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 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. 8.4.3 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. 8.4.4 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. 8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 2 contracts
Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement
Notice to Class Members. 8.4.1 No later than three (3) business days after receipt 2.7.1 If, by entering the Preliminary Approval Order, the Court provides authorization to send the Class Notice to Class Members, Best Buy, through the Claims Administrator, will facilitate the mailing 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 14 days after receiving the Class Data, the Administrator will send Notice to all Class Members identified in at their Last Known Addresses. The Class Notice shall be mailed via first class mail through the Class Data, via first-class United States Postal Service Service, postage pre-paid.
2.7.2 The Class Notice and its envelope or covering shall be marked to denote the return address of the Claims Administrator.
2.7.3 Within fourteen (“USPS”14) maildays after the Court enters the Preliminary Approval Order, Best Buy shall provide the name and Last Known Address and the number of Closing Shifts worked for each Class Member to the Claims Administrator so that the Claims Administrator can process and mail the Class Notices.
2.7.4 Unless the Court orders otherwise in writing, each of the Notices shall be mailed to the Last Known Addresses of the Class Members no later than the Notice Mailing Deadline.
2.7.5 Part of the fees paid to the Claims Administrator shall include all costs of the mailing described in this Section 2.7, which shall be the fees charged by the Claims Administrator, the cost of the envelopes in which the Class Notice will be mailed, the cost of reproducing the Class Notice, and the cost of postage to send the Class Notice. The following Forms will be included with the Class Notice in this mailing: Change of Name and/or Address Information (Form A), Election to Opt Out of Settlement and Class Action (Form B), and Consent to Join Settlement and Claim Certification Form (C), all substantially in the form attached to hereto. No other materials will be included in this Agreement as Exhibit A. The first page of mailing.
2.7.6 Unless the Claims Administrator receives a Class Notice returned from the United States Postal Service for reasons discussed below in this Section, that Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, be deemed mailed 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.
8.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned received 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.
8.4.4 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 whom it was sent five days (5) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are latermailing.
Appears in 2 contracts
Samples: Joint Stipulation and Settlement Agreement, Joint Stipulation and Settlement Agreement
Notice to Class Members. 8.4.1 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.
8.4.2 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 with Spanish translation, if applicable 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.
8.4.3 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.
8.4.4 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.
8.4.5 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 2 contracts
Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement
Notice to Class Members. 8.4.1 (a) 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 (b) 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 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.
8.4.3 (c) Not later than 3 business 7 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.
8.4.4 (d) 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 Response Deadline 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.
8.4.5 (e) If the Administrator, Defendant the Parties, Defense Counsel 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 2 contracts
Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement
Notice to Class Members. 8.4.1 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.
8.4.2 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. 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.
8.4.3 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.
8.4.4 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 2 contracts
Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement
Notice to Class Members. 8.4.1 7.3.1. 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 Members in the Class Data.
8.4.2 7.3.2. Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (14) days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via email and first-class United States Postal Service (“USPS”) mail, the Class Notice substantially in the form (with Spanish translation, if applicable) is 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 amountsPayment. Before emailing and mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database.
8.4.3 7.3.3. Not later than 3 three (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.
8.4.4 7.3.4. The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, objections and Requests for Exclusion will be extended an additional 14 fourteen (14) days beyond the 60 sixty (60) days otherwise provided in the Class Notice for all Class Members whose notice is re-re- mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice.
8.4.5 7.3.5. If the Administrator, Defendant Defense, 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
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 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 with Spanish translation, substantially in the form attached to this Agreement as Exhibit A. 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.
8.4.3 Not later than 3 three (3) business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-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.
8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 fourteen (14) days beyond the 60 sixty (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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 2 contracts
Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement
Notice to Class Members. 8.4.1 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, Members and PAGA Members, Workweeks, and Pay Periods in the Class Data.
8.4.2 8.4.2. 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 English with a Spanish translation in the form form, without material variation, attached to this Agreement as Exhibit A. A and incorporated by reference into this Agreement. 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.
8.4.3 8.4.3. 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-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.
8.4.4 8.4.4. The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay PeriodsChallenges, and Requests for Exclusion will be extended an additional 14 days beyond the 60 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.
8.4.5 8.4.5. 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 deemed Class Members entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
Appears in 2 contracts
Samples: Class Action and Paga Settlement Agreement, Class Action Settlement Agreement
Notice to Class Members. 8.4.1 7.4.1 No later than three five (35) business days after receipt of the Class Data, the Administrator shall notify Class Counsel and Defense 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 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.
8.4.3 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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days Response Deadline 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.
8.4.5 7.4.5 If the Administrator, Defendant Defendant, Defense Counsel 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Notice to Class Members. 8.4.1 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.
8.4.2 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 with Spanish translation, 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.
8.4.3 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.
8.4.4 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.
8.4.5 7.4.5 If the Administrator, Defendant Defendants 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Notice to Class Members. 8.4.1 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 MembersAggrieved Employees, Workweeks, and Pay Periods in the Class Data.
8.4.2 7.4.2. Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (14) calendar 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 with Spanish translation, substantially in the form attached to this Agreement as “Exhibit A. A”. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Settlement Payment and/or Individual PAGA Payment payable to the Class MemberMember and/or Aggrieved Employee, and the number of Workweeks and and/or 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.
8.4.3 7.4.3. Not later than 3 three (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.
8.4.4 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Notice to Class Members. 8.4.1 No later than three After the Court enters its order granting Preliminary Approval of the Settlement, every Class Member will be provided with the Class Notice Packet in accordance with the following procedure:
a. Within twenty-one (321) business days after receipt entry of an order granting Preliminary Approval of the Settlement, Del Monte shall deliver to the Settlement Administrator a Class DataList for Class Members, which indicates which individuals also are members of the Subclass. Del Monte will provide the Settlement Administrator shall notify with the following information for each Class Counsel that the list has been received Member: his or her name; last known mailing address and state telephone number; social security number; and the number of Class Members, PAGA Members, Workweeks, and Pay Periods in Work Weeks for the Class Data.
8.4.2 Using Member during each Class Period. If any or all of this information is unavailable to Del Monte, it will so inform Class Counsel and the Parties will make their best efforts to perform as soon as possible, and in no event later than 14 reconstruct or otherwise agree upon how to deal with the unavailable information.
b. Within thirty-five (35) days after receiving entry of an order granting Preliminary Approval of the Settlement, the Settlement Administrator will mail the Class Data, the Administrator will send Notice Packets to all identified Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mailregular U.S. Mail using the mailing address information provided by Del Monte, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement.
c. Class Members who have not responded within 45 days after the Settlement Administrator first mails the Class Notice substantially in Packet will be sent a reminder postcard by the form attached to this Agreement as Exhibit A. The first page Settlement Administrator.
d. If a Class Notice Packet is returned because of an incorrect address, within ten (10) days from receipt of the Class Notice shall prominently estimate returned packet, the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to Settlement Administrator will search for a more current address for 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.
8.4.3 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 Packet to the most current address obtainedClass Member. The Settlement Administrator has no obligation will use the National Change of Address Data Base to make further attempts attempt to locate or send find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Member for whom a Class Notice to Class Members whose Class Notice Packet is returned by the
e. As part of its weekly status report, the USPS a second time.
8.4.4 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 Settlement Administrator will inform Class Counsel and Del Monte’s Counsel of Claim Forms and Exclusion Requests received.
f. No later than twenty-eight (28) days before the Final Approval Hearing, the Settlement Administrator will serve on the Parties a declaration of due diligence setting forth its compliance with its obligations under this Agreement. The declaration from the Settlement Administrator shall be filed with the Court by Class Member Counsel no later than fifteen (15) days before the Final Approval Hearing. Before the Final Approval Hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the extended deadline filing of its prior declaration.
g. Not later than twenty-eight (28) days before the Final Approval Hearing, Class Counsel will file with the re-mailed Class Notice.
8.4.5 If Court, and provide to the Settlement 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class NoticeMotion for Final Approval, which ever are later.shall include Class Counsel’s Application for
Appears in 1 contract
Samples: Settlement Agreement
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 14 fourteen (14) calendar 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 (in English only) 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.
8.4.3 Not No later than 3 three (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.
8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 fourteen (14) calendar days beyond the 60 forty- five (45) days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will shall inform the Class Member of the extended deadline with the re-mailed Class Notice.
8.4.5 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) calendar days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 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 Class Period 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.
8.4.3 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.
8.4.4 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 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.
8.4.5 If the Administrator, Defendant ONP 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three 71. Within thirty (330) business days after receipt of the Class DataPreliminary Approval Date, GDIT shall provide to the Settlement Administrator shall notify Class Counsel that the list has been received and state the number of information in electronic format regarding all Class Members, PAGA Membersincluding name(s), Workweekslast known residence addresses, Social Security numbers, and Pay Periods in dates worked for Covered Class Workweeks. Class Member data shall only be used by the Settlement Administrator for the purpose of calculating settlement shares and finding and notifying Class Members of the settlement. Class Member data will be subject to the Settlement Administrator’s confidentiality agreement and shall not be disclosed to the Named Plaintiff, Class Counsel, or any other Class Members without the written consent of GDIT, except that GDIT will authorize the Settlement Administrator on a case-by-case basis to provide to Plaintiff’s Counsel information necessary to field any questions or address any challenges raised by a specific Class Member.
72. Prior to mailing the Class Data.
8.4.2 Using best efforts to perform as soon as possibleNotice, and in no event later than 14 days after receiving the Settlement Administrator will update the addresses for 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.
8.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned database and other available resources deemed suitable by the USPS as undelivered, Settlement Administrator. Any returned envelopes from the Administrator shall re-mail the Class Notice using any initial mailing with forwarding address provided addresses will be used by the USPS. If the USPS does not provide a forwarding address, the Settlement Administrator shall conduct a to locate Class Member Address Search, Members and re-mail the Class Notice to the most current address obtainedcorrect or updated address. The Settlement Administrator has no obligation will use all appropriate tracing methods, including skip tracing, to make further attempts ensure that the Class Notice is received by Class Members. The Settlement Administrator shall also take reasonable steps including skip tracing to locate or send any Class Notice to Class Members Member whose Class Notice is returned by the USPS a second timeas undeliverable.
8.4.4 The deadlines 73. Within twenty-one (21) days of receiving the Class Member data from GDIT and after it has completed all of the address updates 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 Settlement Administrator shall mail 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.
8.4.5 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. At least five (5) business days prior to this mailing, the Settlement Administrator shall provide GDIT with a report listing the estimated settlement payment amounts to each Class Member.
74. Class Members shall have forty-five (45) days from the date of mailing of the Class Notice to opt out of the Class or object to the Settlement. If the Parties agree45th day falls on a Sunday or holiday, such persons the deadline will be the next business day that is not a Sunday or holiday. After recalculating estimated settlement allocations to account for opt-outs, Settlement Class Members entitled will receive their allocation from the settlement fund agreed upon pursuant to this Settlement Agreement and calculated by the same rights as other Class Members, and Settlement Administrator.
75. All Settlement Administration Expenses shall come out of the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are laterMaximum Settlement Amount.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 8.4.1 7.2.1. No later than three (3) 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 MembersAggrieved Employees, Class Period Workweeks, and Pay Periods PAGA Period Workweeks in the Class Data.
8.4.2 7.2.2. 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”) USPS mail, the Class Notice substantially in the form attached to this Agreement as Exhibit A. Notice. 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 MemberMember and/or Aggrieved Employee, and the number of Class Period Workweeks and PAGA Pay Periods Period Workweeks (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address NCOA database.
8.4.3 7.2.3. 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.
8.4.4 7.2.4. 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.
8.4.5 7.2.5. If the Administrator, Defendant Defendants, 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 telephoneconfer, 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 (a) 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 (b) 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 with Spanish translation 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.
8.4.3 (c) Not later than 3 business 7 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.
8.4.4 (d) 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 Response Deadline 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.
8.4.5 (e) If the Administrator, Defendant the Parties, Defense Counsel 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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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, WorkweeksAggrieved Employees, and Pay Periods Worked in the Class Data.
8.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 10 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 [with Spanish translation, if applicable] substantially in the form attached to this Agreement as Exhibit A. A, or as modified by the Court and agreed to by the Parties. 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 Worked as a Class Member and Aggrieved Employee (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.
8.4.3 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.
8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay PeriodsPeriods Worked, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days Response Deadline 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.
8.4.5 If the Administrator, Defendant or Defense Counsel, Class Counsel is or Defendants are 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three (3) business days The Claims Administrator will mail, by first-class mail at Ford’s expense, the Short Form Class Notice containing the language in Exhibit A, and substantially in the same form as in Exhibit A. As soon as is practicable after receipt the preliminary approval of the Class DataSettlement, the Claims Administrator will obtain from Ford and HIS Automotive (formerly X.X. Xxxx) the name and last known address of each potential member of the Class. Lead Class Counsel may request that, to the extent permitted by law, this information also shall be provided to Lead Class Counsel, who agree to use the list for the limited purpose of informing Class members of the Settlement and their rights thereunder and for no other purpose. Xxxx does not oppose this request. Prior to mailing the Short Form Class Notice, the last known address of potential Class Members will be checked and updated going back four years through the use of the National Change of Address Database. Thereafter, the Claims Administrator shall notify send a copy of the Short Form Class Counsel that the list has been received and state the number of Notice by first-class mail to each Class Members, PAGA Members, WorkweeksMember so identified, and Pay Periods in each copy of the Short Form Class Data.
8.4.2 Using Notice shall include a claim number unique to the recipient. The Claims Administrator shall use its best efforts to perform as soon as possible, and in no event later than 14 complete the initial mailing of the Short Form Class Notice to potential Class Members within 75 days after receiving the Preliminary Approval Date. If any Short Form Class DataNotice mailed to any potential Class Member is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall perform a reasonable search (e.g., the Administrator will National Change of Address Database) for a more current name and/or address for the potential Class Member and (provided that a more current name and/or address can be found through such a search) re-send the returned Short Form Class Notice to all the potential Class Members identified in the Class Data, via Member by first-class United States Postal Service (“USPS”) mail, . In the event that any Short Form Class Notice mailed to a potential Class Member is returned as undeliverable a second time, then no further mailing shall be required. The Claims Administrator will promptly log each Short Form Class Notice that is returned as undeliverable and provide copies of the log to Class Counsel. The Claims Administrator shall cause, by the Notice Date, a one-time publication of the Publication Notice, substantially in the form attached to this Agreement as Exhibit A. The first page C, to appear in the Marketplace/Legal Notice Section of USA Today. Defendant shall bear the cost 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.
8.4.3 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.
8.4.4 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 publication of the extended deadline with the re-mailed Class Publication Notice.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Samples: Settlement Agreement
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, Members and Pay Periods Workweeks in the Class Data.
8.4.2 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 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.
8.4.3 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.
8.4.4 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.
8.4.5 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 8.4.1 7.2.1. No later than three (3) 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 MembersAggrieved Employees, Workweeks, and Pay Periods in the Class Data.
8.4.2 7.2.2. 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 DocuSign Envelope ID: F6672B51-E6A3-4F91-ADA8-70617C766437 States Postal Service (“USPS”) mail, the Class Notice substantially in the form attached to this Agreement as Exhibit A. Notice, with Spanish translation. 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.
8.4.3 7.2.3. 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.
8.4.4 7.2.4. 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.
8.4.5 7.2.5. 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Notice to Class Members. 8.4.1 (a) 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 (b) 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 with a Spanish translation 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.
8.4.3 (c) Not later than 3 business 7 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.
8.4.4 (d) 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.
8.4.5 (e) If the Administrator, Defendant the Parties, Defense Counsel 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Notice to Class Members. 8.4.1 No 4.3.1. Not 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, Workweeksthe Total Vehicle Transports, and Pay Periods the Total PAGA Period Vehicle Transports in the Class Data.
8.4.2 4.3.2. Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (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 Each Class Notice shall prominently include an estimate of the dollar amounts amount of any the Individual Class Payment and/or Individual PAGA Member Payment payable to the Class Member, the Individual PAGA Payment to the Aggrieved Class Member (if applicable), the number of Class Period Vehicle Transports attributed to the Class Member, the number of PAGA Period Vehicle Transports attributed to the Aggrieved Class Member, and the number of Workweeks and the formula for calculating his or her Individual Class Member Payment and/or Individual PAGA Pay Periods (if applicable) used to calculate these amountsPayment. Before mailing the Class Notices, the Administrator shall update Class Member addresses using the National Change of Address NCOA database.
8.4.3 4.3.3. Not later than 3 three (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 at least one 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.
8.4.4 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-mailed4.3.4. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice.
8.4.5 If the Administrator, Defendant the Parties, Defense Counsel or Class Counsel is are contacted by or otherwise discovers discover 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 good faith by telephone or by telephone, and in good faith. videoconference in an effort to agree on whether to include them the person is a Class Member as Class Membersdefined in this Agreement. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever is later. If the Parties disagree, the Parties will ask mediator Xxxx X. Xxxx to resolve the dispute, if he is available to promptly address it. If Xx. Xxxx is unavailable to promptly address the dispute, the Parties will seek resolution from the Court. If the Parties determine that any persons are Class Members, such persons will be entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than fourteen (14) days after receipt of Class Notice, or the deadline in the Class Notice, whichever is later.
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Notice to Class Members. 8.4.1 No later than three After the Court enters its Preliminary Approval Order, every Class Member will be provided with the Notice Packet in accordance with the following procedure:
a. Within fifteen (315) business calendar days after entry of the Preliminary Approval Order, Defendant shall deliver to the Class Data to the Settlement Administrator.
b. Upon receipt of the Class Data, the Settlement Administrator will perform a search based on the National Change of Address Database to update and correct any known or identifiable address changes. The Settlement Administrator shall notify maintain the Class Counsel that Data as private and confidential and take reasonable and necessary precautions to maintain the list has been received and state the number confidentiality of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. The Settlement Administrator shall not distribute or use the Class Data or any information contained therein for any purpose other than to administer this Settlement.
8.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 c. Within fourteen (14) calendar days after receiving Defendant’s deadline to provide the Class DataData to the Settlement Administrator, the Settlement Administrator will send mail the Notice Packet to all identified Class Members identified in the Class Data, via first-class United States Postal Service regular U.S. Mail.
d. If a Notice Packet is returned because of an incorrect address, within ten (“USPS”10) maildays from receipt of the returned Notice Packet, the Class Notice substantially in the form attached to this Agreement as Exhibit A. The first page of Settlement Administrator will conduct a search for a more current address for the Class Member and re-mail the Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable Packet to the Class Member. The Settlement Administrator will use the National Change of Address Database and skip traces to attempt to find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Member for whom a Notice Packet is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members for whom new addresses are found. If the Settlement Administrator is unable to locate a better address, the Notice Packet shall be re-mailed to the original address. If the Notice Packet is re-mailed, the Settlement Administrator will note for its own records the date and address of each re-mailing. Those Class Members who receive a re-mailed Notice Packet, whether by skip- trace or forwarded mail, will have an additional ten (10) days to postmark an Exclusion Form, or file and serve an objection to the Settlement or dispute the information provided in their Notice Packet. The Settlement Administrator shall xxxx on the envelope whether the Notice Packet is a re-mailed notice.
e. Class Members may dispute the information provided in their Notice Packet, but must do so in writing, via first class mail, and it must be postmarked by the Response Deadline. To the extent Class Members dispute the number of weeks to which they have been credited or the amount of their Individual Settlement Share, Class Members must produce evidence to the Settlement
f. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. If after the cure period the Exclusion Form is not cured, it will be determined that the Class Member did not exclude himself or herself from the Settlement and will be bound by the Settlement.
g. The Settlement Administrator shall provide a weekly status report to the Parties. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Counsel for Defendant of the number of Notice Packets mailed, the number of Notice Packets returned as undeliverable, the number of Notice Packets re-mailed, 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 databaseExclusion Forms received.
8.4.3 Not h. No later than 3 business fourteen (14) calendar days after the Administrator’s receipt of any Class Notice returned by the USPS as undeliveredResponse Deadline, the Settlement Administrator will serve on the Parties a declaration of due diligence setting forth its compliance with its obligations under this Agreement. The declaration from the Settlement Administrator shall re-mail also be filed with the Court by Class Notice using any forwarding address provided by Counsel no later than ten (10) calendar days before the USPSFinal Approval hearing. If Before the USPS does not provide a forwarding addressFinal Approval hearing, 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.
8.4.4 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 Settlement Administrator will inform supplement its declaration of due diligence if any material changes occur from the Class Member date of the extended deadline with the re-mailed Class Noticefiling of its prior declaration.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Samples: Settlement Agreement
Notice to Class Members. 8.4.1 No later than three After the Court enters its Preliminary Approval Order, every Class Member will be provided with the Class Notice in accordance with the following procedure:
a. Within fifteen (315) business days after entry of the Preliminary Approval Order, Defendant shall deliver the Class Data to the Settlement Administrator.
b. Upon 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 14 days after receiving the Class Data, the Settlement 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 perform a search based on the National Change of Address databaseDatabase to update and correct any known or identifiable address changes. The Settlement Administrator shall maintain the Class Data as private and confidential and take reasonable and necessary precautions to maintain the confidentiality of the Class Data. The Settlement Administrator shall not distribute or use the Class Data or any information contained therein for any purpose other than to administer this Settlement.
8.4.3 Not later than 3 business c. Within fourteen (14) calendar days after Defendant’s deadline to provide the Class Data to the Settlement Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Settlement Administrator shall re-will mail the Class Notice using any forwarding address provided by the USPS. to all identified Class Members via first-class U.S. Mail.
d. If the USPS does not provide a forwarding Class Notice is returned because of an incorrect address, within ten (10) days from receipt of the returned Class Notice, the Settlement Administrator shall will conduct a search for a more current address for the Class Member Address Search, and re-mail the Class Notice to the most current address obtainedClass Member. The Settlement Administrator has no obligation will use the National Change of Address Database and skip traces to make further attempts attempt to locate or send find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Notice to Class Members whose Member for whom a Class Notice is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the USPS tracking of all undelivered mail; performing address searches for all mail returned without a second time.
8.4.4 The deadlines forwarding address; and promptly re-mailing to Class Members for Class Members’ written objectionswhom new addresses are found. If the Settlement Administrator is unable to locate a better address, 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 shall be re-mailed to the original address. If the Class Members whose notice Notice is re-mailed. The , the Settlement Administrator will inform note for its own records the date and address of each re-mailing. Those Class Member of the extended deadline with the Members who receive a re-mailed Class Notice, whether by skip- trace or forwarded mail, will have an additional ten (10) days to postmark an Exclusion Form, or file and serve an objection to the Settlement. The Settlement Administrator shall mark on the envelope whether the Class Notice is a re-mailed notice.
8.4.5 If e. Class Members may dispute the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included information provided in the Class Data and should have received their Class Notice, the Parties will expeditiously meet and confer but must do so in person or by telephonewriting, via first class mail, and in good faithit must be postmarked by the Response Deadline. in an effort to agree on whether to include them as Class Members. If To the Parties agree, such persons will be Class Members entitled extent
f. The Settlement Administrator shall provide a weekly status report to the same rights Parties. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defendant’s Counsel of the number of Notice Packets mailed, the number of Notice Packets returned as other Class Membersundeliverable, the number of Notice Packets re-mailed, and the number of Exclusion Forms received.
g. No later than fourteen (14) calendar days after the Response Deadline, the Settlement Administrator will send, via email or overnight delivery, serve on the Parties a Class Notice requiring them to exercise options declaration of due diligence setting forth its compliance with its obligations under this Agreement not Agreement. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than 14 ten (10) calendar days after receipt before the Final Approval hearing. Before the Final Approval hearing, the Settlement Administrator will supplement its declaration of Class Notice, or due diligence if any material changes occur from the deadline dates in date of the Class Notice, which ever are laterfiling of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 8.4.1 a. No later than fourteen (14) calendar days after the Court grants Preliminary Approval of the Settlement, Defendant will deliver the Class Data and PAGA Data to the Administrator in the form of a Microsoft Excel spreadsheet. To protect Class Members’ privacy rights, the Administrator must maintain the Class Data in confidence, use the Class Data and PAGA Data only for purposes of this Settlement and for no other purpose, and restrict access to the Class Data and PAGA Data to Administrator employees who need access to the Class Data and PAGA Data to effect and perform under this Agreement. Defendant has a continuing duty to immediately notify Class Counsel if it discovers the Class Data and PAGA Data omitted Class or PAGA Members’ identifying information and to provide corrected or updated Class Data and PAGA Data as soon as reasonably feasible. Without any extension of the deadline by which Defendant must send the Class Data and PAGA Data to the Administrator, the Parties and their counsel will expeditiously use their best efforts, in good faith, to reconstruct or otherwise resolve any issues related to missing or omitted Class Data and PAGA Data. Names, Social Security Numbers, and contact information will not be shared with Class Counsel without the express consent of Defendant.
b. No later than three (3) business days after receipt of the Class Data and PAGA 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 and PAGA Data.
8.4.2 c. Before mailing Class Notices, the Administrator shall update Class Member addresses using the NCOA. Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (14) calendar days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, Data the Class Notice via first-class United States Postal Service (“USPS”) 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.
d. The Administrator will mail the PAGA Settlement Notice to the PAGA Members alongside their Individual PAGA Payment checks via first-class USPS mail. Before mailing Class NoticesIn other words, the Administrator shall update Class Member addresses using PAGA Members will only receive notice of the National Change of Address databasesettlement following Final Approval.
8.4.3 Not e. No later than 3 three (3) business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail remail 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, Search and re-mail remail 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.
8.4.4 f. The deadlines for Class Members’ written objections, Challenges and/or challenges to Workweeks and/or Pay PeriodsWorkweeks, 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.fourteen
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Notice to Class Members. 8.4.1 No later than three (3) 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, 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 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”) USPS mail, the Class Notice with Spanish translation, 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.
8.4.3 Not later than 3 5 business days after the Administrator’s Administrators 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.
8.4.4 The deadlines for Class Members’ Members written objections, Challenges challenges to Workweeks and/or Pay Periods, Periods and Requests for Exclusion will be extended an additional 14 days beyond the 60 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.
8.4.5 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 person, e-mail, videoconference, 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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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, Workweeksand the total number of Class Members Hours Worked, and Pay Periods total number of PAGA Members Hours Worked in the Class Data.
8.4.2 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 Hours Worked by Class Members during the Class Period, and the number of Hours Worked by PAGA Pay Periods Members during the PAGA Period (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.
8.4.3 Not later than 3 5 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.
8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay PeriodsClass Hours Worked, and Requests for Exclusion will be extended an additional 14 15 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.
8.4.5 If the Administrator, Defendant 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three a. Within thirty (330) business calendar days after entry of the Preliminary Approval Order, Defendant will deliver to the Settlement Administrator the Class Data and the information needed to calculate its share of payroll taxes.
b. Upon 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 14 days after receiving the Class Data, the Settlement 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 search the National Change of Address databaseDatabase and make address changes. The Class Data shall be confidential and all reasonable precautions taken to maintain confidentiality. Class Data shall not be used for any purpose other than to administer this Settlement.
8.4.3 Not later than 3 business c. Within fourteen (14) days calendar days after Defendant’s deadline to provide the Class Data to the Settlement Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Settlement 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-will 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 all identified Class Members whose via first-class U.S. Mail.
d. The Settlement Administrator will take reasonable steps to trace the mailing address of any Class Member for whom a Class Notice is returned by U.S. Postal Service as undeliverable, within ten (10) days from receipt of the USPS returned Notice including, tracking all undelivered mail; performing prompt address searches; and promptly re-mailing Notices. If the Settlement Administrator is unable to locate a second time.
8.4.4 The deadlines for Class Members’ written objectionsbetter address, 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 a Class Notice for all shall be re-mailed to the original address. Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the who receive a re-mailed Class Notice, will have fifteen (15) days from re-mailing to postmark a request for exclusion, or written objection to the Settlement.
8.4.5 If e. Class Members may dispute the Administratorinformation provided in their Class Notice, Defendant or but must do so in writing, via first class mail, postmarked by the Response Deadline. To the extent Class Counsel is contacted by or otherwise discovers any persons who believe Members dispute the number of weeks they should have been included in credited with, Class Members may provide evidence to the Settlement Administrator showing why they believe the information is inaccurate. Absent evidence rebutting Defendant’s records, Defendant’s records will be presumed accurate. If a Class Data and should have received Class NoticeMember produces evidence to the contrary, the Parties will expeditiously meet and confer in person or by telephoneevaluate the evidence, and in good faith. in an effort make a final decision as to agree on whether the number of eligible weeks, subject to include them review by the Court.
f. The Settlement Administrator shall provide a weekly status report informing Class and Defendant’s Counsel of the number of Notice Packets mailed, number returned as Class Members. If undeliverable, number re-mailed, and number of requests for exclusion, and objections, received.
g. No later than fourteen (14) calendar days after the Response Deadline, the Settlement Administrator will provide the Parties agreea declaration setting forth compliance with its obligations under this Agreement. The declaration shall be filed with the Court by Class Counsel. Before the Final Approval hearing, such persons will be Class Members entitled to the same rights as other Class Members, and the Settlement Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt supplement its declaration if any material changes occur from the date of Class Notice, or the deadline dates in the Class Notice, which ever are laterits prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
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 PAGA Pay Periods in the Class Data.
8.4.2 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 with Spanish translation 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.
8.4.3 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.
8.4.4 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 Response Deadline with the re-mailed Class Notice.
8.4.5 8.4.4 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 NoticeNotice who did not, 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class NoticeResponse Deadline, which ever are is later.
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Notice to Class Members. 8.4.1 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.
8.4.2 7.4.2. Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (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.
8.4.3 7.4.3. Not later than 3 three (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.
8.4.4 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 fourteen (14) days beyond the 60 sixty (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.
8.4.5 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 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 MembersAggrieved Employees, Workweeks, and Pay Periods in the Class Data.
8.4.2 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 with Spanish translation, 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.
8.4.3 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.
8.4.4 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 45 days otherwise provided in the Class Notice for all Class Members whose notice is re-re- mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 8.3.1 No later than three five (35) 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 including the number of Unpaid Wage Class Members, WorkweeksWage Statement Class Members, and Pay Periods Expense Reimbursement Class Members, and the number of Adjunct Aggrieved Employees and Expense Reimbursement Aggrieved Employees, and Individual Class Member Qualifying Work Months during each Resolution Period, in the Class Data.
8.4.2 8.3.2 Using best efforts to perform as soon as possible, and in no event later than 14 10 business 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”) mailmail and by e- mail where available, 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.
8.4.3 8.3.3 Not later than 3 three (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, 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.
8.4.4 8.3.4 The deadlines for Class Members’ written objections, Challenges challenges to Workweeks and/or Pay PeriodsIndividual Class Member Qualifying Work Months, and Requests for Exclusion will be extended an additional 14 calendar days beyond the 60 calendar 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.
8.4.5 8.3.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who they 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 person, writing, or by telephone, and in good faith. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 calendar days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are whichever is later.
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Notice to Class Members. 8.4.1 27 8.4.1. No later than three (3) business days after receipt of the Class Data, the 28 Administrator shall notify Class Counsel that the list has been received and 1 state the number of Class Members, PAGA Members, Workweeks, and Pay 2 Periods in the Class Data.
8.4.2 3 8.4.2. Using best efforts to perform as soon as possible, and in no event later than 14 4 fourteen (14) days after receiving the Class Data, the Administrator will send 5 to all Class Members identified in the Class Data, via first-class United States 6 Postal Service (“USPS”) mail, the Class Notice with Spanish translation 7 substantially in the form attached to this Agreement as Exhibit A. The first 8 page of the Class Notice shall prominently estimate the dollar amounts of any 9 Individual Class Payment and/or Individual PAGA Payment payable to the 10 Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to 11 calculate these amounts. Before mailing Class Notices, the Administrator 12 shall update Class Member addresses using the National Change of Address 13 database.
8.4.3 14 8.4.3. Not later than 3 three (3) business days after the Administrator’s receipt of any 15 Class Notice returned by the USPS as undelivered, the Administrator shall re-re- 16 mail the Class Notice using any forwarding address provided by the USPS. If 17 the USPS does not provide a forwarding address, the Administrator shall 18 conduct a Class Member Address Search, and re-mail the Class Notice to the 19 most current address obtained. The Administrator has no obligation to make 20 further attempts to locate or send Class Notice to Class Members whose Class 21 Notice is returned by the USPS a second time.
8.4.4 22 8.4.4. The deadlines for Class Members’ written objections, Challenges to 23 Workweeks and/or Pay Periods, as set forth in paragraph 8.6, and Requests for Exclusion 24 Exclusion, as set forth in paragraph 8.5 will be extended an additional 14 25 fourteen (14) days beyond the 60 sixty (60) days otherwise provided in the Class 26 Notice for all Class Members whose notice is re-mailed. The Administrator 27 will inform the Class Member of the extended deadline with the re-mailed 28 Class Notice.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 (a) 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 MembersAggrieved Employees, Workweeks, and Pay Periods in the Class Data.
8.4.2 (b) 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 with Spanish translation 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/Aggrieved Employee, 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.
8.4.3 (c) Not later than 3 business 7 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.
8.4.4 (d) 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 Response Deadline 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.
8.4.5 (e) If the Administrator, Defendant the Parties, Defense Counsel 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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, Class Workweeks, and Pay Periods PAGA Workweeks in the Class Data.
8.4.2 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 with Spanish translation substantially in the form attached to this Agreement as Exhibit A. The Administrator will also post a copy of the Class Notice with Spanish Translation on its website at least until the date of the Final Approval Hearing. 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 Class Workweeks and PAGA Pay Periods Workweeks (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.
8.4.3 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-re- mail the Class Notice to the most current address obtained. The Other than verifying that Defendant does not have any additional information to locate or send the Class Notice, 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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay PeriodsWorkweeks, and Requests for Exclusion will be extended an additional 14 days beyond the 60 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.
8.4.5 7.4.5 If the Administrator, Defendant Defendant, or Class Counsel is are 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 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.
8.4.2 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 with Spanish translation substantially in the form attached to this Agreement as Exhibit A. “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.
8.4.3 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.
8.4.4 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 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.
8.4.5 7.4.5. If the Administrator, Defendant Defendants 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No (A) Within fourteen (14) days of the filing of the Preliminary Approval Order, Census will provide the Settlement Administrator, in electronic form, a list of all 2010 decennial census applicants who were excluded by Census’s adjudication criteria, or who received Census’s 30-day letter. Census will provide the following information for each such applicant, to the extent said information was originally provided by the applicant to Census and resides in Census’ records: name, social security number, self-reported email addresses, last known address, and last known phone numbers. All information provided regarding potential class members will also be provided to Class Counsel. Before such information is released, the Parties will draft a protective order to be signed by the Settlement Administrator and Class Counsel and endorsed by the Court. The protective order will cover all decennial census applicants’ personal identifying information protected under the Privacy Act.
(B) Within fourteen (14) days of Census’s provision of the information set forth in Section 2.4(A) to the Settlement Administrator, the Settlement Administrator will transmit via electronic mail to any potential class member for whom an e-mail address was provided, the Court approved Notice and Claim Form. For potential class members for whom Census does not produce an e-mail address and those for whom the e-mail notice is returned undeliverable, the Settlement Administrator will provide, via First Class United States Mail, postage prepaid, a postcard notifying them of the Settlement and directing them to an interactive settlement website and a toll-free number for additional information. The website and the toll-free number will be operated by the Settlement Administrator. Potential class members will be able to view the Notice and Claim Form through the website and can either submit online or print and submit via e-mail, fax or U.S. Mail. Potential class members will also be able to request a hard copy to be sent to them via First Class Mail.
(C) The Claim Form shall require the potential class member to provide his or her name, signature, date of signing, a certification that he or she applied for a position with Census, and a certification that he or she self-identifies as African- American and/or Latino (and will include the option to provide an email address). The Claim Form will also contain a short description of what it means to be a Group A Filer and Group B Filer, an opportunity to select to be a Group A Filer or Group B Filer, and information regarding the Settlement opt out procedure discussed in Section 2.5. The Claim Form will be returnable by email, website, fax, or U.S. Mail.
(D) All Group A and Group B filers who self-identify as African-American or Latino will automatically be designated by the Settlement Administrator as official “Class Members.” The Settlement Administrator shall exclude from Class Member Relief any individual that fails to affirmatively self-identify as African- American or Latino. Additionally, the Settlement Administrator shall have sole authority to reject any Claim Form on the basis that it contains any manner of incomplete information.
(E) In order to be timely, Claim Forms sent by email not returned as undeliverable or mailed by the Settlement Administrator and not returned as undeliverable must be returned to the Settlement Administrator by the date which is ninety (90) days after the date they are transmitted by the Settlement Administrator, but no later than three one hundred and twenty (3120) business days after receipt the date of the Class Datainitial transmittal of the Notices. Claim Forms will not be considered if received by fax or email or the envelope returning it to the Settlement Administrator is dated or postmarked later than that date (i.e., more than ninety (90) days after the Administrator shall notify Class Counsel date transmitted by the Settlement Administrator, or more than one hundred and twenty (120) days after the date of the initial transmittal of the Notices). However, additional time may be provided to a potential class member who misses the Claim Bar Date if good cause, as determined by the Settlement Administrator, is demonstrated by the potential class member, provided 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 14 days after receiving may the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service additional time exceed ninety (“USPS”90) 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.
8.4.3 Not later than 3 business additional days after the Administrator’s receipt Claim Bar Date.
(F) The Settlement Administrator will take all reasonable steps to obtain the correct address 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 Members or potential class members for whom 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 post office as undeliverable and shall attempt to re-mail the Notice to the updated address. The Settlement Administrator will notify Class Counsel of any Notice sent to a second timeClass Member or potential class member that is returned as undeliverable after the first mailing, as well as any such Notice returned as undeliverable after any subsequent mailing(s) as set forth in this Agreement. Class Members or potential class members for whom any re-mailing is sent shall have ninety (90) days from the last re-mailing to submit their Claim Form, or one hundred and twenty (120) days from the initial mailing, whichever is earlier.
8.4.4 The deadlines for (G) All Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, Members and Requests for Exclusion potential class members 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 deemed to have filed their Claim Forms with the re-mailed Class Notice.
8.4.5 If Court on the Administrator, Defendant or Class Counsel date the Claim Form 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 returned to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are laterSettlement Administrator.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 8.4.1 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.
8.4.2 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 with Spanish translation 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 amount of Workweeks and PAGA Pay Periods (if applicable) security deposit withheld for cleaning, repairs, or late charges for rent as reflected on the tenants’ final account statement used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database.
8.4.3 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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay PeriodsCalculation of Security Deposits Withheld for Cleaning, Repair, or Late Charges for Rent and Requests for Exclusion will be extended an additional 14 days beyond the 60 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.
8.4.5 7.4.5 If the Administrator, Defendant L.A. Southpark 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 8.4.1 7.4.1. No later than three (3) 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, Members and Pay Periods Workweeks in the Class Data.
8.4.2 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 Attachment 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.
8.4.3 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.
8.4.4 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 time otherwise provided in the Class Notice for all Class Members whose notice is re-re- mailed. The Administrator will inform the Class Member of the extended deadline with the re-re- mailed Class Notice.
8.4.5 7.4.5. If the Administrator, Defendant Defendants 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 a good- faith 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 8.4.1 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.
8.4.2 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 Notice, with Spanish translation, 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 databaseAddressdatabase.
8.4.3 7.4.3 Not later than 3 three (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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Workweeks, Pay Periods, and/or calculations, and Requests for Exclusion will be extended an additional 14 (fourteen) days beyond the 60 forty-five (45) days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member Members of the extended deadline with the re-mailed Class Notice.
8.4.5 7.4.5 If the Administrator, Defendant Defendants 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. telephone 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 (fourteen) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Notice to Class Members. 8.4.1 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 class data has been received received, and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods Members in the Class Data.
8.4.2 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (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”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) information used to calculate these amountsthe amount. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database.
8.4.3 7.4.3 Not later than 3 seven (7) business days after the Administrator’s Administrators 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.
8.4.4 7.4.4 The deadlines for Class Members’ Members written objections, Challenges to Workweeks and/or Pay Periods, objections and Requests for Exclusion will be extended an additional 14 fourteen (14) days beyond the 60 sixty (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.
8.4.5 7.4.5 If the Administrator, Defendant Bonobos, Observatory, 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are whichever is later.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 8.4.1 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, Members and Pay Periods Workweeks in the Class Data.
8.4.2 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 [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”) USPS mail, the Class Notice [with Spanish translation, if applicable] 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.
8.4.3 7.4.3 Not later than 3 [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.
8.4.4 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 [14] days beyond the 60 [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.
8.4.5 7.4.5 If the Administrator, Defendant XYZ 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 [14] days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 8.4.1 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, WorkweeksMembers and Workweeks worked during the Class Period, and Aggrieved Employees and PAGA Pay Periods in worked during the Class Data.PAGA Period..
8.4.2 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 with Spanish translation, if applicable 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.
8.4.3 7.4.3 Not later than 3 three (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 Notices to Class Members whose Class Notice is returned by the USPS a second time.
8.4.4 7.4.4 The deadlines Response Deadline for Class Members’ written objections, Challenges challenges to Workweeks and/or PAGA Pay Periods, and Requests for Exclusion will be extended an additional 14 fourteen (14) days beyond the 60 days otherwise provided in the Class Notice original Response Deadline 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.
8.4.5 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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.
8.4.2 7.4.2. Using best efforts to perform as soon as possible, and in no event later than 14 calendar 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 with Spanish translation, 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.
8.4.3 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.
8.4.4 7.4.4. The deadlines for Class Members’ written objections, Challenges 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.
8.4.5 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 telephoneconfer, 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 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, Members and Pay Periods Workweeks in the Class Data.
8.4.2 7.4.2. Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (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.
8.4.3 7.4.3. Not later than 3 three (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.
8.4.4 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 fourteen (14) days beyond the 60 sixty (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.
8.4.5 7.4.5. If the Administrator, Defendant Freedom 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Samples: Class Action Settlement Agreement
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 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 with Spanish translation, if applicable 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.
8.4.3 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.
8.4.4 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 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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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 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.
8.4.3 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.
8.4.4 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.
8.4.5 If the Administrator, Defendant MASI 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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 Workweeks in the Class Data.
8.4.2 8.4.2. 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.
8.4.3 8.4.3. 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.
8.4.4 8.4.4. The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay PeriodsWorkweeks, 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.
8.4.5 8.4.5. 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three After the Court enters its Preliminary Approval Order, every Class Member will be provided with the Class Notice in accordance with the following procedure:
(i) Within forty-five (45) days after entry of the Preliminary Approval Order, Defendant shall deliver to the Settlement Administrator the following information about each Class Member for the Release Period in an Excel spreadsheet or other electronic database: (1) first and last name; (2) last known mailing address and phone number; (3) business social security number; and (4) dates of employment for each Class Member (collectively “Class Data”). If any or all of this information is unavailable to Defendant, Defendant will so inform Class Counsel and the Parties will make their best efforts to reconstruct or otherwise agree upon how to deal with the unavailable information. The Settlement Administrator will conduct a search on the National Change of Address database for the address of all former Defendant employee Class Members prior to mailing. The Class Data shall be based on Defendant’s records. The Database shall be marked “Confidential Attorneys’ and Settlement Administrator’s Eyes Only” and be held in the strictest confidence. The Settlement Administrator shall not disclose or divulge the contents of the Database to any Class Member, including Plaintiffs, or to any third party. The Settlement Administrator shall use commercially reasonable efforts to avoid inadvertent or unauthorized disclosure or use of such data other than as permitted by this Settlement Agreement and shall destroy the data (and all copies) in a complete and secure manner when such data is no longer required for purposes of this Settlement Agreement.
(ii) Within fourteen (14) days after receipt of the Class Data, the Settlement 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 will mail the Class Data.
8.4.2 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 Notice to all identified Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mailregular U.S. Mail, using the Class Notice substantially in mailing address information provided by Defendant and the form attached to this Agreement as Exhibit A. The first page results 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 search on the National Change of Address databasedatabase performed on all former Defendant employee Class Members.
8.4.3 Not later than 3 business (iii) If a Class Notice is returned because of an incorrect address, within seven (7) days after the Administrator’s from receipt of any the returned Class Notice returned by the USPS as undeliveredNotice, the Settlement Administrator shall re-mail will conduct a search for a more current address for 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 obtainedClass Member. The Settlement Administrator has no obligation will use the National Change of Address Database and skip traces to make further attempts attempt to locate or send find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Notice to Class Members whose Member for whom a Class Notice is returned by the USPS U.S. Postal Service as undeliverable. These reasonable steps shall include, at a second time.
8.4.4 The deadlines minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members’ written objectionsMembers for whom new addresses are found. If the Settlement Administrator is unable to locate a better address, 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 shall be re-mailed to the original address. If the Class Members whose notice Notice is re-mailed. The , the Settlement Administrator will inform note for its own records the date and address of each re- mailing. It will be presumed that, if an envelope containing the Class Notice re-mailing has not been returned within thirty (30) calendar days of the mailing, the Class Member received the Class Notice.
(iv) If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the extended deadline with deficiency and allow fourteen (14) days to cure the deficiency. If after the cure period the Exclusion Form is not cured, it will be determined that the Class Member did not exclude himself from the Settlement and will be bound by the Settlement.
(v) The Settlement Administrator shall provide a weekly status report to the Parties. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defendant’s Counsel of the number of Class Notices mailed, the number of Class Notices returned as undeliverable, the number of Notices re-mailed Class Notice.
8.4.5 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 Membersmailed, and the number of Exclusion Forms received.
(vi) No later than fourteen (14) days after the Response Deadline, the Settlement Administrator will send, via email or overnight delivery, serve on the Parties a Class Notice requiring them to exercise options declaration of due diligence setting forth its compliance with its obligations under this Agreement not Agreement. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than 14 ten (10) days after receipt before the Final Approval Hearing. Before the Final Approval Hearing, the Settlement Administrator will supplement its declaration of Class Notice, or due diligence if any material changes occur from the deadline dates in date of the Class Notice, which ever are laterfiling of its prior declaration.
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Samples: Settlement Agreement
Notice to Class Members. 8.4.1 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 shall state the number of Class Members, PAGA Members, Workweeks, Members and Pay Periods days worked in the Class Data.
8.4.2 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 firstFirst-class United States Postal Service (“USPS”) Class USPS mail, the Class Notice with Spanish translation 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) worked during the Class Period used to calculate these amountsthis amount. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address databaseDatabase.
8.4.3 7.4.3 Not later than 3 three 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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges challenges to number of Workweeks and/or Pay Periodsworked, 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 Class Notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 MembersAggrieved Employees, Class Period Workweeks, and PAGA Pay Periods in the Class Data.
8.4.2 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 Class Period 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.
8.4.3 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.
8.4.4 The deadlines for Class Members’ written objectionsobjections to the class components of the Settlement, Challenges challenges to Class Period Workweeks and/or PAGA 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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, Class Period Workweeks, and Pay Periods PAGA Period Workweeks in the Class Data.
8.4.2 8.4.2. 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. “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 Class Period Workweeks and PAGA Pay Periods Period Workweeks (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.
8.4.3 . 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.
8.4.4 8.4.3. The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 7 days beyond the 60 45 days otherwise provided in the Class Notice for all Class Members whose notice is re-re- mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice.
8.4.5 8.4.4. If the Administrator, Defendant JBT 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 7 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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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 14 fourteen (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. 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.
8.4.3 Not later than 3 three (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-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.
8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 fourteen (14) days beyond the 60 sixty (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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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, Workweeks and Pay Periods in the Class Data.
8.4.2 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 [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”) USPS mail, the Class Notice [with Spanish translation, if applicable] 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.
8.4.3 7.4.3 Not later than 3 [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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, Periods and Requests for Exclusion will be extended an additional 14 [14] days beyond the 60 [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.
8.4.5 7.4.5 If the Administrator, Defendant XYZ 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 [14] days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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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 14 30 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 in English and Spanish 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.
8.4.3 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 who’s Class Notice is returned by the USPS a second time.
8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 7 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.
8.4.5 If the Administrator, Defendant 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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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 MembersAggrieved Employees, Workweeks, hours worked in the Class Period and Pay Periods Worked in the PAGA Period, in the Class Data.
8.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 ten (10) business 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”USPS) mail, the Class Notice substantially in the form attached to this Agreement as Exhibit A. A, or as modified by the Court and agreed to by the Parties. 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 hours worked during the Class Period and PAGA Pay Periods Worked during the PAGA Period (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.
8.4.3 Not later than 3 three (3) business days after the Administrator’s Administrators 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.
8.4.4 The deadlines for Class Members’ Members written objections, Challenges to Workweeks and/or Pay PeriodsPeriods Worked, and Requests for Exclusion will be extended an additional 14 calendar days beyond the 60 days Response Deadline 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.
8.4.5 If the Administrator, Defendant or Defense Counsel, Class Counsel or Defendant 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 calendar days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three (3) business days after receipt of the Class Data, the Settlement 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 14 7 days after receiving the Class Data, the Settlement Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice with Spanish translation 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.
8.4.3 Not later than 3 business seven (7) calendar days after the Settlement Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Settlement 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 Settlement Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Settlement 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.
8.4.4 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 Settlement Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice. Class Members who submit a written, signed challenge to his/her Individual Settlement Xxxxxx must opt out within 14 days from the date the Settlement Administrator mails an adjusted Individual Settlement Amount or notice of rejection of the challenge, or by the Response Deadline, whichever is later.
8.4.5 If the Settlement Administrator, Defendant Hillsides 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 Settlement Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three (3) business court 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 14 calendar 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 Notice, substantially in the form attached to this Agreement as Exhibit A. 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.
8.4.3 Not later than 3 business court 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.
8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 calendar days beyond the 60 45 calendar 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-re- mailed Class Notice.
8.4.5 If the Administrator, Defendant ASI 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 calendar days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Samples: Class, Collective and Paga Representative Action Settlement Agreement
Notice to Class Members. 8.4.1 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.
8.4.2 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 10 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.
8.4.3 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.
8.4.4 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 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.
8.4.5 7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe believes 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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.
8.4.2 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 with Spanish translation, substantially in the form attached to this Agreement as “Exhibit A. 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.
8.4.3 7.4.3. Not later than 3 three (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.
8.4.4 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 15 days beyond the 60 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.
8.4.5 7.4.5. If the Administrator, Defendant the Company 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 15 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 After the Court enters its order granting Preliminary Approval of the Settlement, every Class Member will be provided with 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 Class) as follows:
a. No later than three (3) business 15 calendar days after receipt the District Court enters its order granting Preliminary Approval of the Settlement, Defendants will provide to the Settlement Administrator an Excel file with each Class Member’s Class Data. If any or all of the Class Data is unavailable to Defendants, Defendants will so inform Class Counsel and the Parties will make their best efforts to reconstruct or otherwise agree upon the Class Data prior to when it must be submitted to the Settlement Administrator. The Class Data, its contents and any files containing Class Data shall remain strictly confidential for the Settlement Administrator’s eyes only, and shall not to be disclosed to Plaintiffs or to Class Counsel. The Settlement 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 agree to keep the Class DataData and its contents strictly confidential.
8.4.2 b. Using best efforts to perform mail it as soon as possible, and in no event later than 14 15 days after receiving the Class Data, the Settlement Administrator will send mail the Class Notice Packets to all Class Members identified in the Class Data, via first-class United States Postal Service regular U.S. Mail using the mailing address information provided by Defendants, unless modified by
c. If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator will promptly, and not longer than ten (“USPS”10) maildays from receipt of the returned packet, search for a more current address for the Class Member and re- 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 Packet to the Class Member. The Settlement Administrator will use the Class Data and otherwise work with Defendants to find a more current address. The Settlement Administrator will be responsible for taking reasonable steps, consistent with its agreed-upon job parameters, Court orders, and fee, as agreed to with Class Counsel and according to the number of Workweeks and PAGA Pay Periods (if applicable) used following deadlines, to calculate these amounts. Before trace the mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database.
8.4.3 Not later than 3 business days after the Administrator’s receipt address of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Member for whom a 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 Packet is returned by the USPS U.S. Postal Service as undeliverable. These reasonable steps shall include, at a second time.
8.4.4 The deadlines minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests Members for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in whom new addresses are found. If the Class Notice for all Class Members whose notice Packet is re-mailed. The , the Settlement Administrator will note for its own records and notify Class Counsel and Defendants’ Counsel of the date and address of each such re-mailing as part of a weekly status report provided to the Parties.
d. As part of its weekly status report, the Settlement Administrator will inform the Class Member Counsel and Defendants’ Counsel of the extended deadline number of Elections Not to Participate in Settlement it receives (including the numbers of valid and deficient), and number of objections received.
e. Not later than 10 days before the date by which the Plaintiffs file their motion for final approval of the Settlement, the Settlement Administrator will provide the Parties for filing with the re-mailed Class Notice.
8.4.5 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, Court a Class Notice requiring them to exercise options declaration of due diligence setting forth its compliance with its obligations under this Agreement not later than 14 days after receipt and detailing the Elections Not to Participate in Settlement it received (including the numbers of Class Noticevalid and deficient Elections) and objections received. Prior to the Final Approval Hearing, or the deadline dates in Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the Class Notice, which ever are laterdate of the filing of its prior declaration.
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Samples: Class Action Settlement Agreement
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 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. with Spanish and Tagalog translation. 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.
8.4.3 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.
8.4.4 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 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 7.4.1. No later than three (3) 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 Workweeks in the Class Data.
8.4.2 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. “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 Workweeks (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.
8.4.3 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.
8.4.4 7.4.4. The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay PeriodsWorkweeks, and Requests for Exclusion will be extended an additional 14 days beyond the 60 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.
8.4.5 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 via email, in person person, or by telephone, and in good faith. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt submission of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 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, WorkweeksClass Pay Periods, and PAGA Pay Periods in the Class Data.
8.4.2 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (14) days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-first- class United States Postal Service (“USPS”) mail, the Class Notice Notice, with a Spanish translation, substantially in the form attached to this Agreement as Exhibit A. “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 Class Pay Periods and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing the Class NoticesNotice, the Administrator shall update Class Member addresses using the National Change of Address database.
8.4.3 7.4.3 Not later than 3 three (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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks Class Pay Periods and/or PAGA Pay Periods, and Requests for Exclusion will be extended an additional 14 fourteen (14) days beyond the 60 sixty (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.
8.4.5 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 the 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) days after receipt of the Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 No later than three After the Court enters its Preliminary Approval Order, every Class Member will be provided with the Class Notice in accordance with the following procedure:
a. Within twenty-eight (328) business calendar days after of the Preliminary Approval, Defendant shall deliver to the Settlement Administrator the Class Data. If any or all of the Class Data is unavailable to Defendant, Defendant will so inform Class Counsel and the Parties will make their best efforts to reconstruct or otherwise agree upon how to deal with the unavailable information. The
b. Within twenty-one (21) calendar days from receipt of the Class Data, the Settlement 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 will mail the Class Data.
8.4.2 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 Notice to all identified Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mailregular U.S. Mail, using 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, mailing address information provided by Defendant and the number results 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 databaseDatabase search for Class Members.
8.4.3 Not later than 3 business c. If a Class Notice is returned because of an incorrect address, within ten (10) days after the Administrator’s from receipt of any Class Notice the returned by the USPS as undeliveredNotice, the Settlement Administrator shall re-mail will conduct a search for a more current address for 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 obtainedClass Member. The Settlement Administrator has no obligation will use skip traces to make further attempts attempt to locate or send find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Notice to Class Members whose Member for whom a Class Notice is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the USPS tracking of all undelivered mail; performing address searches for all mail returned without a second time.
8.4.4 The deadlines forwarding address; and promptly re-mailing to Class Members for Class Members’ written objectionswhom new addresses are found. If the Settlement Administrator is unable to locate a better address, 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 shall be re-mailed to the original address. If the Class Members whose notice Notice is re-mailed, the Settlement Administrator will note for its own records the date and address of each re-mailing. Those Class Members who receive a re-mailed Class Notice, whether by skip- trace or forwarded mail, will have an additional ten (10) days to postmark an Exclusion Request or serve an objection to the Settlement. The Settlement Administrator shall mark on the envelope whether the Class Notice is a re-mailed notice.
d. Class Members will inform have the opportunity, should they disagree with the dates of employment and/or the number of workweeks stated on their Notice of Class Action and PAGA settlement, to
e. If any class member submits an Exclusion Request that is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the extended deadline deficiency and allow fourteen (14) days to cure the deficiency. If after the cure period the Class Member’s Exclusion Request is not adequately cured, it will be determined that the Class Member did not exclude himself or herself from the Settlement and will be bound by the Settlement.
f. The Settlement Administrator shall provide a weekly status report to the Parties. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defendant’s Counsel of the number of Notice Packets mailed, the number of Notice Packets returned as undeliverable, the number of Notice Packets re-mailed, and the number of Exclusion Requests received.
g. No later than fourteen (14) calendar days after the Response Deadline, the Settlement Administrator will serve on the Parties a declaration of due diligence setting forth its compliance with its obligations under this Agreement. The declaration from the Settlement Administrator shall also be filed with the re-mailed Court by Class NoticeCounsel no later than ten (10) calendar days before the Final Approval hearing. Before the Final Approval hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the filing of its prior declaration.
8.4.5 If h. No later than fourteen (14) calendar days after 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 NoticeResponse Deadline, the Parties Settlement Administrator 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 provide the Parties agree, such persons will be Class Members entitled with a complete and accurate accounting of the number of Notices mailed to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt number of Class Notice, or the deadline dates in the Class Notice, which ever are later.Notices returned as
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Samples: Joint Stipulation of Class Action and Paga Settlement
Notice to Class Members. 8.4.1 6.3.1. 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, Members and Pay Periods Workweeks in the Class Data.
8.4.2 6.3.2. 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.
8.4.3 6.3.3. 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.
8.4.4 6.3.4. 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.
8.4.5 6.3.5. If the Administrator, Defendant KPG 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 8.4.1 No later than three After the Court enters its Preliminary Approval Order, every Class Member will be provided with the Class Notice in accordance with the following procedure:
a. Within five (35) business days after entry of the Preliminary Approval Order, Defendants shall deliver the Class Data to the Settlement Administrator. The Settlement Administrator shall maintain the Class Data as private and confidential and take reasonable and necessary precautions to maintain the confidentiality of the Class Data. The Settlement Administrator shall not distribute or use the Class Data or any information contained therein for any purpose other than to administer this Settlement.
b. At the same time Defendants provide the Class Data to the Settlement Administrator, Defendants will also provide the Class Data to Class Counsel. Class Counsel shall maintain the Class Data as private and confidential and take reasonable and necessary precautions to maintain the confidentiality of the Class Data. Class Counsel shall not distribute or use the Class Data or any information contained therein for any purpose other than in connection with this Settlement.
c. Upon 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 14 days after receiving the Class Data, the Settlement 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 perform a search based on the National Change of Address databaseDatabase to update and correct any known or identifiable address changes.
8.4.3 Not later than 3 business d. Within fourteen (14) calendar days after Defendants’ deadline to provide the Class Data to the Settlement Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Settlement Administrator shall re-will mail the Class Notice using any forwarding address provided by the USPS. to all identified Class Members via first-class regular U.S. Mail.
e. If the USPS does not provide a forwarding Class Notice is returned because of an incorrect address, within three (3) business days from receipt of the returned Class Notice, the Settlement Administrator shall will conduct a search for a more current address for the Class Member Address Search, and re-mail the Class Notice to the most current address obtainedClass Member. The Settlement Administrator has no obligation will use the National Change of Address Database and skip traces to make further attempts attempt to locate or send find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Notice to Class Members whose Member for whom a Class Notice is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, telephoning the USPS Class Member at his or her last-known telephone number to ask for a second timecurrent address; tracking all undelivered mail; performing address searches for all
f. Class Members may dispute the information provided in their Class Notice, but must do so in writing by the Response Deadline. Class Members may submit written disputes by faxing or emailing them to the Settlement Administrator by the Response Deadline or mailing them to the Settlement Administrator by regular U.S. mail, postmarked by the Response Deadline. To the extent Class Members dispute the number of workweeks and/or pay periods to which they have been credited or the amount of their Individual Settlement Share and/or Individual PAGA Payment, Class Members must produce evidence to the Settlement Administrator showing that such information is inaccurate. Absent evidence rebutting Defendants’ records, Defendants’ records will be presumed determinative. However, if a Class Member produces evidence to the contrary, the Settlement Administrator will evaluate the evidence submitted by the Class Member and will make the final decision as to the number of eligible weeks and/or pay periods that should be applied and/or the Individual Settlement Share and/or Individual PAGA Payment to which the Class Member may be entitled. The Settlement Administrator’s determinations of workweek/pay period and Individual Settlement Share/Individual PAGA Payment challenges will not be appealable or otherwise challengeable. The Settlement Administrator will mail Class Members notice of the determinations of their challenges within three (3) business days of the Settlement Administrator’s determination.
8.4.4 The deadlines for Class Members’ written objectionsg. If any Exclusion Form received is incomplete or deficient, 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 Settlement Administrator will inform shall send a letter informing the Class Member of the extended deadline with deficiency and allow fourteen (14) days to cure the deficiency. If after the cure period the Exclusion Form is not cured, it will be determined that the Class Member did not exclude
h. The Settlement Administrator shall provide a weekly status report to the Parties. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defendants’ Counsel of the number of Notice Packets mailed, the number of Notice Packets returned as undeliverable, the number of Notice Packets re-mailed Class Notice.
8.4.5 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 Membersmailed, and the number of Exclusion Forms received.
i. No later than fourteen (14) calendar days after the Response Deadline, the Settlement Administrator will send, via email or overnight delivery, serve on the Parties a Class Notice requiring them to exercise options declaration of due diligence setting forth its compliance with its obligations under this Agreement not Agreement. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than 14 ten (10) calendar days after receipt before the Final Approval Hearing. Before the Final Approval Hearing, the Settlement Administrator will supplement its declaration of Class Notice, or due diligence if any material changes occur from the deadline dates in date of the Class Notice, which ever are laterfiling of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 8.4.1 No later than three After the District Court enters its order granting Preliminary Approval of the Settlement, every Class Member will be provided with the Class Notice (3) business which will be completed to reflect the date the order granting Preliminary Approval of the Settlement was entered), in English and with directions regarding how to access or receive information in Spanish, as follows:
a. Within 45 days after receipt the District Court enters its order granting Preliminary Approval of the Settlement, Dollar Tree will provide to the Settlement Administrator an electronic database for the Class Members containing, for each Class Member, the Class Member’s name, employee identification number, last known address, and Social Security number. If any or all of the Class DataMembers’ Data are unavailable to Dollar Tree, 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 Dollar Tree will use best efforts to perform as soon as possiblededuce or reconstruct the Class Members’ 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, and except in no event later than 14 order to carry out the reasonable efforts described in section III.E.2.c., or pursuant to Dollar Tree’s express written authorization or by order of the District Court.
b. Within 15 days after receiving the Class Members’ Data, the Settlement Administrator will send mail the Class Notices to all identified Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mailregular U.S. Mail using the mailing address information provided by Dollar Tree, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement.
c. If a Class Notice substantially in the form attached to this Agreement as Exhibit A. The first page is returned because 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.
8.4.3 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 an incorrect address, the Settlement Administrator shall conduct will promptly, and not later than 10 days from receipt of the returned packet, search for a more current address for the Class Member Address Searchusing Accurint or other reasonable and cost-effective skip trace methods, and re-mail the Class Notice to the most current address obtainedClass Member. The Settlement Administrator has no obligation will use the Class Members’ Data and otherwise work with Dollar Tree to make further attempts find a more current address. The Settlement Administrator will be responsible for taking reasonable steps, consistent with its agreed- upon job parameters, court orders, and fee, as agreed to locate or send with Class Counsel and according to the following deadlines, to trace the mailing address of any Class Member for whom a Class Notice to Class Members whose Class Notice Packet is returned by the USPS U.S. Postal Service as undeliverable. These reasonable steps shall include, at a second time.
8.4.4 The deadlines minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests Members for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in whom new addresses are found. If the Class Notice for all Class Members whose notice Packet is re-mailed. The , the Settlement Administrator will inform note for its own records and notify Class Counsel and Dollar Tree’s Counsel of the date and address of each such re-mailing as part of a weekly status report provided to the Parties. Class Counsel and Dollar Tree’s Counsel will be entitled to receive from the Settlement Administrator any updated address information about a Class Member as the Settlement Administrator obtains such information. Re-mailed Class Notices will not extend the time to opt out of or object to the extended deadline with Settlement.
d. Each week, the Settlement Administrator will provide to Class Counsel and Dollar Tree’s Counsel a report showing whether any Class Notices have been returned and re-mailed Class Noticeand the receipt of any completed Elections Not to Participate in Settlement.
8.4.5 If e. Not later than 45 days prior to 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 NoticeFinal Approval Hearing, the Parties Settlement Administrator will expeditiously meet and confer in person or by telephone, and in good faith. in an effort to agree serve on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled and file with the District Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement. Prior to the same rights as other Class MembersFinal Approval Hearing, and the Settlement Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt supplement its declaration of Class Notice, or due diligence if any material changes occur from the deadline dates in date of the Class Notice, which ever are laterfiling of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
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 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 with Spanish translation, if applicable substantially in the form attached to this Agreement as Exhibit A. 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.
8.4.3 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.
8.4.4 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 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.
8.4.5 If the Administrator, Defendant TravelStore 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 [14] days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three After the Court enters its Preliminary Approval Order, every Class Member will be provided with the Notice Packet in accordance with the following procedure:
a. Within twenty-one (21) calendar days after entry of the Preliminary Approval Order, Defendants shall deliver to the Settlement Administrator the following information about each Class Member: (1) first and last name; (2) last known mailing address; (3) business Social Security number; (4) hire and termination dates; and (5) the total number of weeks during the Class Period during which the Class Member performed any actual work for Defendants as an hourly-paid or non-exempt California employee (“collectively “Class Data”). If any or all this information is unavailable to Defendants, Defendants will so inform Class Counsel, and the Parties will make their best efforts to reconstruct or otherwise agree upon how to deal with the unavailable information. The Settlement Administrator will conduct a skip trace for the addresses of all former employee Class Members of
b. The Settlement Administrator shall run all addresses contained in the Class Data through the United States Postal Service National Change of Address Database (which provides updated addresses for individuals who have moved in the previous four years and who have provided the U.S. Postal Service with a forwarding address) to obtain current address information. The Settlement Administrator shall mail the Notice Packet to the Class Members via first-class regular U.S. Mail using the most current mailing address information available within fourteen (14) calendar days after the receipt of the Class Data from Defendants.
c. If a Notice Packet is returned because of an incorrect address, within ten (10) calendar days after receipt of the Class Datareturned Notice Packet, the Settlement 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 will conduct a search for a more current address for the Class Data.
8.4.2 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.
8.4.3 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 Packet to the most current address obtainedClass Member. The Settlement Administrator has no obligation will use the NCOA Database and skip tracing to make further attempts attempt to locate or send find the Class Member’s current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Member for whom a Notice Packet is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing Notice Packets to Class Members whose Class for whom new addresses are found. If the Settlement Administrator is unable to locate a better address, the Notice is returned by Packet shall be re-mailed to the USPS a second time.
8.4.4 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 original address. If the 60 days otherwise provided in the Class Notice for all Class Members whose notice Packet is re-mailed, the Settlement Administrator will note for its own records the date and address of each re-mailing. Those Class Members who receive a re-mailed Notice Packet, whether by skip trace or forwarded mail, will have their Response Deadline to postmark a request for exclusion from or objection to the Settlement extended by fifteen (15) calendar days from the original Response Deadline. The Settlement Administrator will inform shall mark on the envelope whether the Notice Packet is a re-mailed packet.
d. Class Members may dispute the information provided in their Notice Packets. All such disputes must be in writing, postmarked by the Response Deadline, and sent via first-class regular U.S.
e. If the Settlement Administrator receives an incomplete or deficient request for exclusion, the Settlement Administrator shall send a letter informing the Class Member of the extended deadline with the re-mailed Class Notice.
8.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in deficiency and shall provide the Class Data and should have received Class NoticeMember fourteen (14) calendar days with which to cure the deficiency. However, the Parties provision of a cure period 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 Membersnot extend the Response Deadline. If the Parties agreeSettlement Administrator does not receive a cured request for exclusion, such persons postmarked on or before the last day of the cure period, the Class Member will be Class Members entitled determined not to have excluded himself or herself from the Settlement and will be bound by the Settlement.
f. The Settlement Administrator shall provide a weekly status report to the same rights as other Class MembersParties. As part of its weekly status report, and the Settlement Administrator will sendinform Class Counsel and Counsel for Defendants of the number of Notice Packets mailed, via email or overnight deliverythe number of Notice Packets returned as undeliverable, the number of Notice
g. No later than fourteen (14) calendar days after the Response Deadline, the Settlement Administrator will serve on the Parties a Class Notice requiring them to exercise options declaration of due diligence setting forth its compliance with its obligations under this Agreement not Agreement. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than 14 ten (10) calendar days before the Final Approval Hearing. If any material changes occur after receipt the date of Class Noticethe filing of the Settlement Administrator’s declaration of due diligence but before the Final Approval Hearing, or the deadline dates in the Class Notice, which ever are laterSettlement Administrator will supplement its declaration.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 8.4.1 No later than three (3) business days after receipt After the Court enters its order granting Preliminary Approval of the Settlement, every Class Member will be provided with the Class Notice Packet (which will include the Class Notice completed to reflect the order granting Preliminary Approval of the Settlement and the Claim Form completed to show the Class Member’s 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 ) as follows: Using best efforts to perform provide it as soon as possible, and in no event later than 14 seven (7) business after the Court enters its order granting Preliminary Approval of the Settlement, Defendants will provide to the Settlement Administrator and Plaintiffs’ counsel, pursuant to the Stipulated Protective Order entered by the Parties, a spreadsheet(s) in native electronic format containing for each Class Member his, or her, available Class Data. Using best efforts to mail it as soon as possible, and in no event no later than seven (7) calendar days after receiving the Class Data, the Settlement Administrator will send mail the Class Notice Packets to all Class Members identified in the Class Data, whose address information is known. This mailing will be sent via first-class United States Postal Service (“USPS”) mail, U.S. Mail using the mailing address. Before mailing the Class Notice substantially Packets, the Settlement Administrator shall run the Class Data address information provided by Defendants through the U.S. Postal Service’s Change of Address Database. Minor imperfections in this task will not undermine the form attached effectiveness of the notice. The Settlement Administrator shall make such further efforts as are possible and reasonable (if any), to this Agreement as Exhibit A. The first page provide the Class Notice Packets to members of the Class whose original Class Notice Packet is returned as undeliverable, provided that all such efforts shall prominently estimate be completed by the dollar amounts forty-fifth (45th) calendar day after the Class Notice is mailed. The Claims Administrator shall document all efforts, and keep such documentation for a period of four (4) years from the date of the Court’s Final Approval of the Settlement. Class Counsel will be entitled to receive from the Settlement Administrator any Individual updated address information about a Class Payment and/or Individual PAGA Payment payable Member as the Settlement Administrator obtains such information so that they may carry out their duties in monitoring the distribution process. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defendants’ Counsel of completed Elections Not to Participate in Settlement it receives. At least fourteen (14) business days prior to the deadline for Class MemberMembers to submit Claim Forms as set forth in section III.F.3, the Settlement Administrator will contact Class Members who have not submitted Claim Forms, and remind them of the number of Workweeks and PAGA Pay Periods (if applicable) used upcoming deadline to calculate these amountssubmit them. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database.
8.4.3 Not later than 3 business days after the Administrator’s receipt date by which the Plaintiffs file their Motion for Final Approval of any Class Notice returned by the USPS as undeliveredSettlement, the Settlement Administrator shall re-mail will serve on the Class Notice using any forwarding address provided by Parties and file with the USPSCourt a declaration of due diligence setting forth its compliance with its obligations under this Agreement. If Prior to the USPS does not provide a forwarding addressFinal Approval Hearing, 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.
8.4.4 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 Settlement Administrator will inform supplement its declaration of due diligence if any material changes occur from the Class Member date of the extended deadline with the re-mailed Class Notice.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt filing of Class Notice, or the deadline dates in the Class Notice, which ever are later.its prior declaration
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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 a. Using best efforts to perform mail it as soon as possible, and in no event later than 14 seven (7) calendar days after receiving the Class Data, the Settlement Administrator will send mail the Class Notice (in the form attached as Exhibit A) to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mailregular U.S. Mail using the mailing address information provided by Defendant, unless modified by any updated address information that the Class Notice substantially Settlement Administrator obtains in the form attached course of administration of the Settlement.
b. The Settlement Administrator shall conduct a National Change of Address search to this Agreement as Exhibit A. The first page update any addresses provided; and thereafter mail a copy of the Class Notice shall prominently estimate in both English and Spanish to all Class Members by first class regular U.S. Mail, using the dollar amounts most current mailing address information provided by Defendant and/or obtained by the Settlement Administrator.
c. The Class Notice informs Class Members of any their estimated Individual Class Settlement Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (Class Weeks they worked for Defendant. Class Members may dispute their data if applicable) used they believe they worked more weeks in the Class Period than Defendant’s records show by submitting a written letter to calculate these amounts. Before mailing Class Noticesthe Settlement Administrator by the Response Deadline, the Administrator shall update Class Member addresses using the National Change of Address database.
8.4.3 Not which is no later than 3 business sixty (60) days after the Administrator’s receipt of any Class Notice returned is mailed by the USPS as undeliveredSettlement Administrator. The Settlement Administrator will jointly work with Plaintiffs and Defendant to resolve the dispute in good faith. If Plaintiff and Defendant cannot agree over the Class Weeks to be credited, the Settlement Administrator shall re-mail make the final decision based on the information presented by the Class Member and Defendant.
d. If a Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding is returned because of an incorrect address, the Settlement Administrator shall conduct will promptly, and not longer than ten (10) calendar days from receipt of the returned packet, search for a more current address for the Class Member Address Search, and re-mail the Class Notice Packet to the most current address obtainedClass Member. The Settlement Administrator has no obligation will use the Class Data and otherwise work with Defendant to make further attempts find a more current address. The Settlement Administrator will be responsible for taking reasonable steps, consistent with its agreed-upon job parameters, court orders, and fee, as agreed to locate or send with Class Notice Counsel and according to the following deadlines, to trace the mailing address of any Class Members whose Member for whom a Class Notice is returned by the USPS U.S. Postal Service as undeliverable. These reasonable steps shall include, at a second time.
8.4.4 The deadlines minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests Members for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in whom new addresses are found. If the Class Notice for all Class Members whose notice is re-mailed, the Settlement Administrator will note for its own records and notify Class Counsel and Defense Counsel of the date and address of each such re-mailing as part of a weekly status report provided to the Parties. The Class Counsel will be entitled to receive from the Settlement Administrator any updated address information about a Class Member as the Settlement Administrator obtains such information.
e. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defense Counsel of any requests to be excluded from the Class Member of the extended deadline with the re-mailed Class NoticeSettlement (i.e. Election Not to Participate in Settlement) it receives.
8.4.5 If f. Within thirty (30) calendar days after 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 NoticeResponse Deadline, the Parties Settlement Administrator will expeditiously meet and confer in person or by telephone, and in good faith. in an effort to agree serve 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, a Class Notice requiring them to exercise options declaration of due diligence setting forth its compliance with its obligations under this Agreement not later than 14 days after receipt as of Class Notice, or the deadline dates in date of the Class Notice, which ever are later.declaration
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 8.4.1 7.4.1. No later than three (3) 3 business days after receipt of the Class Employee Data, the Administrator shall notify Class Plaintiffs’ Counsel that the list has been received and state the number of Covered Employees and Class Members, Workweeks and PAGA Members, Workweeks, and Pay Periods in the Class Employee Data.
8.4.2 7.4.2. Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Employee Data, the Administrator will send to all Class Members identified in the Class Employee Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice substantially in the form attached to this Agreement as Exhibit Attachment 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 Class Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member Covered Employees’ addresses using the National Change of Address database.
8.4.3 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.
8.4.4 7.4.4. The deadlines for Class Members’ written objections, Challenges challenges to Class Workweeks and/or PAGA Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days time 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.
8.4.5 7.4.5. If the Administrator, Defendant Defendants or Class Plaintiffs’ Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Employee 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 a good-faith 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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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 Class/PAGA Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and PAGAG Pay Periods in the Class Data.
8.4.2 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.
8.4.3 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.
8.4.4 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.
8.4.5 If the Administrator, Defendant or Class Class/PAGA 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 8.4.1. No later than three (3) 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, WorkweeksAggrieved Employees, and Class Pay Periods in the Class Data.
8.4.2 8.4.2. 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 Class 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.
8.4.3 8.4.3. 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-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.
8.4.4 8.4.4. The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Class Pay Periods, 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.
8.4.5 8.4.5. If the Administrator, Defendant Defendants, 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 9.4.1 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 9.4.2 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”( 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 Class Period Pay Periods 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.
8.4.3 9.4.3 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.
8.4.4 9.4.4 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 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.
8.4.5 9.4.5 If the Administrator, Defendant Global Mail 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three After the Court enters its Preliminary Approval Order, every Class Member will be provided with the Class Notice in accordance with the following procedure:
a. Within fourteen (14) calendar days after entry of the Preliminary Approval Order, Defendants shall deliver to the Settlement Administrator an electronic database, which will list for each Class Member: (1) first and last name; (2) last known mailing address; (3) business days after receipt social security number; (4) hire and termination dates; and (5) the total number of weeks during which the Class DataMember performed any actual work during the Class Period (“Database”). If any or all of this information is unavailable to Defendants, the Administrator shall notify Defendants will so inform Class Counsel that and 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 Parties will make their best efforts to perform as soon as possiblereconstruct or otherwise agree upon how to deal with the unavailable information. The Settlement Administrator will conduct a skip trace for the address of all former Defendants employee Class Members. The Database shall be based on Defendants’ payroll, personnel, and in no event later other business records. The Settlement Administrator shall maintain the Database and all data contained within the Database as private and confidential. The Database will not be shared with Plaintiff or Class Counsel, and the Settlement Administrator may not use the Database for any purpose other than 14 to administer the Settlement as provided herein.
b. Within twenty-eight (28) days after receiving entry of the Preliminary Approval Order, the Settlement Administrator will mail the Class Data, the Administrator will send Notice to all identified Class Members identified in the Class Data, via first-class United States Postal Service regular U.S. Mail, using the mailing address information provided by
c. If a Class Notice is returned because of an incorrect address, within ten (“USPS”10) maildays from receipt of the returned Notice, the Class Notice substantially in the form attached to this Agreement as Exhibit A. The first page of Settlement Administrator will conduct a search for a more current address for 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.
8.4.3 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 obtainedClass Member. The Settlement Administrator has no obligation will use the National Change of Address Database and skip traces to make further attempts attempt to locate or send find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Notice to Class Members whose Member for whom a Class Notice is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the USPS tracking of all undelivered mail; performing address searches for all mail returned without a second time.
8.4.4 The deadlines forwarding address; and promptly re-mailing to Class Members 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 whom new addresses are found. If the Class Notice is re- mailed, the Settlement Administrator will note for all its own records the date and address of each re-mailing.
d. The Settlement Administrator shall provide a weekly status report to the Parties. As part of its weekly status report, the Settlement Administrator will inform Class Members whose notice is Counsel and Defendants’ Counsel of the number of Notices mailed, the number of Notices returned as undeliverable, the number of Notices re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice.
8.4.5 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 number of requests for exclusion received.
e. No later than fourteen (14) days after the Response Deadline, the Settlement Administrator will send, via email or overnight delivery, serve on the Parties a Class Notice requiring them to exercise options declaration of due diligence setting forth its compliance with its obligations under this Agreement not Agreement. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than 14 ten (10) days after receipt before the Final Approval hearing. Before the Final Approval hearing, the Settlement Administrator will supplement its declaration of Class Notice, or due diligence if any material changes occur from the deadline dates in date of the Class Notice, which ever are laterfiling of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 8.4.1 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.
8.4.2 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.
8.4.3 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.
8.4.4 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 DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 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.
8.4.5 7.4.5. If the Administrator, Defendant ECF 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 7.4.1. No later than three (3) 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 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.
8.4.3 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.
8.4.4 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.. / / /
8.4.5 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 No later than three (3) business days The Claims Administrator will mail, by first-class mail at FCA US’s expense, the Short Form Class Notice containing the language in Exhibit A, and substantially the same form as in Exhibit A. As soon as is practicable after receipt the preliminary approval of the Class DataSettlement, the Claims Administrator will obtain from FCA US and HIS Automotive (Formerly X.X. Xxxx) the name and last known address of each potential member of the Class. Class Counsel may request that, to the extent permitted by law, the information also shall be provided to Class Counsel, who agree to use the list for the limited purpose of informing Class members of the Settlement and their rights thereunder and for no other purpose. FCA US does not oppose this request. Prior to mailing the Short Form Class Notice, the last known address of potential Class Members will be checked and updated going back four years through the use of the National Change of Address Database. Thereafter, the Claims Administrator shall notify send a copy of the Short Form Class Counsel that Notice shall include a claim number unique to 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 recipient. The Claims Administrator shall use its best efforts to perform as soon as possible, and in no event later than 14 complete the initial mailing of the Short Form Class Notice to potential Class Members within 75 days after receiving the Preliminary Approval Date. If any Short Form Class DataNotice mailed to any potential Class Member is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall perform a reasonable search (e.g., the Administrator will National Change of Address Database) for a more current name and/or address for the potential Class Member and (provided that a more current name and/or address can be found through such a search) re-send the returned the returned Short Form Class Notice to all the potential Class Members identified in the Class Data, via Member by first-class United States Postal Service (“USPS”) mail, . In the event that any Short Form Class Notice mailed to a potential Class Member is returned as undeliverable a second time, then no further mailing shall be required. The Claims Administrator will promptly log each Short Form Class Notice that is returned as undeliverable and provides copies of the log to Class Counsel. The Claims Administrator shall cause, by the Notice Date, a one-time publication of the Publication Notice, substantially in the form attached to this Agreement as Exhibit A. The first page C, to appear in the Marketplace/Legal Notice section of USA Today. Defendant shall bear the cost 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.
8.4.3 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.
8.4.4 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 publication of the extended deadline with the re-mailed Class Publication Notice.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 8.4.1 No later than three After the Court enters its Preliminary Approval Order, every Class Member will be provided with the Class Notice in accordance with the following procedure:
a. Within ten (310) business calendar days after notice of entry of the Preliminary Approval Order, Defendant shall deliver the Class Data to the Settlement Administrator. The Settlement Administrator shall maintain the Class Data as private and confidential and take reasonable and necessary precautions to maintain the confidentiality of the Class Data. The Settlement Administrator shall not distribute or use the Class Data or any information contained therein for any purpose other than to administer this Settlement. However, to resolve any irregularities or inconsistencies, the Class Data may be provided to Class Counsel or its agent upon reasonable request to properly discharge its duties to the Class, so long as the privacy rights of the Class Members are adequately preserved and the Class Data is used for no other purpose whatsoever. The Parties shall meet and confer about the best means to adequately preserve the privacy rights of the Class Members, to ensure that the Class Data is used only for a proper purpose, and to determine the least intrusive scope of production, in the event such a production is necessary.
b. Upon 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 14 days after receiving the Class Data, the Settlement 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 perform a search based on the National Change of Address databaseDatabase to update and correct any known or identifiable address changes.
8.4.3 Not later than 3 business c. Within fourteen (14) calendar days after Defendant’s deadline to provide the Class Data to the Settlement Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Settlement Administrator shall re-will mail the Class Notice using any forwarding address provided by the USPS. to all identified Class Members via first-class regular U.S. Mail.
d. If the USPS does not provide a forwarding Class Notice is returned because of an incorrect address, within three (3) business days from receipt of the returned Class Notice, the Settlement Administrator shall will conduct a search for a more current address for the Class Member Address Search, and re-mail the Class Notice to the most current address obtainedClass Member. The Settlement Administrator has no obligation will use the National Change of Address Database and skip traces to make further attempts attempt to locate or send Class Notice find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing
e. Class Members whose may dispute the information provided in their Class Notice is returned Notice, but must do so in writing by the USPS Response Deadline. Class Members may submit written disputes by faxing or emailing them to the Settlement Administrator by the Response Deadline or mailing them to the Settlement Administrator by regular U.S. mail, postmarked by the Response Deadline. To the extent Class Members dispute the number of workweeks and/or pay periods to which they have been credited or the amount of their Individual Settlement Share and/or Individual PAGA Payment, Class Members must produce evidence to the Settlement Administrator showing that such information is inaccurate. Absent evidence rebutting Defendant’s records, Defendant’s records will be presumed determinative. However, if a second timeClass Member produces evidence to the contrary, the Settlement Administrator will, after permitting Defendant an opportunity to provide responsive information or records, evaluate the evidence submitted by the Class Member and Defendant and will make the final decision as to the number of eligible weeks and/or pay periods that should be applied and/or the Individual Settlement Share and/or Individual PAGA Payment to which the Class Member may be entitled. The Settlement Administrator’s determinations of workweek/pay period and Individual Settlement Share/Individual PAGA Payment challenges will not be appealable or otherwise challengeable. The Settlement Administrator will mail Class Members notice of the determinations of their challenges within three (3) business days of the Settlement Administrator’s determination.
8.4.4 The deadlines for Class Members’ written objectionsf. If any Exclusion Form received is incomplete or deficient, 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 Settlement Administrator will inform shall send a letter informing the Class Member of the extended deadline with deficiency and allow fourteen (14) days to cure the deficiency. If after the cure period the Exclusion Form is not cured, it will be determined that the Class Member did not exclude himself or herself from the Settlement and will be bound by the Settlement.
g. The Settlement Administrator shall provide a weekly status report to the Parties from the date Defendant provides the Settlement Administrator the Class Data. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defendant’s Counsel of the number of Notice Packets mailed, the number of Notice Packets returned as undeliverable, the number of Notice Packets re-mailed Class Notice.
8.4.5 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 Membersmailed, and the number of Exclusion Forms received.
h. No later than fourteen (14) calendar days after the Response Deadline, the Settlement Administrator will send, via email or overnight delivery, serve on the Parties a Class Notice requiring them to exercise options declaration of due diligence setting forth its compliance with its obligations under this Agreement not Settlement Agreement. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than 14 ten (10) calendar days after receipt before the Final Approval Hearing. Before the Final Approval Hearing, the Settlement Administrator will supplement its declaration of Class Notice, or due diligence if any material changes occur from the deadline dates in date of the Class Notice, which ever are laterfiling of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 8.4.1 No As soon as practicable after receiving the Class List, but no later than three (3) business 7 days after receipt of the Class DataPreliminary Approval Date, the Administrator shall notify send Class Counsel and Defense Counsel the final form of the Notice and an estimate of the timeline for administration of the Settlement. Within 14 days of the Preliminary Approval Date, the Administrator shall send each Class Member the Notice via first-class, United States mail and by email if an email address was also provided to the Administrator in addition to the Class Member’s last known mailing address as reflected in JMS’s records. The Notice shall also contain an easily understood statement alerting the Class Members that, by participating in the Settlement, the Class Member is releasing and discharging all Released Claims against the Released Persons. The Class Notice shall further contain an easily understood statement alerting the Class Members that no further action is required if they desire to participate in the list has been received Settlement. The Class Notice shall further contain an easily understood statement alerting the Class Members that, by submitting an Opt-Out Request, the Class Member will not receive any of the benefits of the Settlement and state will have voluntarily agreed to the number of Opt-Out Class Waiver. The Notice shall also include a website address for Class Members, PAGA Memberswhich they may access to find a copy of this Final Settlement Agreement, Workweeksthe Notice, information regarding the date for the Final Approval and Fairness Hearing, and Pay Periods information regarding final approval and final judgment in this Action. Any returned envelopes containing the Notice from this mailing with forwarding addresses will be used by the Administrator to locate Class Members. If, prior to the Opt-Out Deadline, any Notice mailed to a Class Member is returned to the Administrator as having been undelivered by the U.S. Postal Service, or if the Settlement Administrator otherwise determines that a Class Member’s contact information as provided by JMS with the Class Data.
8.4.2 Using best List is no longer current, then the Administrator will use reasonable efforts to perform locate updated and more current contact information for such Class Member, as soon as possibleapplicable. If the Administrator locates an updated and more current address in such an event, and in no event later than 14 days after receiving the Class Data, then the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class a second 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.
8.4.3 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 updated or alternative 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 information that it 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.
8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion It 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 conclusively presumed that the Class Member received the Notice if an envelope containing the Notice has not been returned within 28 days of the extended deadline with the re-mailed Class Noticemailing.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
Appears in 1 contract
Samples: Final Settlement Agreement
Notice to Class Members. 8.4.1 (a) 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 (b) 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 with a Spanish translation 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.
8.4.3 (c) Not later than 3 business 7 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.
8.4.4 (d) 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 Response Deadline 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.
8.4.5 (e) If the Administrator, Defendant the Parties, Defense Counsel 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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.
8.4.2 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 fourteen (14) calendar 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 with Spanish translation 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.
8.4.3 7.4.3 Not later than 3 three (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.
8.4.4 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 fourteen (14) calendar 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.sixty
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Notice to Class Members. 8.4.1 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.
8.4.2 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.
8.4.3 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.
8.4.4 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 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Samples: Class and Representative Paga Action Settlement Agreement
Notice to Class Members. 8.4.1 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.
8.4.2 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 with Spanish translation, if applicable 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 DocuSign Envelope ID: CFA6DA4E-A8A6-4D5B-9EE3-3F29BF7E061B 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.
8.4.3 7.4.3 Not later than 3 three (3) business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-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 Notices to Class Members whose Class Notice is returned by the USPS a second time.
8.4.4 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 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.
8.4.5 7.4.5 If the Administrator, Defendant 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 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, Workweeks and Pay Periods in the Class Data.
8.4.2 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”) USPS mail, the Class Notice with Spanish translation, 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.
8.4.3 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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, Periods and Requests for Exclusion will be extended an additional 14 days beyond the 60 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.
8.4.5 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 telephoneconfer, 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three (3) After the Superior Court enters its order granting Preliminary Approval of the Settlement, every Class Member will be provided with the Class Notice Packet, which will include the Class Notice completed to reflect the order granting Preliminary Approval of the Settlement and an Individual Class Member Dispute Form stating the total number of workweeks attributed to that Class Member by Defendant’s records.
a. Within 7 business days after receipt the Superior Court enters its order granting Preliminary Approval of the Settlement, Defendant will provide to the Settlement Administrator the Class Member Data, preferably in electronic form for the Class Members containing, for each Class Member, the Class Member’s name, employee identification number, last known address, and Social Security number, the end date for each Class Member’s employment, and the number of workweeks worked by the Class Member for Defendant. If any or all of the Class DataMembers’ Data are unavailable to Defendant, Defendant will use best efforts to deduce or reconstruct the Administrator Class Member’s Data prior to when it must be submitted to the Settlement Administrator. At the time Defendant transmits the Class Member Data to the Settlement Administrator, it shall notify also provide to Class Counsel that a signed verification confirming the list has been received and state accuracy of 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 14 b. Within 7 business days after receiving the Class Members’ Data, the Settlement Administrator will send mail the Class Notice Packets to all identified Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mailregular 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.
c. If a Class Notice substantially in the form attached to this Agreement as Exhibit A. The first page Packet is returned because 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.
8.4.3 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 an incorrect address, the Settlement Administrator shall conduct will promptly, and not later than 7 days from receipt of the returned packet, search for a more current address for the Class Member Address Searchusing Accurint and other reasonable and cost- effective skip trace methods, and re-mail the Class Notice Packet to the most current address obtainedClass Member along with a Notice of Re-mailing. The Settlement Administrator has no obligation will use the Class Members’ Data and otherwise work with Defendant to make further attempts find a more current address. The Settlement Administrator will be responsible for taking reasonable steps, consistent with its agreed-upon job parameters, court orders, and fee, as agreed to locate or send with Class Counsel and according to the following deadlines, to trace the mailing address of any Class Member for whom a Class Notice to Class Members whose Class Notice Packet is returned by the USPS U.S. Postal Service as undeliverable. These reasonable steps shall include, at a second time.
8.4.4 The deadlines minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests Members for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in whom new addresses are found. If the Class Notice for all Class Members whose notice Packet is re-mailed. The , the Settlement Administrator will inform note for its own records and notify Class Counsel and Defendant’s Counsel of the date of each such re-mailing as part of a weekly status report provided to the Parties. Defendant’s Counsel will be entitled to receive from the Settlement Administrator any updated address information about a Class Member of as the extended deadline with Settlement Administrator obtains such information.
d. Each week, the Settlement Administrator will provide to Class Counsel and Defendant’s Counsel a report showing whether any Class Notice Packets have been returned and re-mailed Class Noticeand the receipt of any requests for exclusion.
8.4.5 If e. Not later than sixteen (16) court days prior to 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 NoticeFinal Approval Hearing, the Parties Settlement Administrator will expeditiously meet and confer in person or by telephone, and in good faith. in an effort to agree serve on whether to include them as Class Members. If the Parties agree, such persons will and cause to be Class Members entitled filed with the Superior Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement. Prior to the same rights as other Class MembersFinal Approval Hearing, and the Settlement Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt supplement its declaration of Class Notice, or due diligence if any material changes occur from the deadline dates in date of the Class Notice, which ever are laterfiling of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
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 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.
8.4.3 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.
8.4.4 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.
8.4.5 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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, WorkweeksWorkdays, and Pay Periods PAGA Workdays in the Class Data.
8.4.2 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 10 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 Workdays and PAGA Pay Periods Workdays (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.
8.4.3 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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks Workdays and/or Pay PeriodsPAGA Workdays, and Requests for Exclusion will be extended an additional 14 days beyond the 60 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.
8.4.5 7.4.5 If the Administrator, Defendant Defendants or Class Counsel is contacted by or otherwise discovers any persons who believe believes 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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.
8.4.2 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 databaseAddressdatabase.
8.4.3 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.
8.4.4 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or PAGA 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.
8.4.5 7.4.5 If the Administrator, Defendant sPower 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three (3) business days As expeditiously as possible 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 Group Members, Workweeks, and Pay Periods in the Class Data. The Class Data shall not be provided to Class Counsel without the express written permission of Defense Counsel. However, the Administrator may provide to Class Counsel preliminary and final calculation spreadsheets so long as they do not include contact information or other identifying information for the Class Members and PAGA Members.
8.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 ten (10) business 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”( USPS ) mail, the Class Notice with Spanish translation, (if applicable) 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 databaseDatabase.
8.4.3 Not later than 3 business seven (7) days after the Administrator’s 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.
8.4.4 The deadlines for Class Members’ Members written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 fourteen (14) days beyond the 60 sixty (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.
8.4.5 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 the Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 fourteen (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 No later than three Within thirty (330) business calendar days after receipt the Court enters its Order granting Preliminary Approval of the Settlement, the Settlement Administrator will mail Notices of Settlement to the Class Members, as follows:
a. All Class Members will receive a Notice in the form evidenced by Exhibit A (other than formatting changes to facilitate printing by the Settlement Administrator). The Class Notice will be tailored for each individual and have pre-printed information regarding that individual's name, contact information, the number of workweeks during the Class Period from which the Settlement Share of the individual Class Member will be calculated and the number of weeks during the PAGA Period from which the Class Member's PAGA Payment will be calculated.
b. Upon receiving the Class Data, the Settlement Administrator shall notify will, as needed, conduct a National Change of Address search on all Class Counsel that the list has been received Members whose names and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods contact information are included in the Class Data.
8.4.2 Using best efforts to perform as soon as possible. Thereafter, and in the Settlement Administrator shall no event later than 14 calendar days after receiving the Class Data, mail the Administrator will send Class Notices to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mailregular U.S. Mail.
c. If a Class Notice is returned because of an incorrect address, then the Settlement Administrator will promptly, and not longer than five days from receipt of the returned packet, conduct a search for a more current address for 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.
8.4.3 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 Class Member. In doing so, the Settlement Administrator shall be responsible for taking reasonable steps, consistent with its agreed-upon job parameters, Court Orders, and fee, as agreed to with Class Counsel and according to the following deadlines, to trace the mailing address obtained. The Administrator has no obligation to make further attempts to locate or send of any Class Notice to Class Members whose Member for whom a Class Notice is returned by the USPS a second time.
8.4.4 The deadlines U.S. Postal Service as undeliverable. These reasonable steps shall include, as needed, the tracking of all undelivered mail; performing skip trace address searches for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, all returned mail; and Requests for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in promptly re-mailing the Class Notice for all to Class Members whose notice for whom new addresses are found. If the Class Notice is re- mailed, the Settlement Administrator will note for its own records and notify Class Counsel and Xxxxx Rentals' Counsel of the date and address of each such re-mailedmailing as part of its weekly status report provided to the Parties. The Class Counsel and Xxxxx Rentals' Counsel will be entitled to receive from the Settlement Administrator any updated address information about a Class Member as the Settlement Administrator obtains such information.
d. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Xxxxx Rentals' Counsel of objections and Requests Not to Participate in Settlement that it receives.
e. Not later than ten (10) Court days before the Class Member date by which the Parties file a motion for final approval of the extended deadline Settlement, the Settlement Administrator will serve on the Parties and Class Counsel will file with the re-mailed Class Notice.
8.4.5 If Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement. Prior to 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 NoticeFinal Approval Hearing, 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 Settlement Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt supplement its declaration of Class Notice, or due diligence if any material changes occur from the deadline dates in date of the Class Notice, which ever are laterfiling of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
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 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”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.
8.4.3 Not later than 3 business days after the Administrator’s Administrators 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.
8.4.4 The deadlines for Class Members’ 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.
8.4.5 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Notice to Class Members. 8.4.1 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.
8.4.2 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 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, Members and/or Aggrieved Employees 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.
8.4.3 7.4.3 Not later than 3 three (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.
8.4.4 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 7 days beyond the 60 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.
8.4.5 7.4.5 If the Administrator, Defendant FSG 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 7 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 6.4.1. No later than three (3) 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, Members and Pay Periods Workweeks in the Class Data.
8.4.2 6.4.2. 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 Attachment 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.
8.4.3 6.4.3. 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.
8.4.4 6.4.4. 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 time otherwise provided in the Class Notice for all Class Members whose notice is re-re- mailed. The Administrator will inform the Class Member of the extended deadline with the re-re- mailed Class Notice.
8.4.5 6.4.5. If the Administrator, Defendant Austal 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 a good- faith 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Samples: Class Action Settlement Agreement
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 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 with Spanish translation 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.
8.4.3 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.
8.4.4 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.
8.4.5 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. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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Notice to Class Members. 8.4.1 6.4.1. No later than three (3) 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, Members and Pay Periods Workweeks in the Class Data.
8.4.2 6.4.2. 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.
8.4.3 6.4.3. 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.
8.4.4 6.4.4. 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 time otherwise provided in the Class Notice for all Class Members whose notice is re-re- mailed. The Administrator will inform the Class Member of the extended deadline with the re-re- mailed Class Notice.
8.4.5 6.4.5. If the Administrator, Defendant Defendants 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 a good- faith 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
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Samples: Class Action Settlement Agreement
Notice to Class Members. 8.4.1 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 MembersAggrieved Employees, Class Workweeks, and PAGA Pay Periods in the Class Data.
8.4.2 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 10 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.
8.4.3 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.
8.4.4 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 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.
8.4.5 7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe believes they should have been included in the Class Data and should have received a Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith. 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, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever whichever are later.
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