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Common use of Notice to Class Members Clause in Contracts

Notice to Class Members. 9. The record shows and the Court finds that notice has been given to the Class in the manner approved by the Court in its Preliminary Approval Order (Dkt. No. ). The Court finds that such notice: (i) constitutes reasonable and the best practicable notice to Class Members under the circumstances of the Action; (ii) constitutes notice that was reasonably calculated, under the circumstances, to apprise Class Members of the pendency of the Action and the terms of the Settlement Agreement, their right to exclude themselves from the Class or to object to any part of the Settlement Agreement, their right to appear at the Fairness Hearing (either on their own or through counsel hired at their own expense) and the binding effect of the orders and Final Order and Final Judgment in the Action, whether favorable or unfavorable, on all persons who do not exclude themselves from the Class, (iii) constitutes due, adequate, and sufficient notice to all persons or entities entitled to receive notice; and (iv) fully satisfied the requirements of the United States Constitution (including the Due Process Clause), FED. R. CIV. P. 23 and any other applicable law as well as complying with the Federal Judicial Center’s illustrative class action notices. 10. The Court further finds that the Parties, through the Settlement Notice Administrator, provided notice of the Settlement Agreement to the appropriate state and federal government officials pursuant to 28 U.S.C. § 1715. Furthermore, the Court has given the appropriate state and federal government officials the requisite ninety (90) day time period to comment or object to the Settlement Agreement before entering its Final Order and Final Judgment.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Notice to Class Members. 97. The record shows and the Court finds that notice the Class Notice has been given to the Class in the manner approved by the Court in its Preliminary Approval Order (Dkt. No. ). The Court finds that such noticeClass Notice: (i) constitutes is reasonable and constitutes the best practicable notice to Class Members under the circumstances of the Actioncircumstances; (ii) constitutes notice that was reasonably calculated, under the circumstances, to apprise Class Members of the pendency of the Action and the terms of the Settlement Agreement, their right to exclude themselves from the Class or to object to all or any part of the Settlement Agreement, their right to appear at the Fairness Hearing (either on their own or through counsel hired at their own expense) and the binding effect of the orders and Final Order and Final Judgment in the Action, whether favorable or unfavorable, on all persons and entities who or which do not exclude themselves from the Class, ; (iii) constitutes due, adequate, and sufficient notice to all persons or entities entitled to receive notice; and (iv) fully satisfied the requirements of the United States Constitution (including the Due Process Clause), FEDFed. R. CIVCiv. P. 23 and any other applicable law as well as complying with the Federal Judicial Center’s illustrative class action notices. 108. The Court further finds that the PartiesToyota, through the Settlement Notice Administrator, provided notice of the Settlement Agreement settlement to the appropriate state and federal government officials pursuant to 28 U.S.C. § §1715. Furthermore, the Court has given the appropriate state and federal government officials the requisite ninety (90) day time period to comment or object to the Settlement Agreement before entering its Final Order and Final Judgment.

Appears in 1 contract

Samples: Settlement Agreement