Notice to Class Members. 1. The Parties agree to cooperate in the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense. 2. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice will be submitted as an exhibit to the Joint Motion for Preliminary Approval and Class Certification. The Notice will include, at a minimum, the following: a. A summary of the substantive relief included in this Agreement; b. The date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class; c. The procedure and deadline for submitting objections to the Agreement, as set forth below; d. Contact information for Plaintiffs’ Counsel to answer questions; e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and f. Instructions on how to access the case docket via PACER or in person at the Court’s locations. 3. Defendants agree to take the following steps to effectuate notice to the class: a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”); b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions; c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications; d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting. 4. Plaintiffs agree to take the following steps to effectuate notice to the class: a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel; b. Post the full Notice on the website of Plaintiffs’ Counsel; c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel. 5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 4 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Notice to Class Members. 1After the Court enters an Order Granting Preliminary Approval of the Settlement, every Class Member will be sent the Class Notice Packet (which will include the Class Notice completed to reflect the Order Granting Preliminary Approval of the Settlement and showing the Class Member’s Settlement Share) as follows:
a. No later than 14 days after the Court enters an Order Granting Preliminary Approval of the Settlement, Defendant will provide to the Settlement Administrator an electronic database containing each Class Member’s Class Data. If any or all of the Class Data is unavailable to Defendant, Defendant will so inform Class Counsel and the Parties will meet and confer to reach a resolution concerning the method to use to reconstruct or otherwise agree upon the Class Data prior to when it must be submitted to the Settlement Administrator. This information will otherwise remain confidential and will not be disclosed to anyone, except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in section III.F.2.c., or pursuant to Defendant’s express written authorization or by order of the Court. All Class Data will be used for settlement notification and settlement administration and shall not be used for any other purpose by Class Counsel. This provision shall not be construed to impede Class Counsel’s ability to discharge their fiduciary duties to the Class, and if additional disclosures are necessary, Class Counsel will obtain written authorization of Defendant and/or an order from the Court.
b. The Settlement Administrator shall update the Class Data using the National Change of Address database prior to mailing the Class Notice Packets. Using best efforts to mail it as soon as possible, and in no event later than 14 days after receiving the Class Data, the Settlement Administrator will mail the Class Notice Packets to all Class Members via first-class regular U.S. Mail using the mailing address information provided by Defendant, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement. The Parties agree Class Notice, and any email containing the re-mailed Class Notice, shall include a Spanish translation.
c. If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator will promptly search for a more current address for the Class Member and re-mail the Class Notice Packet to cooperate the Class Member no later than seven (7) business days after the receipt of the undelivered Class Notice. The Settlement Administrator will also email a copy of the re-mailed Class Notice to the Class Member if there is an available email address in the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2Class Data. The Parties Settlement Administrator will jointly prepare use the Class Data and otherwise work with Defendant to find a Notice that explains the Agreement to class membersmore current address. The proposed Notice Settlement Administrator will be submitted responsible for taking reasonable steps, consistent with its agreed-upon job parameters, Court orders, and fee, as an exhibit agreed to with Class Counsel and according to the Joint Motion following deadlines, to trace the mailing address of any Class Member for Preliminary Approval and whom a Class CertificationNotice Packet is returned by the U.S. Postal Service as undeliverable. The Notice will These reasonable steps shall include, at a minimum, the following:
a. A summary tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address using available email addresses, phone numbers, social security numbers, credit reports, LinkedIn, and Facebook; and promptly re-mailing to Class Members for whom new addresses are found. If the Class Notice Packet is re-mailed, the response date for written objections, disputes and opt-outs will be extended an additional 15 days, this extended response date will be set forth in the re-mailed Class Notice, and the Settlement Administrator will note for its own records and notify Class Counsel and Defendant’s Counsel of the substantive relief included 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 Class Counsel and Defendant’s Counsel of the 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 the motion for final approval of the Settlement, the Settlement Administrator will provide the Parties for filing with the Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement;
b. The Agreement and detailing the Elections Not to Participate in Settlement it received (including the numbers of valid and deficient Elections) and objections received. Prior to the Final Approval Hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 2 contracts
Samples: Class Action Settlement Agreement (Mistras Group, Inc.), Class Action Settlement Agreement (Mistras Group, Inc.)
Notice to Class Members. 1(a) All Notice and Administration Costs shall be paid from the Settlement Fund.
(b) The Company shall cause the Plan’s recordkeeper (or its designee) to provide to the Settlement Administrator all information reasonably necessary to disseminate the Notice to Class Members and implement the Plan of Allocation no later than thirty (30) calendar days after the entry of the Preliminary Approval Order.
(c) The Settlement Administrator shall be bound by the Confidentiality Order and must safeguard participant data and use processes consistent with the U.S. Department of Labor’s cybersecurity standards. The Settlement Administrator shall use the data provided by GE and the Plan’s recordkeeper solely for the purpose of meeting its obligations as Settlement Administrator, and for no other purpose. The Parties agree shall have the right to cooperate approve a written protocol to be provided by the Settlement Administrator concerning how the Settlement Administrator will maintain and store information provided to it in order to ensure that reasonable and necessary precautions are taken to safeguard the privacy and security of such information.
(d) No later than forty-five (45) calendar days after the entry of the Preliminary Approval Order, or by such other deadline as specified by the Court, the Settlement Administrator shall send the Notice by email, or by first-class mail, postage prepaid, where no email is available, to Class Members.
(e) The Notice shall be in the class-notification process. Defendants agree to provide form approved by the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants Court, which shall be in notifying substantially the class members of this Agreement at Defendants’ expense.
2. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice will be submitted form attached as an exhibit to the Joint Motion for Preliminary Approval and Class CertificationExhibit A-1 hereto. The Notice to Former Participants will include, at a minimum, include the following:
a. A summary of the substantive relief included in this Agreement;
b. The date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsFormer Participant Rollover Form.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full (f) The Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, shall be sent to the last known email or mailing address a class member (where no email is available) of each Class Member provided to DHS on Form AR-11by the Plan’s recordkeeper (or its designee), unless an updated email or mailing address is obtained by the class member has departed Settlement Administrator through its efforts to verify the United States; and last known address provided by the Plan’s recordkeeper (iiior its designee). If any updated email or mailing address (where no email is available) if is obtained by the class member is or has been in removal proceedingsSettlement Administrator, the latest Settlement Administrator shall provide the address to the Company and the Plan’s recordkeeper for purposes of administration of the class member on file with Plan.
(g) The Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Notice is returned and mail such Notices to those Class Members one additional time.
(h) The Settlement Administrator shall post a copy of the Executive Office for Immigration Review (“EOIR”);
b. Send Notice and the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice Former Participant Rollover Form on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective postingSettlement Website.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Notice to Class Members. 12.6 The Class Notice shall be mailed via first class mail through the United States Postal Service (“USPS”), postage pre-paid. The Class Notice and its envelope or covering shall be marked to denote the return address of the Settlement Administrator.
2.7 Pursuant to order of the Court, within twenty (20) days after the Preliminary Approval Date, Cap Re shall provide to Lead Class Counsel and the Settlement Administrator, conforming to the specifications of the Settlement Administrator, the Class Member List. In preparing the Class Member List, except as discussed herein, Defendants shall have no obligation to look beyond information obtainable from Cap Re’s and GMAC Mortgage’s readily- searchable computer media. The Class Member List shall, for each Reinsured Loan, specify:
(a) the names of all the borrower(s) associated with the Reinsured Loan;
(b) the address of the property securing the Reinsured Loan; and
(c) the loan number of the Reinsured Loan. The costs to GMAC Mortgage and Cap Re in compiling the Class Member List in accordance with the Agreement shall not be considered Administrative Costs to be paid from the Settlement Fund. Named Plaintiffs may conduct reasonable confirmatory discovery of Cap Re, GMAC Mortgage and Ally Bank with respect to the contours and size of the Settlement Class, in a manner to be mutually agreed upon by the Parties.
2.8 After obtaining the Class Member List, the Settlement Administrator shall utilize current USPS software and/or National Change of Address (“NCOA”) searches to update the address records so that Class Members’ most recent addresses will be utilized. If GMAC Mortgage’s or Cap Re’s records or USPS/NCOA searches indicate that co-obligors on a loan now reside at separate addresses, the Settlement Administrator will send notices to each address where a co-obligor is believed to reside. If the most recent address cannot be identified, the Class Member’s Last Known Address will be utilized. The cost to the Settlement Administrator of compiling, updating, or otherwise processing the Class Member List in accordance with the Agreement and Court orders will be paid from the Settlement Fund.
2.9 The Class Member List and its contents are to be used by Lead Class Counsel and the Settlement Administrator solely for the purpose of performing their obligations under this Agreement, and shall not be used for any other purpose at any time. Neither the Class Member List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, to anyone by Lead Class Counsel or the Settlement Administrator and shall be subject to return or destruction pursuant to Section 8.14 of this Agreement.
2.10 Lead Class Counsel, through the Settlement Administrator, will establish a website for communications with Class Members, but the domain name and content of the website must be approved by GMAC Mortgage and Cap Re, and such approval shall not be unreasonably withheld.
2.11 The cost of providing Class Notice to each person on the Class Member List, as well as the cost of the Settlement Administrator, and all expenses incurred by the Settlement Administrator, including, without limitation, postage costs and data processing, will be paid from the Settlement Fund. The Parties, in good faith, will endeavor to minimize these costs to the extent possible or prudent.
2.12 No later than forty-five (45) days after entry of the Preliminary Approval Order, the Settlement Administrator will provide notice of this Settlement and the date of the Final Approval Hearing by mailing to all Class Members a copy of the Class Notice, in substantially the form attached hereto as Exhibit B. Prior to the Final Approval Hearing, Class Counsel shall serve and file a sworn statement by the Settlement Administrator evidencing compliance with the provisions of the Preliminary Approval Order concerning the preparation of and mailing of the Class Notice.
2.13 In the event that a Class Notice is returned to the Settlement Administrator by the United States Postal Service because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall resend the Class Notice to the address within seven (7) days of receiving such information.
2.14 In the event that subsequent to the first mailing of a Class Notice, and at least fourteen (14) days prior to the Opt-Out Deadline, a Class Notice is returned to the Settlement Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces and to the extent that the information needed to perform a skip trace is available, in an effort to ascertain the current address of the particular Class Member in question and, if such an address is ascertained, the Settlement Administrator will resend the Class Notice within seven (7) days of receiving such information.
2.15 The Class Notice shall inform each Class Member of his or her right to opt-out of the Class and not to be bound by this Agreement, if, by the Opt-Out Deadline, the Class Member mails to the Settlement Administrator a notice of intention to opt out (in no particular format, but which contain the words “opt- out,” “exclusion,” or words to that effect clearly indicating an intent not to participate in the Settlement, and sets forth the Class Member’s name, address, telephone number, and loan number (if available)). The Class Notice shall further inform each Class Member of the impact of confirmation of the Chapter 11 Plan on their individual claims should they decide to opt out. The Parties agree shall reach an agreement as to cooperate in whether a communication from a Class Member is a request to opt-out, and shall inform the classCourt of their position at the Final Approval Hearing if necessary and/or appropriate. In no event shall persons who purport to opt out of the Settlement as a group, aggregate, or class involving more than one
(1) Class Member be considered Successful Opt-notification processOuts.
2.16 Unless the Court directs otherwise, the Class Notices shall provide that requests by any Class Member to opt-out of the Settlement be mailed to the Settlement Administrator and postmarked by the Opt-Out Deadline, or be forever barred. Defendants agree In the event that more than one (1) person is obligated on a Reinsured Loan, all the obligors must submit opt-outs by the Opt-Out Deadline to provide designate the information necessary loan a Successful Opt-Out. Unless a Class Member is deemed a Successful Opt-Out, the Class Member will be deemed a Participating Class Member, subject to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying all the class members terms of this Agreement at Defendants’ expenseAgreement.
22.17 Lead Class Counsel or Defense Counsel may dispute an opt-out or purported opt- out, including an attempt to opt out as a group, aggregate or class, within thirty (30) days of the postmarking of a notice of intention to opt out, or by the Settlement Effective Date, whichever occurs later. The Parties will jointly prepare Court shall retain jurisdiction to resolve such disputes. Any decision by Defense Counsel not to dispute an opt-out or purported opt-out shall not be a Notice that explains waiver, determination, or preclusive finding against any of the Agreement to class members. The proposed Notice will be submitted Defendants as an exhibit to the Joint Motion for truth of the facts in any proceeding other than the Action or of the facts with respect to any other Class Member.
2.18 For a period of three hundred sixty (360) days after the Preliminary Approval and Class Certification. The Notice will includeDate, at a minimumor one hundred eighty (180) days after the Final Approval Order is entered, whichever is later, the following:
a. A summary of the substantive relief included in this Agreement;
b. The date of the Fairness Hearing with Settlement Administrator shall maintain a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreementpost office box or address, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members well as follows: (i) for class members with an application for immigration benefits currently pending with DHSa functioning email address, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been receive mail in removal proceedings, the latest address of the class member on file connection with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective postingSettlement.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Notice to Class Members. 1After the Court enters its order granting Preliminary Approval of the Settlement, every Class Member will be provided with the appropriate Class Notice Packet (which will include the Class Notice completed to reflect the order granting Preliminary Approval of the Settlement, the Notice of Estimated Settlement Award, and, if applicable, the Consent to Join Settlement Form) as follows:
a. Within thirty (30) days after the Court enters its order granting Preliminary Approval of the Settlement, Defendants will provide to the Settlement Administrator the following information for each Class Member: name, last known address and telephone number (if any), Social Security number, along with number of workweeks that he or she worked in a position in the California Class and/or the Expedition FLSA Class, as reflected in Defendants’ records during the relevant period. If any or all of the Class Members’ data are unavailable to Defendants, Defendants will use best efforts to deduce or reconstruct the Class Members’ data prior to when it must be submitted to the Settlement Administrator; approximations or averages may be used. This information will otherwise remain confidential and will not be disclosed to anyone, except in order to carry out the efforts described in section III.D and to disseminate the applicable Class Notice Packet pursuant to this Agreement, or pursuant to Defendants’ express written authorization or by order of the Court.
b. Within 15 days after receiving the Class Member information from Defendants, the Settlement Administrator will send each Class Member notice of the Settlement, a Notice of Estimated Settlement Award including the estimated Settlement Share that the Class Member may qualify to receive, and, with respect to each Expedition FLSA Class Member, the Consent to Join Settlement. In the event of returned or non-deliverable notices, the Settlement Administrator will make reasonable efforts to locate Class Members and re-send the notices.
c. If a Class Notice Packet is returned because of an incorrect address and no forwarding address is affixed thereto, the Settlement Administrator will promptly, and not later than five (5) business days from receipt of the returned packet, search for a more current address for the Class Member using a skip trace, and re-mail the Class Notice Packet to the Class Member. The Parties agree to cooperate in Settlement Administrator will use the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. PlaintiffsClass Members’ Counsel agrees to cooperate data and otherwise work with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2to find a more current address. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice Settlement Administrator will be submitted responsible for taking reasonable steps, consistent with its agreed-upon job parameters, court orders, and fee, as an exhibit agreed to with Class Counsel and according to the Joint Motion following deadlines, to trace the mailing address of any Class Member for Preliminary Approval and whom a Class CertificationNotice Packet is returned by the U.S. Postal Service as undeliverable. The Notice These reasonable steps will include, at a minimum, the following:
a. A summary 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 Class Notice Packet is re-mailed, the Settlement Administrator will note for its own records and notify Class Counsel and Defendants’ Counsel of the substantive relief included in this Agreement;
b. The date and address of the Fairness Hearing with each such re- mailing as part of a clear statement that the date may change without further notice weekly status report provided to the Class;Parties. Class Counsel and Defendants’ 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.
c. The procedure d. Each week, the Settlement Administrator will provide to Class Counsel and deadline for submitting Defendants’ Counsel a report showing whether any Class Notice Packets have been returned and re-mailed and the receipt of any opt-outs, opt-ins, and/or objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsSettlement.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 1After the Court enters an Order Granting Preliminary Approval of the Settlement, the Class Notice Packet will be mailed to all members of the Class as follows:
a. No later than 14 days after the Court enters an Order Granting Preliminary Approval of the Settlement, Defendant will provide the Class Data list to the Settlement Administrator, This list will otherwise remain confidential and will not be disclosed to anyone, except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in Section III.E.2.c., or pursuant to Defendant’s express written authorization or by order of the Court. All Class Data will be used for settlement notification and settlement administration and shall not be used for any other purpose by Class Counsel.
b. Using best efforts to mail it as soon as possible, and in no event later than 14 court days after receiving the Class Data list, the Settlement Administrator will mail the Class Notice Packets to all Class Members via first-class regular U.S. Mail using the mailing address information provided by Defendant, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement, or from the Class Member, or from Class Counsel.
c. If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator will promptly, and not longer than 10 days from receipt of the returned packet, search for a more current address for the Class Member and re-mail the Class Notice Packet to the Class Member. The Parties agree Settlement Administrator will use the Class Data and otherwise work with Defendant to cooperate in find the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2most current address. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice Settlement Administrator will be submitted responsible for taking reasonable steps, consistent with its agreed-upon job parameters, Court orders, and fee, as an exhibit agreed to with Class Counsel and according to the Joint Motion following deadlines, to trace the mailing address of any Class Member for Preliminary Approval and whom a Class CertificationNotice Packet is returned by the U.S. Postal Service as undeliverable. The Notice will These reasonable steps shall include, at a minimum, the following:
a. A summary 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 Class Notice Packet is re-mailed, the Settlement Administrator will note for its own records and notify to Counsel for the Parties of the substantive relief included date 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 Class Counsel and Defendant’s Counsel of the number of Elections Not to Participate in Settlement it receives (including the numbers of valid and deficient), number of disputed claims, and number of objections received, and will provide any written objections upon receipt to Counsel for the Parties.
e. No later than 10 days before the date Plaintiffs will file the Motion for Final Approval of the Settlement, the Settlement Administrator will provide its declaration of due diligence setting forth its compliance with its obligations under this Agreement;
b. The Agreement and detailing the Elections Not to Participate in Settlement received (including the numbers of valid and deficient Elections), number of disputed claims, and objections received. Prior to the Final Approval Hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 110.1 As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which any Eligible Person may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Eligible Persons may access this Agreement and other related documents and information.
10.2 The Notice also shall include a procedure for any Eligible Person to opt-out of the Settlement as detailed in Paragraph 5.1.
10.3 Notice shall be provided to any Eligible Person in three different ways: (a) Postcard Notice; (b) Long Form Notice with greater detail than the Postcard Notice; and (c) Publication Notice.
10.4 The Postcard Notice, the Long Form Notice, and the Publication Notice shall be in forms approved by the Court, and substantially similar to the notice forms attached hereto as Exhibits C, D, and E. The Parties may by mutual written consent make non- substantive changes to the Notices without Court approval.
10.5 The Postcard Notice shall be mailed to any Eligible Person by first class United States mail to the best available mailing addresses. The Parties agree to cooperate in the class-notification process. Defendants agree to shall provide the information necessary to effectuate notification of class members Settlement Administrator with last known mailing addresses for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2. The Parties will jointly prepare a Notice that explains the Agreement to class these members. The proposed Settlement Administrator shall run the names and addresses through the National Change of Address Registry and update as appropriate. Additionally, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, shall mail the Postcard Notice will be submitted as an exhibit to that forwarding address. If a mailed Postcard Notice is returned with a new forwarding address information, the Settlement Administrator shall re-mail the Postcard Notice to the Joint Motion for Preliminary Approval and Class Certificationnew forwarding address. The Postcard Notice will include, at shall inform any Eligible Person how they may request a minimum, the following:
a. A summary copy of the substantive relief included Long Form Notice.
10.6 The Opt-Out Period shall be extended for a period of 15 days for any Eligible Person that is re-mailed a Postcard Notice to a new forwarding address.
10.7 The Publication Notice shall be comprised of a Publication Notice published in this Agreement;
b. The date Missouri to apprise Eligible Persons of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the AgreementSettlement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: print publication in a local newspaper (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.e.g.,
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 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, Defendant shall deliver to the Settlement Administrator the following information about each Class Member: (1) first and last name; (2) last known mailing address; (3) 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 Defendant as an hourly-paid, non-exempt California employee (“collectively “Class Data”). If any or all 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 Parties agree Settlement Administrator will conduct a skip trace for the addresses of all former employee Class Members of Defendant. The Settlement Administrator shall maintain the Class Data and all information contained within the Class Data as private and confidential. This provision will not impede Class Counsel’s ability to cooperate discharge their fiduciary duties, including effectuating the terms of this settlement.
b. The Settlement Administrator shall run all addresses contained in the classClass Data through the United States Postal Service National
c. If a Notice Packet is returned because of an incorrect address, within ten (10) calendar days after receipt of the returned Notice Packet, the Settlement Administrator will conduct a search for a more current address for the Class Member and re-notification process. Defendants agree mail the Notice Packet to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2Class Member. The Parties Settlement Administrator will jointly prepare use the NCOA Database and skip tracing to attempt to 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 that explains the Agreement to class membersPacket is returned by U.S. Postal Service as undeliverable. The proposed Notice will be submitted as an exhibit to the Joint Motion for Preliminary Approval and Class Certification. The Notice will These reasonable steps shall include, at a minimum, the following: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 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 their Response Deadline to postmark a request for exclusion from or objection to the Settlement extended by ten (10) calendar days from the original Response Deadline. The Settlement Administrator shall mark on the envelope whether the Notice Packet is a re-mailed packet.
a. A summary 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. mail to the Settlement Administrator. To the extent a Class Member disputes the number of workweeks or pay periods with which he or she has been credited or the amount of his or her Individual Settlement Share or portion of the substantive relief included in this Agreement;PAGA Payment, the Class Member must produce and submit evidence to the Settlement Administrator showing that such information is inaccurate. Class Members shall be permitted to submit copies of any evidence supporting workweek or pay period disputes – original versions will not be required. Absent evidence rebutting
b. The date 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 Fairness Hearing deficiency and shall provide the Class Member fourteen (14) calendar days with which to cure the deficiency. However, the provision of a clear statement that cure period will not extend the date may change without further notice Response Deadline. If the Settlement Administrator does not receive a cured request for exclusion, postmarked on or before the last day of the cure period, the Class Member will be 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 Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3Parties. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedingsAs part of its weekly status report, the latest address Settlement Administrator will inform Class Counsel and Counsel for Defendant of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full number of Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”)Packets mailed, the National Immigration Project number of Notice Packets returned as undeliverable, the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigrationnumber of Notice Packets re-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindimailed, and the Notice number of requests for exclusion received.
g. No later than fourteen (14) calendar days after the Response Deadline, the Settlement Administrator will include an online link to these translations.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 Court by Class Counsel no later than ten (10) calendar days before the Final Approval Hearing. If any material changes occur after the date of
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 1. The Parties agree to cooperate in After the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice will be submitted as an exhibit to the Joint Motion for Court enters its order granting Preliminary Approval and Class Certification. The Notice will include, at a minimumof the Settlement, the followingClaims Administrator will provide every Class Member 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 Data as follows:
a. A summary No later than thirty (30) calendar days after the Court enters its order granting Preliminary Approval of the substantive relief included in this Agreement;
b. Settlement, Defendants will provide to the Settlement Administrator an Excel file with each Class Member’s Class Data. The date identities, social security numbers, and addresses of Class Members shall remain strictly confidential for the Settlement Administrator’s eyes only, and shall not to be disclosed to Plaintiffs or to Class Counsel. Plaintiffs and Class Counsel shall have access to the Class Data, with the Class Members identified with anonymous unique identifiers. The Settlement Administrator shall agree not to disclose the Class Data and its contents to third parties, except as necessary for approval of the Fairness Hearing with a clear statement that the date may change without further notice Settlement. This provision shall not be construed to impede Class Counsel’s ability to discharge their fiduciary duties to the Class;, and if additional disclosures are necessary, Class Counsel will obtain written authorization from Defendants and/or an order from the Court.
b. Using best efforts to mail it as soon as possible, and in no event later than fourteen (14) calendar days after receiving the Class Data, the Settlement Administrator will mail the Class Notice Packets to all Class Members via first-class regular U.S. Mail using the mailing address information provided by Defendants, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement.
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full If a Class Notice in paper form to class members as follows: (i) for class members with Packet is returned because of an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedingsincorrect address, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOSSettlement Administrator will promptly, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.not longer than ten
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 1. The Parties agree to cooperate in (A) Within 14 days of the class-notification process. Defendants agree to Court’s issuance of an Approval Order, Senior Care will provide the information necessary to effectuate notification Claims Administrator the following information, in electronic form, for all Class Members: name, social security number, last known addresses, percent share of class members Net Settlement Amount (“Class List”). Defense Counsel will provide Class Counsel with the same list, but that list will not include the social security numbers or addresses for objection purposesthe Class Members. Plaintiffs’ Likewise, Class Counsel agrees to cooperate with Defendants in notifying will provide the class members Claims Administrator the name and last known address for the Named Plaintiff and each Opt-In Plaintiff within 14 days of this Agreement at Defendants’ expensethe Court’s issuance of an Approval Order. If the addresses conflict, the address provided by Class Counsel should be the proper address used.
2. The Parties (B) Within 15 business days of the receipt of the Class List from Senior Care, the Claims Administrator will jointly prepare a mail to all Class Members, via First-Class United States Mail, postage prepaid, the Court-approved Notice that explains the Agreement to class members. The proposed Notice will be submitted as an exhibit to the Joint Motion for Preliminary Approval of Settlement of Collective Action Lawsuit and Class CertificationClaim Form. The Notice will includeshall state it is authorized and approved by the Court, at a minimuminform the Class Members of their eligibility to participate in the settlement by signing and returning the enclosed consent form, clearly state the following:
a. A summary deadline by which the Class Member must return the Claim Form to participate in the settlement, inform the class member of the substantive relief included acceptable method of transmitting the Claim Form, inform them of the general nature of the claims asserted in the Lawsuit, their rights as Class Members (including without limitation the right to be free from retaliation), specify the scope of the claims they release by virtue of participating in the settlement, state the legal effect of not participating in the settlement, advise them of their representation by Class Counsel at no cost if they choose, provide them instruction on how to contact Class Counsel and/or the Claims Administrator if they have questions, inform them of the Maximum Settlement Amount, and inform them of their settlement allocation. By signing the Claim Form, a Class Member agrees to participate in this settlement, accept representation by Class Counsel or designate alternative counsel and releases the Released Wage and Hour Claims as specified herein. The Claim Form shall also require the Class Member to provide his or her name, last four digits of their social security number and date of signing. The Claim Form will allow the Class Member to provide their current mailing address, email address and phone number, however none of the contact information voluntarily provided shall be filed with the Court or otherwise made public. The Claim Form, to be valid, can be DocuSign Envelope ID: D4AAFC95-D46C-48A5-A05B-F62626F24110 returned only by U.S. Mail. Class Members will only be bound by this Settlement, and will only be entitled to receive a share of the Net Settlement Fund, if they return their completed, signed consent form postmarked within sixty (60) days from the mailing of the Notice to them (“Initial Consent Deadline”).
(C) The Claims Administrator will take all reasonable steps to obtain the correct address of any Class Members for whom a Notice is returned by the Post Office as undeliverable and shall attempt re-mailings as described in this Agreement;
b. . The date Claims Administrator will notify Class Counsel and Defeense Counsel of any Notice sent to a Class Member that is returned as undeliverable after the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreementfirst mailing, as well as any such Notice returned as undeliverable after any subsequent mailing(s) as set forth below;
d. Contact information in this Agreement. For anyone whose Notice is returned as undeliverable and a re-mailing attempted, they shall have until the later of the Initial Consent Deadline or 15 days from the remailing of the Notice to return their completed, signed consent form (“Extended Consent Deadline”). Thirty (30) days after the initial mailing of the Notice, the Claims Administrator shall send a reminder postcard to all Class Members who, as of that date, have not yet returned a completed Claim Form, reminding Class Members of the deadline and acceptable method for Plaintiffs’ returning a completed Claim Form. A copy of the reminder postcard is attached as Exhibit C. No other reminder notice of any type shall be sent. Prior to the submission of their Claim Form, there shall be no other attempts to contact Class Members by the Claims Administrator or Class Counsel. Within 7 days of the later of the Initial Consent Deadline or the Extended Consent Deadline, the Claims Administrator shall provide Defense Counsel to answer questions;
e. The address and Class Counsel with a list of all Participating Class Members and electronic copies of all timely received and completed Claim Forms, together with redacted copies of such Claim Forms suitable for Plaintiffs’ Counsel’s website filing with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Notice to Class Members. 12.4.1. If, by entering the Preliminary Approval Order, the Court provides authorization to send the Class Notice to Class Members, Garda, through the Claims Administrator, will facilitate the mailing of the Notice to all Class Members at their Last Known Addresses or Updated Addresses after Reasonable Address Verification Measures. The Parties agree Notices shall be mailed via first class mail through the United States Postal Service, postage pre-paid. The Notice shall include instructions on how a Class Member can submit notice of a change in address or an Opt Out Request. No other materials will be included with the mailings enclosing these notices. No Settling Party shall send any other materials to cooperate any Class Member, provided that Class Counsel may respond to individual inquiries from Class Members, and provided further that Garda may communicate with Class Members who are currently employed by Garda in the class-notification processnormal course of business, including with respect to this settlement consistent with the terms of this Agreement and the Notice. Defendants agree Garda agrees to neither encourage nor discourage opting out and/or objecting to settlement.
2.4.2. The Notice and their envelopes or coverings shall be marked to denote the return address of the Claims Administrator as set forth on the change of address form in the Notice.
2.4.3. Garda shall compile information respecting the name, Last Known Address, and Social Security Number and transmit such information to the Claims Administrator for purpose of mailing the Notice and verifying Class Member addresses. This information will not be provided to the Class Representatives or Class Counsel, except insofar as separately transmitted to Class Counsel as Class Member Data. By preliminarily approving this settlement, the Court will be deemed to have authorized Garda to provide the Claims Administrator with the foregoing information necessary regarding each Class Member, including his or her Social Security Number.
2.4.4. Prior to effectuate notification mailing the Notice to each Class Member, the Claims Administrator shall undertake a Reasonable Address Verification Measure to ascertain the current accuracy of class members the Last Known Address of each Class Member. To the extent this process yields an Updated Address, that Updated Address shall replace the Last Known Address and be treated as the new Last Known Address for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members purposes of this Agreement at Defendants’ expenseand for subsequent mailings in particular.
22.4.5. The Parties will jointly prepare a Notice that explains Mailing Deadline is the Agreement last date for the Claims Administrator to class membersmail the Notices to the Last Known Address of each Class Member and post the Notices on the website established per this Agreement.
2.4.6. The proposed All costs of the mailing described in Paragraph 2.4.1 (including, for example, the fees charged by the Claims Administrator, the cost of the envelopes in which the Notice will be submitted as an exhibit mailed, the cost of reproducing the Notice, the cost of postage to send the Notice, and the costs of maintaining the website established per this Agreement), shall be included in the portion of the Maximum Settlement Amount allocated for claims administration costs.
2.4.7. Unless the Claims Administrator receives a Notice returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice shall be deemed mailed and received by the Class Member upon mailing. In the event that subsequent to the Joint Motion first mailing of a Notice, and prior to the Notice Response Deadline, a Notice is returned to the Claims Administrator by the United States Postal Service with a forwarding address for Preliminary Approval and Class Certification. The the recipient, the Claims Administrator shall re-mail that Notice to the forwarding address, that Notice will includebe deemed mailed and received at that point, at a minimum, and the following:
a. A summary of forwarding address shall be deemed the substantive relief included in this Agreement;
b. The date of Updated Address for that Class Member. In the Fairness Hearing with a clear statement event that the date may change without further notice subsequent to the Class;
c. The procedure first mailing of a Notice, and deadline for submitting objections prior to the AgreementNotice Response Deadline, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3. Defendants agree to take the following steps to effectuate notice a Notice is returned to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed Claims Administrator by the United States; and (iii) if States Postal Service because the class member is or has been in removal proceedings, the latest address of the class member on file with recipient is no longer valid, e.g., the Executive Office envelope is marked “Return to Sender,” the Claims Administrator shall undertake a Secondary Address Verification Measure to attempt to ascertain the current address of the particular Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send that Notice within five (5) days of receiving such information. If no Updated Address is obtained for Immigration Review (“EOIR”);
b. Send that Class Member through this second effort, the full Notice in paper form shall be sent again to the addresses on file with Defendants Last Known Address, and in either event, the Notice shall be deemed received once it is mailed for the most recent legal representatives second time. In the event that subsequent to the second mailing of every class member in matters before DHS, DOSa Notice, and EOIRon or after the Notice Response Deadline, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full a Notice in electronic form is returned to the email address(es) Claims Administrator by the United States Postal Service because the address of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on recipient is no longer valid, i.e., the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on envelope is marked “Return to Sender,” the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree Claims Administrator shall be required to take the following steps no further action with that Notice and it shall be deemed to effectuate notice have been delivered. Nothing in this Paragraph 2.4.8 shall be deemed to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and extend the Notice will include an online link to these translationsResponse Deadline.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 1After 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 (15) calendar 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 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 Parties agree Settlement Administrator shall maintain the Class Data as private and confidential and take reasonable and necessary precautions to cooperate in maintain the class-notification processconfidentiality of the Class Data. Defendants agree 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. This provision is necessary to preserve the privacy rights of Class Members and will not impede Class Counsel’s ability to discharge fiduciary duties, including effectuating the terms of this Settlement.
c. Within fourteen (14) calendar days after Defendant’s deadline to provide the information necessary Class Data to effectuate notification of the Settlement Administrator, the Settlement Administrator will mail the Notice Packet to all identified Class Members via first-class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expenseregular U.S. Mail.
2d. If a Notice Packet is returned because of an incorrect address, within ten (10) calendar days from receipt of the returned Notice Packet, the Settlement Administrator will conduct a search for a more current address for the Class Member and re-mail the Notice Packet to the Class Member. The Settlement Administrator will use the National Change of Address Database and conduct 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
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 Shares, 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 Class Member produces evidence to the contrary, the Parties will jointly prepare evaluate the evidence submitted by the Class Member and will make the final decision as to the number of eligible weeks that should be applied and/or the Individual Settlement Share to which the Class Member may be entitled.
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) calendar 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 that explains Packets mailed, the Agreement to class membersnumber of Notice Packets returned as undeliverable, the number of Notice Packets re-mailed, and the number of Exclusion Forms received.
h. 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 proposed Notice will declaration from the Settlement Administrator shall also be submitted as an exhibit to filed with the Joint Motion for Preliminary Court by Class Counsel no later than ten (10) calendar days before the Final Approval and Class CertificationHearing. The Notice will include, at a minimumBefore the Final Approval Hearing, the following:
a. A summary Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the substantive relief included in this Agreement;
b. The date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 1
70. Beginning no later than fourteen (14) days after the date of the Preliminary Approval Order, the Settlement Administrator shall initiate the Notice Program (“Notice Date”). Such Notice Program shall be completed with immediacy in accordance with the terms of the Settlement Agreement. Prior to the Final Approval Hearing, the Settlement Administrator shall serve and file a sworn statement attesting to compliance with the provisions of this Section VIII.
71. The Parties agree Postcard Notice and Long Form Notice shall be in forms approved by the Court, and substantially similar to cooperate in the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expensenotice forms attached hereto as Exhibits 1 and 2.
272. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice will be submitted as an exhibit provided to the Joint Motion for Preliminary Approval Classes by direct mailing of the Postcard Notice, along with a Claim Form and return envelope, to all potential Class CertificationMembers at their last known or readily ascertainable address. The Postcard Notice will include, at shall inform Class Members how they may request a minimumcopy of the Long Form Notice.
73. Defendant shall provide the Settlement Administrator with last known mailing addresses for the Class Members. The Settlement Administrator shall run the names and addresses of the Class Members through the National Change of Address Registry and update as appropriate. Additionally, the following:Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, shall mail the Postcard Notice to the forwarding address.
a. A summary 74. If a mailed Postcard Notice is returned with new forwarding address information, the Settlement Administrator shall re-mail the Postcard Notice to the new forwarding address.
75. Additional notice will be provided to the Class Members by way of posting the Postcard Notice, Long Form Notice, and Claim Form at the St. Xxx Xxxx and St. Ann City Hall.
76. The Settlement Administrator shall also provide a copy of the substantive relief included in this Agreement;
b. Postcard Notice, Long Form Notice, and Claim Form to any person who inquires by written communication or telephone call to the toll-free telephone number established by the Settlement Administrator. The date Settlement Administrator also will upload downloadable and printable copies of the Fairness Hearing with a clear statement that the date may change without further notice Postcard Notice, Long Form Notice, and Claim Form to the Class;Settlement Website.
c. 77. The procedure Settlement Administrator shall also distribute Publication Notice by way of publication in the St. Xxxxx Xxxxxxxx on at least one day per week for three consecutive weeks, commencing on the Notice Date. The Publication Notice shall inform Class Members how they may request copies of the Long Form Notice and deadline for submitting objections a Claim Form.
78. The Settlement Administrator shall maintain a database showing mail addresses to which each Notice was sent and any Notices that were not delivered. In addition to weekly updates to the AgreementParties regarding the progress of the Notice Program and the declaration or affidavit by the Settlement Administrator in advance of the Final Approval Hearing and in support of the motion for Final Approval, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in a summary report of the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3. Defendants agree to take the following steps to effectuate notice Notice Program shall be provided to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, Parties three days prior to the address on record for Final Approval Hearing. The database maintained by the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, Settlement Administrator regarding the Notices shall be available to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, Parties and the Notice will include an online link to these translationsCourt upon request.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 1After the Court enters its Order Granting Preliminary Approval of the Settlement, every Class Member will be sent the Class Notice Packet (which will include the Class Notice completed to reflect the Order Granting Preliminary Approval of the Settlement and showing the Class Member’s Settlement Share) as follows:
a. No later than 21 calendar days after the Court enters its Order Granting Preliminary Approval of the Settlement, Defendant will provide to the Settlement Administrator with each Class Member’s Class Data. If any or all of the Class Data is unavailable to Defendant, Defendant will so inform Class Counsel and the Parties will 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 Parties agree Settlement Administrator shall update addresses using the National Change of Address database. This information will otherwise remain confidential and will not be disclosed to cooperate anyone (including Class Counsel, Plaintiffs, or any other Class Members), except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in section III.I.2.c., or pursuant to Defendants’ express written authorization or by order of the Court. All Class Data will be used for settlement notification and settlement administration, and shall not be used for any other purpose by Class Counsel. Except as specifically provided herein, the Class Data shall not be disclosed to Class Counsel, the Plaintiffs, or any other Class Members without the written consent of Defendants.
b. Using best efforts to mail it as soon as possible, and in no event later than 14 calendar days after receiving the Class Data, the Settlement Administrator will mail the Class Notice Packets to all Class Members via first-class regular U.S. Mail using the mailing address information provided by Defendants, unless modified by any updated address information that the Settlement Administrator obtains in the class-notification process. Defendants agree to provide course of administration of the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expenseSettlement.
2c. If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator 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 in the National Change of Address database and re-mail the Class Notice Packet to the Class Member. The Parties Settlement Administrator will jointly prepare use the Class Data and otherwise work with Defendant to locate a Notice that explains the Agreement to class membersmore current address. The proposed Notice Settlement Administrator will be submitted responsible for taking reasonable steps, consistent with its agreed upon job parameters, Court orders, and fee, as an exhibit agreed to with Class Counsel and according to the Joint Motion following deadlines, to trace the mailing address of any Class Member for Preliminary Approval and whom a Class CertificationNotice Packet is returned by the U.S. Postal Service as undeliverable. The Notice will These reasonable steps shall include, at a minimum, the following:
a. A summary tracking of all undelivered mail; performing address searches in the National Change of Address database for all mail returned without a forwarding address; and promptly re-mailing to Class Members for whom new addresses are found. If the Class Notice Packet is re-mailed, the Settlement Administrator will note for its own records and notify Class Counsel and Defendants’ Counsel of the substantive relief included date and address of each such re-mailing as part of a weekly status report provided to the Parties. A returned Class Notice Packet will be forwarded at most only once per Class Member by the Settlement Administrator. Upon completion of these steps by the Settlement Administrator, the Parties shall be deemed to have satisfied their obligation to provide the Class Notice Packet to the affected member of the Class.
d. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defendants’ Counsel of the 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 calendar days before the date by which the Plaintiffs file the motion for final approval of the Settlement, the Settlement Administrator will provide the Parties for filing with the Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement;
b. The Agreement and detailing the Elections Not to Participate in Settlement it received (including the numbers of valid and deficient Elections) and objections received. Prior to the Final Approval Hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. By no later than fifteen (15) days after the Settlement Administrator receives the list of geocoded putative Class Members from Defendants, the Settlement Administrator will mail, by first class mail, a Class Action Settlement Notice, in the form ordered by the Court and substantially in the Form of Exhibit A-1, attached hereto, to the Settlement Class Members identified by Defendants. The date the Notices set forth herein are mailed will be the “Notice Date.”
1. The Parties agree Prior to cooperate in mailing, or at any time deemed necessary by the classSettlement Administrator, addresses provided by the Defendants will be cross-notification process. Defendants agree referenced and updated with the National Change of Address Database (“NCOA”) to provide determine the information necessary to effectuate notification of class members most valid and updated address for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expenseSettlement Class Members.
2. The Parties If a Class Action Settlement Notice mailed to a member of the Settlement Class is returned with a forwarding address provided by the Postal Service, the Settlement Administrator will jointly prepare a promptly re-mail by first class mail the Class Action Settlement Notice that explains the Agreement to class members. The proposed Notice will be submitted as an exhibit to the Joint Motion for Preliminary Approval and Class Certification. The Notice will include, at a minimum, the following:
a. A summary of the substantive relief included in this Agreement;
b. The date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsprovided.
3. If the NCOA Database indicates that the last known address of any member of the Settlement Class is invalid or otherwise undeliverable and the Defendants agree have no updated address information for such Settlement Class Member, neither Defendants nor the Settlement Administrator will have an obligation to take the following further steps to effectuate notice locate such member of the Settlement Class. Defendants may, at their discretion, take any reasonable additional steps recommended by the Settlement Administrator to the class:
a. Send the full Notice in paper form to class members as follows: (i) locate updated addresses for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has whose notices have been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective postingreturned as undeliverable.
4. Plaintiffs agree At or near the Notice Date, the Settlement Administrator will also create a web-based informational page and dedicated post-office box to take assist in settlement administration. The web-based informational page will provide access to copies of significant documents in the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizensActions, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”)this Settlement Agreement, the National Immigration Project Order Granting Preliminary Approval, the Notice of the National Lawyers Guild (“NIPNLG”), Immigrants’ ListClass Action Settlement, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counselapplicable documents.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 1After the Court enters its Order Granting Preliminary Approval of the Settlement, every Class Member will be sent the Class Notice (which will include the Class Notice completed to reflect the Order Granting Preliminary Approval of the
a) No later than 14 calendar days after the Court enters its Order Granting Preliminary Approval of the Settlement, Defendant will provide to the Settlement Administrator Defendant 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 Parties agree Settlement Administrator shall update addresses using the National Change of Address database. This information will otherwise remain confidential and will not be disclosed to cooperate anyone (including Class Counsel, Plaintiff, or any other Class Members) in order to protect the privacy rights of Class Members, except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in section III.E.2.c., written authorization or by order of the Court. All Class Data will be used for settlement notification and settlement administration and shall not be used for any other purpose by Class Counsel. fiduciary duties.
b) Using best efforts to mail it as soon as possible, and in no event later than 14 calendar days after receiving the Class Data, the Settlement Administrator will mail the Class Notice Packets to all Class Members via first-class regular U.S. Mail using the mailing address information provided by Defendant, unless modified by any updated address information that the Settlement Administrator obtains in the class-notification process. Defendants agree to provide course of administration of the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expenseSettlement.
2c) If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator 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 in the National Change of Address database and re-mail the Class Notice Packet to the Class Member. The Parties Settlement Administrator will jointly prepare use the Class Data and otherwise work with Defendant to locate a Notice that explains the Agreement to class membersmore current address. The proposed Notice Settlement Administrator will be submitted responsible for taking reasonable steps, consistent with its agreed upon job parameters, Court orders, and fee, as an exhibit agreed to with Class Counsel and according to the Joint Motion following deadlines, to trace the mailing address of any Class Member for Preliminary Approval and whom a Class CertificationNotice Packet is returned by the U.S. Postal Service as undeliverable. The Notice will These reasonable steps shall include, at a minimum, the following:tracking of all undelivered mail; performing address searches in the National Change of Address database for all mail returned without a forwarding address; and promptly re-mailing to Class Members for whom new addresses are found. If the Class Notice Packet is re-mailed, the Settlement Administrator will note for its nd address of each such re-mailing as part of a weekly status report provided to the Parties.
a. A summary d) As part of its weekly status report, the Settlement Administrator will inform in Settlement it receives (including the numbers of valid and deficient), and number of objections received.
e) Not later than 10 calendar days before the date by which the Plaintiff file the motion for final approval of the substantive relief included Settlement, the Settlement Administrator will provide the Parties for filing with the Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement and detailing the Elections Not to Participate in this Agreement;
b. The Settlement it received (including the numbers of valid and deficient Elections) and objections received. Prior to the Final Approval Hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Notice to Class Members. 1After the Court enters an Order Granting Preliminary Approval of the Settlement, every Class Member will be sent the Class Notice Packet (which will include the Class Notice completed to reflect the Order Granting Preliminary Approval of the Settlement and showing the Class Member’s Settlement Share) as follows:
a. No later than 20 business days after the Court enters an Order Granting Preliminary Approval of the Settlement, Defendant will provide to the Settlement Administrator an electronic database containing each Class Member’s Class Data. If any or all of the Class Data is unavailable to Defendant, Defendant will so inform Class Counsel and the Parties will make their best efforts to reconstruct or otherwise agree upon the Class Data prior to when it must be submitted to the Settlement Administrator. This information will otherwise remain confidential and will not be disclosed to anyone, except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in section III.E.2.c., or pursuant to Defendant’s express written authorization or by order of the Court. All Class Data will be used for settlement notification and settlement administration and shall not be used for any other purpose by Class Counsel.
b. The Settlement Administrator shall update the Class Data using the National Change of Address database prior to mailing the Class Notice Packets. Using best efforts to mail it as soon as possible, and in no event later than 14 days after receiving the Class Data, the Settlement Administrator will mail the Class Notice Packets to all Class Members via first-class regular U.S. Mail using the mailing address information provided by Defendant, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement.
c. If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator will promptly, and not longer than fourteen (14) days from receipt of the returned packet, search for a more current address for the Class Member and re-mail the Class Notice Packet to the Class Member. The Parties agree Settlement Administrator will use the Class Data to cooperate in the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2find a more current address. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice Settlement Administrator will be submitted responsible for taking reasonable steps, consistent with its agreed-upon job parameters, Court orders, and fee, as an exhibit agreed to with Class Counsel and according to the Joint Motion following deadlines, to trace the mailing address of any Class Member for Preliminary Approval and whom a Class CertificationNotice Packet is returned by the U.S. Postal Service as undeliverable. The Notice will These reasonable steps shall include, at a minimum, the following:
a. A summary tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address using available email addresses, phone numbers, social security numbers, credit reports, LinkedIn, and Facebook; and promptly re-mailing to Class Members for whom new addresses are found. If the Class Notice Packet is re-mailed, the Settlement Administrator will note for its own records and notify Class Counsel and Defendant’s Counsel of the substantive relief included 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 Class Counsel and Defendant’s Counsel of the 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 Plaintiff files the motion for final approval of the Settlement, the Settlement Administrator will provide the Parties for filing with the Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement;
b. The Agreement and detailing the Elections Not to Participate in Settlement it received (including the numbers of valid and deficient Elections) and objections received. Prior to the Final Approval Hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 1After 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 Thirty (30) calendar days after entry of the Preliminary Approval Order, Defendant shall deliver to the Settlement Administrator an electronic database, which will list for each Class Member: last known addresses, telephone numbers and/or emails to the extent they are available, and social security numbers and dates worked. (“Database”). 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 Parties agree Settlement Administrator will conduct a search of the National Change of Address Database (“NOCA”) for the address of all former Defendant employee Class Members. The Database shall be based on Defendant’s payroll, personnel, and other business records. The Settlement Administrator shall maintain the Database and all data contained within the Database as private and confidential other than to cooperate in the class-notification process. Defendants agree to provide the information necessary use it to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members terms of this Agreement at Defendants’ expenseSettlement. The Settlement Administrator will maintain the Database in a commercially and reasonably secure manner, in accordance with applicable law.
2b. Within fourteen (14) calendar days after the Settlement Administrator’s receipt of the Database, the Settlement Administrator will mail the Class Notice to all identified Class Members via first-class regular U.S. Mail, using the mailing address information provided by Defendant and the results of the NOCA search performed on all former Defendant employee Class Members.
c. If a Class Notice is returned to the Settlement Administrator because of an incorrect address, within ten (10) calendar days from the Settlement Administrator’s receipt of the returned Class Notice, the Settlement Administrator will conduct a reasonable search for a more current address for the Class Member and re- mail the Class Notice to the Class Member if a more current address is identified. The Parties Settlement Administrator will jointly prepare a Notice that explains use the Agreement skip traces to class membersattempt to find the current address. The proposed Notice Settlement Administrator will be submitted responsible for taking reasonable steps to trace the mailing address of any Class Member for whom a Class Notice is returned by U.S. Postal Service as an exhibit to the Joint Motion for Preliminary Approval and Class Certificationundeliverable. The Notice will These reasonable steps shall include, at a minimum, the following:tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing
a. A summary d. Class Members may dispute the information provided in their Class Notice, 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 days to which they have been credited or the amount of their Individual Settlement Share, 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 Class Member produces evidence to the contrary, the Parties will evaluate the evidence submitted by the Class Member and will reasonably work together to make a final decision as to the number of eligible days that should be applied and/or the Individual Settlement Share to which the Class Member may be entitled. If the Parties cannot make any such final decision for whatever reason, the Parties agree to reasonably work together to develop an alternative solution for determining the number of eligible days that should be applied and/or the Individual Settlement Share to which the Class Member may be entitled, including but not limited to involvement by the Court where appropriate.
e. If any Exclusion Form received by the Settlement Administrator is incomplete or deficient, the Settlement Administrator shall immediately, and no later than five (5) calendar days upon receipt of the substantive relief included incomplete or deficient Exclusion Form, send a letter informing the Class Member of the incompleteness or deficiency and allow the Class Member fourteen (14) calendar days to provide the Settlement Administrator with a complete Class Notice or to cure the deficiency in the existing Class Notice. On the fifteenth (15th) calendar day following the expiration of the cure period, and if after the cure period the
f. The Settlement Administrator shall provide a weekly status report to the Parties and their counsel of record. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Defendant’s Counsel of the number of Class Notices and Exclusion Forms mailed, the number of Class Notices and Exclusion Forms returned as undeliverable, the number of Class Notices and Exclusion Forms re-mailed, and the number of Exclusion Forms received.
g. No later than fourteen (14) calendar days after the Response Deadline set forth in the Class Notices and Exclusion Forms, the Settlement Administrator will serve on the Parties through their counsel of record a declaration of due diligence setting forth the Settlement Administrator’s compliance with its obligations under this Agreement;
b. . The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel 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 Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 1(A) Within 15 days of the entry of the Preliminary Approval Order, Defendant’s Counsel will provide Class Counsel and the Claims Administrator the Class List in electronic form. The Parties agree to cooperate in All information provided regarding the class-notification processClass Members will be treated as confidential information by Class Counsel and the Claims Administrator. Defendants agree to provide Said information will not be used by Class Counsel or the information necessary Claims Administrator for any purpose other than to effectuate notification the terms of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expensesettlement.
2. The Parties will jointly prepare a Notice that explains (B) Within 15 days of the Agreement to class members. The proposed Notice will be submitted as an exhibit to entry of the Joint Motion for Preliminary Approval and Class Certification. The Notice will includeOrder, at a minimum, the following:
a. A summary of the substantive relief included in this Agreement;
b. The date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locations.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers by and through their expert, will provide Defendant’s Counsel and the Claims Administrator with the Consultants who received premium pay pursuant to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and HindiFDM’s records provided during discovery, and the approximate number of hours worked for which each such Consultant received such Premium Pay.
(C) Within 40 days of the entry of the Preliminary Approval Order by the Court, the Claims Administrator will mail the Notice to all Class Members, via First Class United States Mail. Prior to the initial mailing, the Claims Administrator will include an online link run all addresses through the National Change of Address database to these translationsobtain any updated addresses. For any Class Member whose Notice is nonetheless returned by the post office as undeliverable, the Claims Administrator will take all reasonable steps to obtain the correct address and shall attempt one re-mailing to any member of the Class for whom it obtains a more recent address. The Claims Administrator will notify Class Counsel and Defendant’s Counsel of any Notice sent to a 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. In the event a Notice is returned as undeliverable, the Parties will use best efforts to ensure such individual obtains the Notice by, to the extent such information is ascertainable, having Class Counsel call and/or email such Class Member.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 1. The Court has considered the proposed forms of notice including the Summary Notice and the Full Notice for the Settlement Website, (attached as Exhibits 2 and 3 to the Agreement) and Settlement Claim Form (attached as Exhibit 4 to the Agreement), and finds that the forms, content, and manner of notice proposed by the Parties agree and approved herein meet the requirements of due process and 735 ILCS § 5/2-803, are the best notice practicable under the circumstances, constitute adequate notice of the lawsuit and settlement to cooperate all persons entitled to the same. The Court approves the notice program in all respects (including the class-notification processproposed forms of notice, Summary Notice and Full Notice for the Settlement Website) and orders that notice be given in substantial conformity therewith. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members The notice program shall be completed on or about 150 days after entry of this Agreement at Defendants’ expenseOrder (the “Notice Deadline”). The costs of preparing, printing, publishing, mailing, and otherwise disseminating the notice shall be paid from the Settlement Fund in accordance with the Agreement.
2. The Parties will jointly prepare a Notice that explains At the Agreement to class members. The proposed Notice preliminary approval hearing, Class Counsel generally discussed the process by which the Settlement Class Members will be submitted as an exhibit identified for the purpose of providing notice of the class action. Based upon these representations, the Court understands that initial subpoenas to the Joint Motion for Preliminary Approval and various Class CertificationMembers’ financial institutions will be served not later than [enter date here]. The Notice This will include, at a minimum, enable class counsel to obtain the following:
a. A summary contact information of the substantive relief included in this Agreement;
b. The date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsSettlement Class Members.
3. Defendants agree In order to take make sure the following steps process moves expeditiously, and notice is provided in sufficient time for the final approval hearing, as scheduled, the Court orders that Plaintiff may serve these subpoenas via FedEx, email, or other means reasonably calculated to effectuate provide notice to the class:
a. Send subpoenaed financial institutions, which will speed up the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; process and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective postingalso minimize expenses.
4. Plaintiffs agree to take Along similar “speeding up the following steps to effectuate notice process” lines, Plaintiff submits that the subpoenas should state that any information responsive to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project subpoenas should be provided within 14 days of receipt of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counselsubpoena.
5. As for protection of any confidentiality of information responsive to the subpoenas to financial institutions, the Court notes that the Parties and credit card processor, Euronet Worldwide, Inc. (“hereinafter “Euronet”) have previously stipulated to the entry of a protective order (the “Protective Order”) to ensure the confidentiality of the Class Members’ personal and private financial information, including, but not limited to, credit or debit card transaction data and contact information. The Notice will Protective Order obligates certain persons to sign a certification of their obligations under the Protective Order. Moreover, the Claims Administrator is further instructed to ensure the protection of the information shared with them for the purpose of sending notice and mailing checks to the Class Members. The Court now orders that the provisions of the Stipulated Confidentiality and Protective Order entered on July 5, 2023, shall apply to the confidential personal or financial information collected from subpoenas to any financial institution.
6. Further, the Court orders that (a) the subpoenaed financial institutions shall provide Class Counsel the requested names, addresses, and telephone numbers, notwithstanding that the subpoenas seek documents and information to which non-party customers (e.g., the potential class members) may have a legitimate expectation and/or right of privacy pursuant to federal and state constitutions, statutes, or case law; (b) the names, addresses, and telephone numbers produced to Class Counsel by the subpoenaed financial institutions shall be translated into Chinese used only for the purposes of notifying Settlement Class Members of a settlement and Hindievaluating their claims, and shall not be disclosed to any other person other than Class Counsel, Defendant’s counsel, the settlement claims administrator, and the Notice will include an online link to these translations.Court; (c) such consumer contact information shall be destroyed within ten
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 1After the Court enters an Order Granting Preliminary Approval of the Settlement, every Class Member will be sent the Class Notice Packet (which will include the Class Notice completed to reflect the Order Granting Preliminary Approval of the Settlement and Settlement Share) as follows:
a. No later than 14 days after the Court enters an Order Granting Preliminary Approval of the Settlement, Defendant will provide to the Settlement Administrator an electronic database containing each unavailable to Defendant, Defendant 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. This information will otherwise remain confidential and will not be disclosed to anyone, except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in section III.E.2.c., or pursuant to Defendant s express written authorization or by order of the Court. All Class Data will be used for settlement notification and settlement administration and shall not be used for any other purpose by Class Counsel.
b. The Settlement Administrator shall update the Class Data using the National Change of Address database prior to mailing the Class Notice Packets. Using best efforts to mail it as soon as possible, and in no event later than 14 days after receiving the Class Data, the Settlement Administrator will mail the Class Notice Packets to all Class Members via first-class regular U.S. Mail using the mailing address information provided by Defendant, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement.
c. If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator will promptly, and not longer than five (5) days from receipt of the returned packet, search for a more current address for the Class Member and re-mail the Class Notice Packet to the Class Member. The Parties agree Settlement Administrator will use the Class Data and otherwise work with Defendant to cooperate in the class-notification process. Defendants agree to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2find a more current address. The Parties will jointly prepare a Notice that explains the Agreement to class members. The proposed Notice Settlement Administrator will be submitted responsible for taking reasonable steps, consistent with its agreed-upon job parameters, Court orders, and fee, as an exhibit agreed to with Class Counsel and according to the Joint Motion following deadlines, to trace the mailing address of any Class Member for Preliminary Approval and whom a Class CertificationNotice Packet is returned by the U.S. Postal Service as undeliverable. The Notice will These reasonable steps shall include, at a minimum, the following:
a. A summary tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address using available email addresses, phone numbers, social security numbers, credit reports, LinkedIn, and Facebook; and promptly re-mailing to Class Members for whom new addresses are found. If the Class Notice Packet is re-mailed, the Settlement Administrator will note for its own records and notify Class Counsel and Defendant s Counsel of the substantive relief included 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 Class Counsel and Defendant s Counsel of the 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 Plaintiff files the motion for final approval of the Settlement, the Settlement Administrator will provide the Parties for filing with the Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement;
b. The Agreement and detailing the Elections Not to Participate in Settlement it received (including the numbers of valid and deficient Elections) and objections received. Prior to the Final Approval Hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Class Members. 1(A) Within fifteen calendar (15) days of the entry of the Preliminary Approval Order, Defendant will provide to the Settlement Administrator and Class Counsel a list of all Class Members containing each of their names, dates of employment as a Sales Associate, wage rate(s), store location(s), status as full or part-time employee, and last known addresses. The Parties agree Such information shall be treated by Class Counsel as confidential pursuant to cooperate the Protective Order entered in this Litigation and may be shared or divulged only to the class-notification process. Defendants agree to provide the information extent necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members settlement of this Lawsuit. The data provided by Defendant to the Settlement Administrator pursuant to this Agreement at Defendants’ expense(other than address information) shall be conclusively presumed to be accurate.
(B) Promptly following the Court’s entry of the Preliminary Approval Order, the Settlement Administrator shall prepare final versions of the following documents, incorporating into the documents the relevant dates and deadlines set forth in the Court’s Order: (1) a Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing in the form attached as Exhibit B; and (2) an Opt-Out Statement in the form attached as Exhibit C.
(C) Within ten calendar days (10) days of Defendant’s delivery of the information referenced in Section 2.4(A), the Settlement Administrator will mail to all Class Members, via First Class United States Mail, postage prepaid, and keep a written record of the date(s) of such mailing, final versions of the documents referenced in Section 2.4(B). The Parties date of such mailing shall be referred to as the “Initial Mailing Deadline.”
(D) The Settlement Administrator and Class Counsel will jointly prepare a Notice that explains take all reasonable steps to obtain the Agreement to class memberscorrect address of any Class Members for whom the documents referenced in Section 2.4(B) are returned by the post office as undeliverable. The proposed Notice Settlement Administrator will be submitted as an exhibit to the Joint Motion for Preliminary Approval notify Defendant’s Counsel and Class Certification. The Notice will includeCounsel of any such materials sent to a Class Member that are returned as undeliverable after the first mailing, at a minimum, the following:
a. A summary of the substantive relief included as well as any such materials returned as undeliverable after any subsequent mailing(s) as set forth in this Agreement;
b. The date . For any Class Member whose mailing is returned as undeliverable for which Class Counsel and the Settlement Administrator are unable to locate an alternative address, Defendant shall inform Class Counsel of any known alternate addresses or other contact information for attempted re-mailings. All such Class Member personal information will be treated as confidential information pursuant to the Protective Order in this Litigation. In no event shall the Settlement Administrator attempt re-mailings of the Fairness Hearing with a clear statement that documents referenced in Section 2.4(B) to any Class member more than 40 calendar days after the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsInitial Mailing Deadline.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. 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, Defendant shall deliver to the Settlement Administrator the following information about each Class Member’s: (1) first and last name; (2) last known mailing address; (3) social security number; (4) hire and termination dates; and (5) the total number of weeks during which the Class Member performed any actual work during the Class Period as a member of the Class (“collectively “Class List”). If any or all 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 Parties agree Settlement Administrator will conduct a skip trace for the address of all former Defendant employee Class Members. The Settlement Administrator shall maintain the Class List and all data contained within the Class List as private and confidential. This provision will not impede Class Counsel’s ability to cooperate discharge fiduciary duties, including effectuating the terms of this settlement.
b. The Settlement Administrator shall run all the addresses on the Class List through the United States Postal Service NCOA database (which provides updated addresses for any individual who has moved in the classprevious four years who has notified the
c. If a Notice Packet is returned because of an incorrect address, within ten (10) days from receipt of the returned Notice Packet, the Settlement Administrator will conduct a search for a more current address for the Class Member and re-notification process. Defendants agree mail the Notice Packet to provide the information necessary to effectuate notification of class members for objection purposes. Plaintiffs’ Counsel agrees to cooperate with Defendants in notifying the class members of this Agreement at Defendants’ expense.
2Class Member. The Parties Settlement Administrator will jointly prepare 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 that explains the Agreement to class membersPacket is returned by U.S. Postal Service as undeliverable. The proposed Notice will be submitted as an exhibit to the Joint Motion for Preliminary Approval and Class Certification. The Notice will These reasonable steps shall include, at a minimum, the following: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 their Response Deadline to postmark an Exclusion Form, or mail an objection to the Settlement extended by ten (10) calendar days from the original Response Deadline. The Settlement Administrator shall mark on the envelope whether the Notice Packet is a re-mailed notice.
a. A summary d. 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 Administrator showing that such information is inaccurate. Absent evidence rebutting Defendant’s records, Defendant’s records will be presumed determinative. However, if a Class Member produces evidence to the contrary, the Parties will evaluate the evidence submitted by the Class Member and will make the final decision as to the number of eligible weeks that should be applied and/or the Individual Settlement Share to which the Class Member may be entitled.
e. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the substantive relief included in deficiency and allow fourteen (14) days to cure the
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 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 Exclusion Forms 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;
b. . The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel 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 Fairness Hearing with a clear statement that the date may change without further notice to the Class;
c. The procedure and deadline for submitting objections to the Agreement, as set forth below;
d. Contact information for Plaintiffs’ Counsel to answer questions;
e. The address for Plaintiffs’ Counsel’s website with links to relevant documents in the case; and
f. Instructions on how to access the case docket via PACER or in person at the Court’s locationsfiling of its prior declaration.
3. Defendants agree to take the following steps to effectuate notice to the class:
a. Send the full Notice in paper form to class members as follows: (i) for class members with an application for immigration benefits currently pending with DHS, to the address on record for the pending application; (ii) for class members with no application for immigration benefits currently pending with DHS, to the last address a class member provided to DHS on Form AR-11, unless the class member has departed the United States; and (iii) if the class member is or has been in removal proceedings, the latest address of the class member on file with the Executive Office for Immigration Review (“EOIR”);
b. Send the full Notice in paper form to the addresses on file with Defendants for the most recent legal representatives of every class member in matters before DHS, DOS, and EOIR, in compliance with statutory and regulatory confidentiality provisions;
c. Send the full Notice in electronic form to the email address(es) of a class member and legal representative (if any) that appear in: (i) SEVIS records or myUSCIS account records; and (ii) DOS electronic visa applications;
d. Post the full Notice on the websites for DHS, USCIS, ICE, DOS, and DOE; and
e. Post an announcement on the main social media accounts of DHS, USCIS, ICE, and DOE, with a link to each agency’s respective posting.
4. Plaintiffs agree to take the following steps to effectuate notice to the class:
a. Distribute the full Notice to trade publications that represent noncitizens, including the American Immigration Lawyers Association (“AILA”), American Immigration Council (“AIC”), the National Immigration Project of the National Lawyers Guild (“NIPNLG”), Immigrants’ List, and other immigration-related nonprofit organizations known to Plaintiffs’ Counsel;
b. Post the full Notice on the website of Plaintiffs’ Counsel;
c. Post an announcement on all social media accounts of Plaintiffs’ Counsel, directing readers to the appropriate website posting; and
d. Send the full Notice in electronic form to all class members and legal representatives of class members known to Plaintiffs’ Counsel.
5. The Notice will be translated into Chinese and Hindi, and the Notice will include an online link to these translations.
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Samples: Settlement Agreement