Notice to Class Members. 7.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data.
7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice substantially in the form attached to this Agreement as Exhibit 1. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database.
7.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address, the Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Class Members whose Class Notice is returned by the USPS a second time.
7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice.
7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith. in an effort to agree on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, ...
Notice to Class Members. 1. The Parties agree to cooperate in the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice will be submitted as an exhibit to the Joint Motion for Preliminary Approval and Class Certification. The Notice will include, at a minimum, the following:
a. A summary of the substantive relief included in this Agreement;
b. The date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s r...
Notice to Class Members. 7 7.3.1. No later than three (3) business days after receipt of the Class Data, the 8 Administrator shall notify Class Counsel that the list has been received 9 and state the number of Class Members, Aggrieved Employees, 10 Workweeks, and Pay Periods in the Class Data.
11 7.3.2. Using best efforts to perform as soon as possible, and in no event later 12 than fourteen (14) calendar days after receiving the Class Data, the 13 Administrator will send to all Class Members identified in the Class 14 Data, via first-class United States Postal Service (“USPS”) mail, the 15 Class Notice substantially in the form attached to this Agreement as 16 Exhibit A. The first page of the Class Notice shall prominently 17 estimate the dollar amounts of any Individual Class Payment and/or 18 Individual PAGA Payment payable to the Class Member/Aggrieved 19 Employee, and the number of Workweeks and PAGA Pay Periods (if 20 applicable) used to calculate these amounts. Before mailing Class 21 Notices, the Administrator shall update Class Member addresses using 22 the National Change of Address database.
23 7.3.3. Not later than five (5) business days after the Administrator’s receipt of 24 any Class Notice returned by the USPS as undelivered, the 25 Administrator shall re-mail the Class Notice using any forwarding 26 address provided by the USPS. If the USPS does not provide a 27 forwarding address, the Administrator shall conduct a Class Member 28 Address Search via skip tracing, and re-mail the Class Notice to the most 1 current address obtained. The Administrator has no obligation to make 2 further attempts to locate or send Class Notice to Class Members whose 3 Class Notice is returned by the USPS a second time.
4 7.3.4. If the Administrator, Defendants or Class Counsel is contacted by or 5 otherwise discovers any persons who believe they should have been 6 included in the Class Data and should have received Class Notice, the 7 Parties will expeditiously meet and confer in person or by telephone, 8 and in good faith. in an effort to agree on whether to include them as 9 Class Members. If the Parties agree, such persons will be Class
Notice to Class Members. 8.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data.
8.4.2 Using best efforts to perform as soon as possible, and in no event later than fourteen
Notice to Class Members. No later than thirty-five (35) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each potential Class Member, as reflected in the business records of Defendant. If the business records of Defendant do not contain an email address for a potential Class Member, the Settlement Administrator will mail the Court-approved Summary Class Notice to the last-known mailing address of that potential Class Member, as reflected in the business records of Defendant, or an updated address provided by the U.S. Postal Service. Before mailing, the Settlement Administrator will run the mailing addresses through the U.S. Postal Service’s National Change of Address database, and will update the addresses accordingly. The date on which the Summary Class Notice is emailed and mailed as set forth above is referred to as the “Notice Date.”
Notice to Class Members. 14 1. The parties mutually will agree upon language for a Notice that explains the 15 settlement to class members.
16 2. Prior to the Court holding a fairness hearing on the Settlement Agreement, USCIS 17 will post this Notice on its website, along with a copy of the Settlement Agreement.
Notice to Class Members. After the Court enters an Order Granting Preliminary Approval of the Settlement, every Class Member will be sent the Class Notice Packet (which will include the Class Notice completed to reflect the Order Granting Preliminary Approval of the Settlement and showing the Class Member’s Settlement Share) as follows:
a. No later than 14 days after the Court enters an Order Granting Preliminary Approval of the Settlement, Defendant will provide to the Settlement Administrator an electronic database containing each Class Member’s Class Data. If any or all of the Class Data is unavailable to Defendant, Defendant will so inform Class Counsel and the Parties will meet and confer to reach a resolution concerning the method to use to reconstruct or otherwise agree upon the Class Data prior to when it must be submitted to the Settlement Administrator. This information will otherwise remain confidential and will not be disclosed to anyone, except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in section III.F.2.c., or pursuant to Defendant’s express written authorization or by order of the Court. All Class Data will be used for settlement notification and settlement administration and shall not be used for any other purpose by Class Counsel. This provision shall not be construed to impede Class Counsel’s ability to discharge their fiduciary duties to the Class, and if additional disclosures are necessary, Class Counsel will obtain written authorization of Defendant and/or an order from the Court.
b. The Settlement Administrator shall update the Class Data using the National Change of Address database prior to mailing the Class Notice Packets. Using best efforts to mail it as soon as possible, and in no event later than 14 days after receiving the Class Data, the Settlement Administrator will mail the Class Notice Packets to all Class Members via first-class regular U.S. Mail using the mailing address information provided by Defendant, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement. The Class Notice, and any email containing the re-mailed Class Notice, shall include a Spanish translation.
c. If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator will promptly search for a more current address for the Class Member and re-mail the Class Notice Packet to the Class Member no later tha...
Notice to Class Members. In accordance with the terms of the Preliminary Approval Order to be entered by the Court, Class Counsel shall cause the Settlement Administrator to issue notice to potential Class Members by Mail Notice and Publication Notice. The costs of Notice, including Mail Notice, Publication Notice, and CAFA Notice, including costs to enable the Settlement Administrator to begin its work, shall be paid initially by Plains. The Costs of Mail Notice, Publication Notice and CAFA Notice shall be deducted from the amounts that Plains pays into the Common Funds or into escrow such that the Notice costs are effectively paid from the Xxxxxx Class Settlement Amount and the Property Class Settlement Amount. Plains will deduct the costs of Mail Notice and Publication Notice from the Xxxxxx Class Settlement Amount and the Property Class Settlement amount, respectively, according to the costs of Notice attributable to each Class. Plains shall deduct the costs of CAFA Notice and any other costs of notice attributable to both Classes in proportion to the allocation of the settlement amount to each Class (i.e. 80% of the costs will be deducted from the Xxxxxx Class Settlement Amount and 20% of the costs will be deducted from the Property Class Settlement Amount). These monies are not subject to reimbursement to Plains if this Settlement Agreement is terminated pursuant to Article VI.5. The Parties agree, and the Preliminary Approval Order shall state, that compliance with the procedures described in this Article is the best notice practicable under the circumstances and shall constitute due and sufficient notice to the Classes of the terms of the Settlement Agreement and the Final Approval Hearing, and shall satisfy the requirements of the Federal Rules of Civil Procedure, the United States Constitution, and any other applicable law.
Notice to Class Members. No later than twenty-eight (28) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each potential Class Member, as reflected in the business records of Defendants. If the business records of Defendants do not contain an email address for a potential Class Member, or if the email notice is “bounced back” as undeliverable so as to indicate that the email address is no longer valid, the Settlement Administrator will mail the Court-approved Summary Class Notice to the last-known mailing address of that potential Class Member, as reflected in the business records of Defendants, or an updated address provided by the U.S. Postal Service. Before mailing, the Settlement Administrator will run the mailing addresses through the U.S. Postal Service’s National Change of Address database, and will update the addresses accordingly. The date on which the Summary Class Notice is emailed and mailed as set forth above is referred to as the “Notice Date.”
Notice to Class Members. 7.4.1. No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and PAGA Pay Periods in the Class Data.
7.4.2. Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice substantially in the form attached to this Agreement as Exhibit A. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database.
7.4.3. Not later than 3 business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address, the Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send the Class Notice to Class Members whose Class Notice is returned by the USPS a second time. additional 14 days beyond the 45 days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice.
