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) date of hire and termination date or last date of work as a non-exempt employee; 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 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 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 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-mail the Notice Packet to the Class Member. The Settlement Administrator will use the National Change of Address Database and skip traces to attempt to find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Member for whom a Notice Packet is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members for whom new addresses are found. If the Settlement Administrator is unable to locate a better address, the Notice Packet shall be re-mailed to the original address. If the Notice Packet is re-mailed, the Settlement Administrator will note for its own records the date and address of each re-mailing. Those Class Members who receive a re-mailed Notice Packet, whether by skip-trace or forwarded mail, will have 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. 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 e. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. However, any cure period will not extend the Response Deadline. 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. 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. 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 filing of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. After the Court enters its Order Granting Preliminary Approval Orderof the Settlement, every Class Member will be provided with sent the Class Notice Packet in accordance with (which will include the following procedure:Class Notice completed to reflect the Order Granting Preliminary Approval of the
a. Within twenty-one (21) No later than 14 calendar days after entry the Court enters its Order Granting Preliminary Approval of the Preliminary Approval OrderSettlement, Defendant shall deliver will provide to the Settlement Administrator the following information about with each Class Member’s: (1) first and last name; (2) last known mailing address; (3) social security number; (4) date of hire and termination date or last date of work as a non-exempt employee; 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”)Data. If any or all this information of the Class Data is unavailable to Defendant, Defendant will so inform Class Counsel and the Parties will make their best efforts to reconstruct or otherwise agree upon how the Class Data prior to deal with when it must be submitted to the unavailable information. The Settlement Administrator will conduct a skip trace for the address of all former Defendant employee Class MembersAdministrator. The Settlement Administrator shall maintain update addresses using the National Change of Address database. This information will otherwise remain confidential and will not be disclosed to anyone (including Class Counsel, Plaintiff, or any other Class Members), except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in this 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 List and all data contained within the Class List as private and confidential. This provision will Data shall not impede be disclosed to Class Counsel’s ability to discharge fiduciary duties, including effectuating Plaintiff, or any other Class Members without the terms written consent of this settlementDefendant.
b. The 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 shall run all the addresses on will mail the Class List through Notice Packets to all Class Members via first-class regular U.S. Mail using the United States Postal Service NCOA database (which provides mailing address information provided by Defendant, unless modified by any updated addresses for any individualaddress 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, within ten (10) the Settlement Administrator will promptly, and not longer than 10 calendar days from receipt of the returned Notice Packetpacket, the Settlement Administrator will conduct a 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 Settlement Administrator will use the National Change of Address Database Class Data and skip traces otherwise work with Defendant to attempt to find the locate a more current address. The Settlement Administrator will be responsible for taking reasonable steps steps, consistent with its agreed upon job parameters, Court orders, and fee, as agreed to with Class Counsel and according to the following deadlines, to trace the mailing address of any Class Member for whom a Class Notice Packet is returned by the U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the 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 Settlement Administrator is unable to locate a better address, the Class Members for whom Class Notice Packet shall be re-mailed Packets are remailed will have an additional 14 calendar days added to the original addressresponse deadline. If the Class Notice Packet is re-mailed, the Settlement Administrator will note for its own records and notify Class Counsel and Counsel of the date and address of each such 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.
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 mailing as part 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
e. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. However, any cure period will not extend the Response Deadline. 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.
f. The Settlement Administrator shall provide a weekly status report provided to the Parties. 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 Class Member.
d. As part of its weekly status report, the Settlement Administrator will inform Class Counsel and Counsel for Defendant of the number of Notice Packets mailedElections Not to Participate in Settlement it receives (including the numbers of valid and deficient), the and number of Notice Packets returned as undeliverable, the number of Notice Packets re-mailed, and the number of Exclusion Forms objections received.
g. No e. Not later than fourteen (14) 5 calendar days after before the Response Deadlinedate by which Plaintiff must file the motion for final approval of the Settlement, the Settlement Administrator will serve on provide the Parties for filing with the Court a declaration of due diligence setting forth its compliance with its obligations under this AgreementAgreement and detailing the Elections Not to Participate in Settlement it received (including the numbers of valid and deficient Elections) and objections received. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than ten (10) calendar days before Prior to the Final Approval hearing. Before the Final Approval hearingHearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the filing of its prior declaration.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. After 1. FCA US will retain the Court enters services of Xxxx Administration for purposes of mailing a Class Notice substantially in the form attached hereto as Exhibit A-1, and for purposes of setting up and maintaining a website where a long-form notice (substantially in the form attached hereto as Exhibit A-2), a copy of this Settlement Agreement, the operative complaint, and additional information about the litigation and settlement can be obtained by Class Members. The Class Notice will include the address of the settlement website, as well as a toll-free number for an interactive voice recording service where Class Members can leave a request for a paper copy of the long-form notice.
2. For purposes of mailing Class Notice, FCA US shall determine the name and most current mailing address of all Class Members who can be reasonably identified from its Preliminary Approval Orderrecords or records reasonably available to it, every Class Member will be provided with the Notice Packet in accordance with the following procedure:
a. Within twenty-one and shall provide such information to Xxxx Administration within thirty (2130) calendar days after of entry of the Preliminary Approval Order. Xxxx Administration shall, Defendant shall deliver to the Settlement Administrator the following information about within 30 days of receiving such information, mail each Class Member’s: (1) first and last name; (2) last known mailing address; (3) social security number; (4) date of hire and termination date or last date of work as a non-exempt employee; and (5) the total number of weeks during which the identified Class Member performed any actual work during a Class Notice substantially in the Class Period form attached hereto 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 informationExhibit A-1.
3. The Settlement Administrator will conduct a skip trace Parties agree that the names and addresses provided to Xxxx Administration shall not be used for any purpose other than for providing the address of all former Defendant employee Class Members. The Settlement Administrator written notice identified herein, and that such names and addresses shall maintain the Class List and all data contained within the Class List be treated as private and confidential information and not disseminated, in any manner, to anyone other than the attorneys of record in the Litigation and Xxxx Administration. The Parties agree to seek entry of an order by the Court mandating that FCA US provide the names and addresses to Xxxx Administration, and that such information be treated as private, confidential. This provision will not impede Class Counsel’s ability to discharge fiduciary duties, including effectuating the terms of this settlementand proprietary.
b. The Settlement Administrator 4. Xxxx Administration shall run all the addresses on the Class List through the United States Postal Service NCOA database (which provides updated addresses for any individual
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-mail the Notice Packet diligently report to the Class Member. The Settlement Administrator will use the National Change of Address Database and skip traces to attempt to find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Member for whom a Notice Packet is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members for whom new addresses are found. If the Settlement Administrator is unable to locate a better address, the Notice Packet shall be re-mailed to the original address. If the Notice Packet is re-mailed, the Settlement Administrator will note for its own records the date and address of each re-mailing. Those Class Members who receive a re-mailed Notice Packet, whether by skip-trace or forwarded mail, will have 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.
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 Parties the number of weeks notices originally mailed 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
e. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. However, any cure period will not extend the Response Deadline. 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.
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 mailedMembers, the number of Notice Packets notices initially returned as undeliverable, the number of Notice Packets re-mailedadditional notices mailed after an advanced address search, and the number of Exclusion Forms receivedthose additional notices returned as undeliverable.
g. 5. No later than fourteen (14) calendar days after the Response Deadline, the Settlement Administrator will serve on the Parties a declaration of due diligence setting forth its compliance with its obligations under this Agreement. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than ten (10) calendar days before the Final Approval hearing. Before the Final Approval hearing, Court hearing on final approval of the Settlement Administrator will supplement its declaration Agreement, FCA US shall provide an affidavit for the Court, with a copy to Class Counsel, attesting that notice was disseminated in a manner consistent with the terms of due diligence if any material changes occur from this Settlement Agreement, or as otherwise required by the date Court.
6. Within ten (10) days after the Settlement Agreement is filed with the Court, FCA US shall comply with the notice provisions of the filing Class Action Fairness Act, 28 U.S.C. § 1715.
7. FCA US shall bear all costs and expenses reasonably incurred for providing notice to the Class, complying with 28 U.S.C. § 1715, and administering the relief being provided to Class Members under the terms of its prior declarationthis Settlement Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. After 40. The Parties agree the Court enters its Preliminary Approval Order, every Class Member will following Notice Program provides reasonable notice to the Settlement Class.
41. Direct Notice shall be provided with to Settlement Class Members via Email Notice for Settlement Class Members for whom the Notice Packet in accordance with Settlement Administrator has a valid email address and otherwise by U.S. Mail for Settlement Class Members for whom the following procedure:Settlement Administrator has a valid address.
a. 42. Within twenty-one thirty (2130) calendar days after Days of the entry of the Preliminary Approval Order, Defendant shall deliver to provide the Settlement Administrator with the following information about each Class Member’s: (1) first names and last name; mailing and email addresses known to Defendant for the Settlement Class Members (2) last known mailing address; (3) social security number; (4) date of hire and termination date or last date of work as a non-exempt employee; 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 Settlement Administrator will conduct shall, by using the National Change of Address database maintained by the United States Postal Service (the “Postal Service”), obtain updates, if any, to the mailing addresses.
43. Within sixty (60) Days following entry of the Preliminary Approval Order (“Notice Date”), the Settlement Administrator shall email and/or mail the Postcard Notice to all Settlement Class Members for whom a skip trace for the valid address of all former Defendant employee Class Membersis available. The Settlement Administrator shall maintain mail a Claim Form to Settlement Class Members upon written or telephonic request. The Claim Form will also be available on the Settlement Website.
a. Defendant shall provide the Class List and all data contained within to the Class List as private and confidentialSettlement Administrator only for the purposes of settlement administration. This provision will not impede Class Counsel’s ability to discharge fiduciary duties, including effectuating the terms of this settlement.
b. The Settlement Administrator shall run all the addresses on not provide the Class List through to Class Counsel. Class Counsel's assent to this Agreement shall constitute consent on behalf of the United States Settlement Class to disclose this information.
44. For any email addresses reported as invalid, the Settlement Administrator shall provide Postcard Notice. On a rolling basis, the Settlement Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for whom the Settlement Administrator receives returned mail from the U.S. Postal Service NCOA database (which provides updated addresses for indicating that the initial mailing was not delivered. Other than as set forth above, neither the Parties nor the Settlement Administrator shall have any individualother obligation to re-mail Postcard Notices.
c. If a Notice Packet is returned because of an incorrect address, within ten (10) days from receipt 45. The mailed notice will consist of the returned Postcard Notice Packetsubstantially in the form of Exhibit C. The Settlement Administrator shall have discretion to format this Postcard Notice in a reasonable manner to minimize mailing and administrative costs. Before the mailing of the Postcard Notice is commenced, Class Counsel and Defendant's Counsel shall first be provided with a proof copy (including what the items will look like in their final form) and shall have the right to inspect the same for compliance with the Settlement Agreement and the Court's orders.
46. No later than forty-five (45) Days following entry of the Preliminary Approval Order, and prior to the mailing of the Postcard Notice to all Settlement Class Members, the Settlement Administrator will conduct create a search for a more current dedicated Settlement Website with the URL/domain name of the website address for to be agreed upon by 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 skip traces to attempt to find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Member for whom a Notice Packet is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members for whom new addresses are found. If the Settlement Administrator is unable to locate a better address, the Notice Packet shall be re-mailed to the original address. If the Notice Packet is re-mailed, the Settlement Administrator will note for its own records the date and address of each re-mailing. Those Class Members who receive a re-mailed Notice Packet, whether by skip-trace or forwarded mail, will have 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 Deadlineparties. The Settlement Administrator shall mark cause the Complaint, Long-Form Notice, Claim Form, this Settlement Agreement, and other relevant settlement and court documents to be available on the envelope whether Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by counsel for the Parties. The website address and the fact that a more detailed Long-Form Notice are available through the website shall be included in the Postcard Notice. A toll-free number with interactive voice response, FAQs, and an option to speak to a live operator shall also be made available to address Settlement Class Members' inquiries.
47. The Settlement Website shall be maintained from the Notice Packet is a re-mailed noticeDate until one hundred twenty (120) Days after the Effective Date.
d. Class Members may dispute the information provided in their 48. The Notice Packet, but must do so in writing, via first class mail, and it must Program shall be postmarked subject to approval by the Response DeadlineCourt as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedure.
49. To The Long Notice and Short-Form Notice approved by the extent Class Members dispute Court may be adjusted by the number of weeks to which they have been credited or Settlement Administrator, respectively, in consultation with and agreement by the amount of their Individual Settlement ShareParties, Class Members must produce evidence as may be reasonable and necessary and not inconsistent with such approval.
50. Prior 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
e. If any Exclusion Form received is incomplete or deficientFinal Approval Hearing, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days provide to cure the deficiency. However, any cure period will not extend the Response Deadline. 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.
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 to file with 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. The Court an appropriate affidavit or declaration from the Settlement Administrator shall also be filed concerning compliance with the Court by Class Counsel no later than ten Court-approved Notice Program.
51. The Notice Program shall commence within sixty (1060) calendar days before the Final Approval hearing. Before the Final Approval hearing, the Settlement Administrator will supplement its declaration Days of due diligence if any material changes occur from the date entry of the filing Preliminary Approval Order and shall be completed within ninety (90) Days of its prior declarationthe Preliminary Approval Order, except as otherwise specifically provided above.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Class Members. After Plaintiffs will request that the Court enters its Preliminary Approval Orderapprove the proposed Settlement Notice, every attached to this Agreement as Exhibit A, and the proposed Claim Form, attached to this Agreement as Exhibit B. Defendant will not oppose such requests. The Court-approved Settlement Notice will inform Class Member Members about this Agreement and will be provided with also advise them of the Notice Packet in accordance with opportunity to object, opt out, file a Claim Form, and/or appear at the following procedure:
a. Fairness Hearing. Within twenty-one ten (2110) calendar days after of the entry of the Preliminary Approval OrderOrder by the Court or as otherwise ordered by the Court, Defendant shall deliver to the Settlement Administrator will mail to all Class Members, via First Class U.S. Mail, the following information about each Class Member’s: (1) first Court-approved Settlement Notices and last name; (2) last known mailing address; (3) social security number; (4) date of hire and termination date or last date of work as a non-exempt employee; 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 informationClaim Forms. The Settlement Administrator will conduct take all reasonable steps necessary to obtain the correct address of every Class Member, including a skip trace trace, and shall attempt a re-mailing to any Class Member for whom the address of all former Defendant employee Settlement Administrator obtains a more recent address, thereby fully satisfying the notice obligation to the Class Members. The Settlement Administrator shall maintain the also mail a Settlement Notice and Claim Form to any Class List and all data contained within the Class List as private and confidential. This provision will not impede Class Counsel’s ability to 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
c. If a Notice Packet is returned because of an incorrect address, within ten (10) days from receipt of the returned Notice Packet, Member who contacts the Settlement Administrator will conduct a search for a more current address for or Class Counsel during the Class Member time period between the initial mailing of the Settlement Notice and the Bar Date and requests that their Settlement Notice and Claim Form be re-mail the Notice Packet to the Class Membermailed. The Settlement Administrator will use the National Change of Address Database notify Class Counsel 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 Defendant’s Counsel of any Class Member for whom a Settlement Notice Packet is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing Claim Form sent 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.
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 that is returned as to the number of eligible weeks that
e. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. However, any cure period will not extend the Response Deadline. If undeliverable after the cure period the Exclusion first mailing, as well as any such Settlement Notice and Claim 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.
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 (14undeliverable after any subsequent mailing(s) calendar days after the Response Deadline, the Settlement Administrator will serve on the Parties a declaration of due diligence setting as set forth its compliance with its obligations under in 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. Before the Final Approval hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the filing of its prior declaration.
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 Class 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 the Class Data 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) date of hire and termination date or last date of work as a non-exempt employee; 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”)Administrator. If any or all this of the 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 .
b. Upon receipt of the Class Data, the Settlement Administrator will conduct perform a skip trace for search based on the National Change of Address Database to update and correct any known or identifiable address of all former Defendant employee Class Memberschanges. The Settlement Administrator shall maintain the Class List and all data contained within the Class List Data as private and confidentialconfidential and take reasonable and necessary precautions to maintain the confidentiality of the Class Data. This provision will not impede Class Counsel’s ability to discharge fiduciary duties, including effectuating the terms of this settlement.
b. The Settlement Administrator shall run all the addresses on not distribute or use the Class List through the United States Postal Service NCOA database (which provides updated addresses Data or any information contained therein for any individualpurpose other than to administer this Settlement.
c. Within fourteen (14) calendar days after Defendant’s deadline to provide the Class Data to the Settlement Administrator, the Settlement Administrator will mail the Class Notice to all identified Class Members via first-class regular U.S. Mail.
d. If a Class Notice Packet is returned because of an incorrect address, within ten (10) days from receipt of the returned Notice PacketClass Notice, the Settlement Administrator will conduct a search for a more current address for the Class Member and re-mail the Class Notice Packet to the Class Member. The Settlement Administrator will use the National Change of Address Database and skip traces to attempt to find the current address. The Settlement Administrator will be responsible for taking reasonable steps to trace the mailing address of any Class Member for whom a Class Notice Packet is returned by U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly re-mailing to Class Members for whom new addresses are found. If the Settlement Administrator is unable to locate a better address, the Notice Packet shall be re-mailed to the original address. If the Notice Packet is re-mailed, the Settlement Administrator will note for its own records the date and address of each re-mailing. Those Class Members who receive a re-mailed Notice Packet, whether by skip-trace or forwarded mail, will have 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.shall
d. e. Class Members may dispute the information provided in their Notice PacketClass 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 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 thatthat should be applied and/or the Individual Settlement Share to which the Class Member may be entitled.
e. f. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. However, any cure period will not extend the Response Deadline. 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.
f. 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 Defendant’s 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. 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 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 filing of its prior declaration.
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Samples: Settlement Agreement
Notice to Class Members. After the Court enters its an Order Granting Preliminary Approval Orderof the Settlement, every Class Member will be provided with sent the Class Notice Packet in accordance with (which will include the following procedureClass Notice completed to reflect the Order Granting Preliminary Approval of the Settlement and showing the Class Member’s Settlement Share) as follows:
a. Within twenty-one No later than thirty (2130) calendar business days after entry the Court enters an Order Granting Preliminary Approval of the Preliminary Approval OrderSettlement, Defendant shall deliver will provide to the Settlement Administrator the following information about each Class Member’s: (1) first and last name; (2) last an electronic database containing known mailing address; (3) social security number; (4) date of hire and termination date or last date of work as a non-exempt employee; and (5) the total number of weeks during which the Class Member performed any actual work during Data. The Settlement Administrator shall not provide the Class Period as a member of the Data to Class (collectively “Class List”)Counsel absent express authorization from Defendant. If any or all this information the Class Data is unavailable to Defendant, Defendant will so inform Class Counsel and the Parties will make their best efforts to reconstruct or otherwise agree upon how to deal with the unavailable information. The 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 Data prior to when it must be submitted to the Class List as private and confidentialSettlement Administrator. This provision information will otherwise remain confidential and will not impede be disclosed to anyone, except as required to applicable taxing authorities, 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’s ability to discharge fiduciary duties, including effectuating the terms of this settlement.
b. The Settlement Administrator shall run all the addresses on update the Class List through Data using the United States Postal Service NCOA database prior to mailing the Class Notice Packets. Using best efforts to mail it as soon as possible, and in no event later than fourteen (which provides 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 addresses for any individualaddress information that the Settlement Administrator obtains during administration of the Settlement.
c. If a Class Notice Packet is returned because of an incorrect address, within ten the Settlement Administrator will promptly, and not longer than fourteen (1014) calendar days from receipt of the returned Notice Packetpacket, the Settlement Administrator will conduct a search for a more current address for the Class Member and re-mail remail the Class Notice Packet to the Class Member. The Settlement Administrator will use the National Change of Address Database and skip traces to attempt Class Data to find the a more current address. The Settlement Administrator will be responsible for taking reasonable steps steps, consistent with its agreed- upon job parameters, Court orders, and fee, as agreed to with Class Counsel and according to the following deadlines, to trace the mailing address of any Class Member for whom a Class Notice Packet is returned by the U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, : (i) the tracking of all undelivered mail; (ii) performing address searches for all mail returned without a forwarding addressaddress using available email addresses, phone numbers, Social Security Numbers, credit reports, LinkedIn, and Facebook; and (iii) promptly re-mailing remailing 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 Class Notice Packet is re-mailedremailed, the Settlement Administrator will note for its own records and notify the Parties’ counsel of the date and address of each re-mailingsuch remailing as part of a weekly status report provided to the Parties. Those Class Members who receive a re-mailed remailed Class Notice PacketPackets, whether by skip-skip trace or forwarded mail, will have their Response Deadline deadline to postmark an Exclusion Formexclusion request, or mail an objection to the Settlement objection, and dispute 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 noticesixty (60) calendar day deadline.
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
e. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. However, any cure period will not extend the Response Deadline. 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.
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 the Parties’ counsel of the number of Notice Packets mailedElections Not to Participate in Settlement it receives (including the numbers of valid and deficient), the and number of Notice Packets returned as undeliverable, the number of Notice Packets re-mailed, and the number of Exclusion Forms objections received.
g. e. No later than fourteen ten (1410) calendar days after before the Response Deadlinedate by which Plaintiff files the motion for final approval of the Settlement, the Settlement Administrator will serve on provide the Parties for filing with the Court a declaration of due diligence setting forth its compliance with its obligations under this AgreementAgreement and detailing the Elections Not to Participate in Settlement it received (including the numbers of valid and deficient Elections) and objections received. The declaration from the Settlement Administrator shall also be filed with the Court by Class Counsel no later than ten (10) calendar days before Prior to the Final Approval hearing. Before the Final Approval hearingHearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the filing of its prior declaration.
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Notice to Class Members. After (A) Within five (5) days of the Court enters its Court’s issuance of a Preliminary Approval Order, every but in no event prior to August 6, 2014, Defendant will provide the Settlement Claims Administrator, in electronic form, for all Class Member will be provided with the Notice Packet in accordance with Members the following procedure:
a. Within twenty-one (21) calendar days after entry of the Preliminary Approval Orderinformation: name, 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) addresses, social security number; numbers, dates of employment, job titles with dates, and workweeks within the applicable liability periods set forth in paragraphs 1.14, and 1.27 (4) date of hire and termination date or last date of work as a non-exempt employee; A), (B), and (5C) the total number of weeks during which the Class Member performed any actual work during the Class Period above as a member of the Class that information exists on file with Defendant (collectively “Class List”). If any The Class List and the data and information contained in the Class List shall not be disclosed to Class Counsel, the Plaintiffs, or all this information is unavailable anyone else external to the Settlement Claims Administrator without the written consent of Defendant. Prior to the provision of the Class List, the Settlement Claims Administrator shall execute an agreement, in a form acceptable to Defendant, Defendant will so inform Class Counsel and not to use or disclose the Parties will make their best efforts to reconstruct or otherwise agree upon how to deal with the unavailable information. The Settlement Administrator will conduct a skip trace for the address of all former Defendant employee Class Members. The Settlement Administrator shall maintain information from the Class List and all data contained within except as is necessary to perform the Class List as private and confidential. This provision will not impede Class Counsel’s ability to discharge fiduciary duties, including effectuating services required of the terms of Settlement Claims Administrator under this settlementStipulation.
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
c. If a Notice Packet is returned because of an incorrect address, within B) Within ten (10) days from of the receipt of the returned Notice PacketClass List, or as soon thereafter as practicable, the Settlement Claims Administrator will conduct a search for a more current address for mail to all Rule 23 Class Members, via First Class United States Mail, postage prepaid, the Court-approved Notice of Settlement of Class and Collective Action Lawsuit and Fairness Hearing.
(C) Within ten (10) days of the receipt of the Class Member List, or as soon thereafter as practicable, the Settlement Claims Administrator will mail to all FLSA Class Members who are not also Rule 23 Class Members, via First Class United States Mail, postage prepaid, the Court-approved Notice of Settlement of Collective Action Lawsuit and re-mail the Notice Packet to the Class Member. Fairness Hearing.
(D) The Settlement Claims Administrator will use the National Change of Address Database and skip traces to attempt to find the current address. The Settlement Administrator will be responsible for taking take reasonable steps to trace obtain the mailing correct address of any Class Member Members for whom a Notice Packet is returned by U.S. Postal Service the post office as undeliverable. These reasonable steps undeliverable and shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly attempt 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.
d. Class Members may dispute the information provided mailings as described 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
e. If any Exclusion Form received is incomplete or deficient, the Settlement Administrator shall send a letter informing the Class Member of the deficiency and allow fourteen (14) days to cure the deficiency. However, any cure period will not extend the Response Deadline. 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.
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. The declaration from the Settlement Claims Administrator shall also be filed with the Court by will notify Class Counsel no later than ten (10and 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) calendar days before the Final Approval hearing. Before the Final Approval hearing, the Settlement Administrator will supplement its declaration of due diligence if any material changes occur from the date of the filing of its prior declarationas set forth in this Agreement.
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Notice to Class Members. After A. Plaintiffs’ Counsel will provide the Court enters its Preliminary Approval Order, every Settlement Claims Administrator with a copy of the Court-Approved Notice and information about the Class Member will be Members which was provided with by Defendants.
B. Before mailing the Notice Packet in accordance with the following procedure:
a. Within twenty-one (21) calendar days after entry of the Preliminary Approval Orderand Claim Form, Defendant shall deliver to the Settlement Claims Administrator will use best efforts, including without limitation publicly available databases, to determine the following information about current mailing address for each Class Member’s: (1) first and last name; (2) last known mailing address; (3) social security number; (4) date .
C. If the Parties are aware of hire and termination date or last date of work as a non-exempt employee; and (5) the total number of weeks during which the putative Class Member performed having a pending action against any actual work during Defendant at the Class Period as time the Settlement Agreement is executed, then in addition to mailing a member copy of the Class (collectively “Class List”). If any or all this information is unavailable to Defendant, Defendant will so inform Class Counsel Notice and the Parties will make their best efforts Claim Form to reconstruct or otherwise agree upon how to deal with the unavailable information. The Settlement Administrator will conduct a skip trace for the address of all former Defendant employee putative 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 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
c. If a Notice Packet is returned because of an incorrect address, within ten (10) days from receipt of the returned Notice PacketMember, the Settlement Claims Administrator shall also send a copy of the Notice to the attorney representing such individual in the action. Each Party will advise the others of any such persons with pending actions of which they are aware.
D. Within fifteen (15) days of Preliminary Approval, the Settlement Claims Administrator will conduct mail a search for a more current address for the Class Member and re-mail copy of the Notice Packet to the all Class Member. Members via First Class United States Mail, postage prepaid.
E. The Settlement Claims Administrator will use take reasonable steps, including running a check through credit and government databases, to obtain 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 correct address of any Class Member Members for whom a Notice Packet is returned by U.S. Postal Service the post office as undeliverable. These reasonable steps undeliverable and shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address; and promptly attempt 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 Deadlinemailing(s). The Settlement Claims Administrator shall mark on the envelope whether the will notify Plaintiffs’ Counsel of any Notice Packet is a re-mailed notice.
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 sent 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 that is returned as undeliverable after the contraryfirst mailing, the Parties will evaluate the evidence submitted by the Class Member and will make the final decision as to the number of eligible weeks thatwell as any such Notice returned as undeliverable after any subsequent mailing(s) as set forth in this Agreement.
e. If any Exclusion Form received is incomplete or deficient, the F. The Settlement Claims Administrator shall send a letter informing the Class Member keep accurate records of the deficiency and allow fourteen (14) days dates on which it sends Notices to cure the deficiency. However, any cure period will not extend the Response Deadline. 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 SettlementMembers.
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. 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 filing of its prior declaration.
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