is deposited in the U.S. Mail, postage pre-paid, as evidenced by the postmark; or (b) the date the form is received by Class Counsel. Any IWPCA Class Member who submits a timely and valid objection.
h. Within twenty (20) days prior to the Final Fairness Hearing, the Settlement Administrator Request for Exclusion Form shall provide Class Counsel and Defendants’ Counsel with an Excel spreadsheet that designates each Settlement Class Member, his/her allocated share, and the appropriate totals and calculations. The Settlement Administrator shall also maintain lists of all Settlement Class Members who NOT: (i) be bound by any orders or judgments entered in this Class Action Litigation; (ii) be entitled to benefits or relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or (iv) be entitled to object to the SettlementSettlement or appeal from any order of the Court. Upon receipt of a Request for Exclusion, Class Counsel shall promptly notify and (ii) optsend a copy of the Request for Exclusion to counsel for Defendant. If a fully completed and properly executed Request for Exclusion is not timely received by Class Counsel from a IWPCA Class Member or FLSA Opt-In Plaintiff refusing to sign a release, then such person will be deemed to have forever waived his or her right to opt out of the Settlement, which shall also be provided to Class Counsel and Defendants’ Counsel at that timeSettlement Class.
i. The Settlement Administrator shall provide to the Court, at or before the Final Fairness Hearing, a declaration confirming that the Settlement Notice was mailed to all Class Members as required by this Agreement.
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