Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows:
Notice to Settlement Class. 8.1 The proposed Settlement Class shall be given the following notices: (i) the Notice of Hearing; (ii) notice if this Agreement is approved; (iii) notice if this Agreement is not approved, is terminated, or otherwise fails to take effect; and (iv) such further notice as may be directed by the Superior Court.
Notice to Settlement Class. In the event that the Court preliminarily approves the settlement, Class Plaintiffs’ Co-Lead Counsel shall, in accordance with Rule 23 of the Federal Rules of Civil Procedure and the Court’s Order, provide each Settlement Class Member who can be identified by reasonable means with notice in a reasonable manner as approved by the Court, the proposed plan of distribution of the settlement proceeds among the Settlement Class Members, and the date of the Settlement Hearing. In order to mitigate the costs of notice, End- Payor Plaintiffs shall endeavor, if practicable, to disseminate notice of this settlement with notice of any other settlements that are reached with any other Defendant. Prior to providing notice pursuant to this paragraph, End-Payor Plaintiffs shall submit to the Court within a reasonable period of time following preliminary approval, as determined in good faith by Class Plaintiffs’ Co-Lead Counsel, consistent with the parties’ goal of obtaining Final Approval of this settlement, a motion, subject to review by Lear and KL Sales and consistent with the content of this Settlement Agreement, for authorization to disseminate notice of the settlement to all Settlement Class Members (the “Notice Motion”). The Notice Motion shall include a proposed form of, method for, and date of dissemination of notice. End-Payor Plaintiffs shall take all necessary and appropriate steps to ensure that notice is provided in accordance with the order of the Court. In addition:
Notice to Settlement Class. The Parties will jointly request approval by the District Court of notice to the Settlement Class as set forth in this Section 14.5.
Notice to Settlement Class. 85. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s 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 Accountholders in the Settlement Class may exclude themselves from or “opt-out” of the Settlement Class; a date by which Settlement 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 Accountholders in the Settlement Class may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. Notices provided under or as part of the Notice Program shall not bear or include the Defendant’s logo or trademarks or the return address of Defendant, or otherwise be styled to appear to originate from Defendant. The Long Form Notice will be translated to Spanish language and a Spanish language notation will be made on the Postcard Notice and Email Notice regarding the available translated Long Form Notice.
Notice to Settlement Class. 27 The Settlement Agreement provides that within 10 days of entry of this 28 Order, Rushmore shall compile the Settlement Class List and provide that list to the Case 8:21-cv-00621-DOC-KES Document 27-2 Filed 09/24/21 Page 39 of 48 Page ID #:319 1 Settlement Administrator and Class Counsel. (Id. § 6.3.1) The Settlement 2 Administrator shall then update the entire Settlement Class List through the 3 National Change of Address (“NCOA”) database, or its equivalent, before sending 4 out Class Notice. (Id.) The Class Notice shall be sent by first class mail to Class 5 Members at their last known mailing address as updated by the NCOA. (Id. §
Notice to Settlement Class. In the event that the Court preliminarily approves the Settlement, Interim Co-Lead Counsel for the Class shall, in accordance with Rule 23 of the Federal Rules of Civil Procedure and the Court’s order preliminarily approving the Settlement, arrange for the publication of the summary notice and for the sending of the mailed notice by first-class mail to all members of the Settlement Class who have been identified by reasonable means and efforts, which mailed notice shall, among other things, inform the recipient of preliminary approval of the proposed Settlement and the date of the hearing scheduled by the Court to consider the fairness, adequacy and reasonableness of the Settlement (the “Settlement Hearing”). Interim Co-Lead Counsel for the Class, with approval of the Horizon Defendants’ counsel, may withdraw monies from the Escrow Funds in a reasonable amount for the purposes of such notice. In no event shall the Horizon Defendants be responsible for giving notice of the Settlement to members of the Settlement Class, or for the expense of such notice.
Notice to Settlement Class. 20. No later than thirty-five (35) days after entry of the Preliminary Approval Order (the “Notice Date”), or such other time as may be ordered by the Court, the Settlement Administrator shall disseminate the Summary Notice to the Settlement Class Members as follows:
Notice to Settlement Class. A. Class counsels or their designated representative will provide Postcard and Email notice to the last known postal and electronic mail address of each Subclass member, if known, as well as Notice by Publication to the Subclass of the proposed settlement within thirty (30) days after entry of the Preliminary Approval Order. Additionally, class counsels or their designated representative will provide First Class Mail Notice and a Claim Form to all Subclass Members who submit a written request for same as soon as practicable following receipt of such request. The Forms of Notice shall be jointly submitted by the Parties to the Court for approval contemporaneously with the presentation of the proposed Preliminary Approval Order. The Email, First Class Mail and Publication Notice shall be in the form attached hereto as Exhibit “A”, and shall:
Notice to Settlement Class. 85. Delta will make available to Class Counsel and the Settlement Administrator the Class List no later than 10 days after entry of the Preliminary Approval Order for the Notice Program. To the extent necessary, Delta will cooperate with updating the Class List to accomplish the Notice Program and otherwise administer the Settlement.
