Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows:
A. Within 10 calendar days after entry of an order preliminarily approving this Settlement, Defendant will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the members of the Settlement Class, including the dates of employment and the number of workweeks worked during the Class Period.
B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Class Members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class Members, (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, and
Notice to Settlement Class. In the event of an order granting preliminary approval of the settlement by the District Court as described in Paragraph 6, notice of the settlement will be mailed and e-mailed to the individuals in the Settlement Class within fourteen days after such order. The Settlement Administrator will send the settlement class notice by first class U.S. mail to persons in the Settlement Class at such persons last known address, as listed in the Notice Information, and will also send the notice by e-mail to all members of the Settlement Class for whom Defendant has an e-mail address. Prior to mailing the notice, the Settlement Administrator will update the address information provided by Defendant through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run a search to determine and/or confirm the names and addresses of the Settlement Class Members. Any mailed notice returned to the Settlement Administrator with a new forwarding address will be re-mailed one time to the individual at the new forwarding address. The mail notice to the Settlement Class will contain a summary description of the Agreement, and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address may be uploaded . In the event that no mailing address or e-mail address can be identified by the Settlement Administrator for the Settlement Class Member, the Settlement Administrator shall provide notice to the Settlement Class Member by text message to the number provided by Defendant, which shall identify the individual as a Settlement Class Member and direct them to the settlement website for information and to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Administrator shall set up a dedicated website which will advise persons of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and which will answer frequently asked questions about the case. The parties agree that Notice to the Settlement Class, which will be sent, will be substantially similar to that attached as...
Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows:
A. Within fifteen (15) calendar days after entry of an order preliminarily approving this Agreement, Defendant will provide the Settlement Administrator with the names, last known addresses, phone numbers, social security numbers, positions held, the number of workweeks worked (or information allowing the Settlement Administrator to calculate same) as a non-exempt employee by each Settlement Class member while employed during the Class Period and PAGA Period (the “Class Data”). The Class Data shall be provided to the Settlement Administrator in an electronic format satisfactory to the Settlement Administrator.
B. Within ten (10) business days from receipt of this information, the Settlement Administrator shall (i) run the names of all Settlement Class members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class members; (ii) update the address of any Settlement Class member for whom an updated address was found through the NCOA search;
Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows:
A. Within ten (10) business days after entry of an order preliminarily approving this Agreement, ICS will provide the Settlement Administrator with the names, last known addresses, phone numbers, social security numbers, positions held, the dates of employment and the number of workweeks worked by each Settlement Class member while employed during the Class Period (the “Class Data”). The Class Data shall be provided to the Settlement Administrator in an electronic format satisfactory to the Settlement Administrator.
B. Within ten (10) business days from receipt of this information, the Settlement Administrator shall (i) run the names of all Settlement Class members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class members; (ii) update the address of any Settlement Class member for whom an updated address was found through the NCOA search;
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.
8.2 The form of notices referred to in Section 8.1 and the manner and extent of publication and distribution shall be as follows:
(a) by Class Counsel posting the notice on their websites and by delivering a copy of the notice of authorization electronically to all individuals and entities who have contacted Class Counsel about this action and all individuals and entities who request it;
(b) by Class Counsel placing the notice online in abbreviated form with a URL leading to more information on a number of websites for a period of 45 days;
(c) disseminated once through Canada NewsWire in English and French;
(d) by publishing the notice once in French in a weekday tablet (online) edition of La Presse;
(e) by publishing the notice on the Québec Class Action Registry; and LEGAL_1:61856669.1
(f) by publishing the notice once in English in the national print edition of The Globe and Mail, Report on Business section and in English in the national print edition of the National Post, Financial Post section. or in such form or manner as approved 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:
x. Xxxx and KL Sales agree to permit a maximum of one hundred twenty-five thousand US dollars ($125,000 USD) of the Settlement Fund to be used towards Notice Costs. Funds expended pursuant to this paragraph may be paid without further approval from the Court and, in accordance with the provisions of paragraph 13, any amounts expended for Notice Costs are not recoverable if this settlement does not become final or is terminated.
b. In no event shall Lear and/or KL Sales be responsible for giving notice of this settlement to members of the Settlement Class or for the administration of the Settlement Fund, including but not limited to the expense and cost of such notice and claims administration, except insofar as provided in this Settlement Agreement.
c. If and to the extent a claims administrator is selected to administer any distribution from the Settlement Fund, that claims administrator shall determine through an audit process of claims filed that claimants qualify as Settlement Class Members...
Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows:
A. Within ten (10) business days after entry of an order preliminarily approving this Agreement, Defendant will provide the Settlement Administrator with the names, last known addresses, and social security numbers (in electronic format) of the members of the Settlement Class, including the dates of employment and the workweeks worked by each Settlement Class member while employed in a position covered by the Settlement Class definition during the Class Period.
B. Within ten (10) business days from receipt of this information, the Settlement Administrator shall: (i) run the names of all Settlement Class members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class members; (ii) update the addresses of any Settlement Class member for whom an updated address was found through the NCOA search; (iii) calculate the estimated Individual Settlement Payment for each Settlement Class member; (iv) provide its calculations to Counsel for approval; and (v) mail the Notice Packet (in English and Spanish) to each Settlement Class member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing.
Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows:
A. Within ten (10) business days after entry of an order preliminarily approving this Agreement, Defendant will provide the Settlement Administrator and Class Counsel with the names, last known addresses, phone numbers, social security numbers (Settlement Administrator only), the dates of employment, and the number of workweeks worked by each Settlement Class member while employedduring the California and/or FLSA Class Periods, as applicable, and the number of pay periods worked by each PAGA Group member during the PAGA Period (the “Class Data”). The Class Data shall be provided to the Settlement Administrator and Class Counsel in an electronic format satisfactory to the Settlement Administrator.
B. Within ten (10) business days from receipt of this information, Class Counsel will provide the Settlement Administrator and Defendant’s Counsel with the Initial Settlement Award Allocation for each Class Member.
C. Within ten (10) business days from receipt of this information, the Settlement Administrator shall (i) run the names of all Settlement Class members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class members; (ii) update the address of any Settlement Class member for whom an updated address was found through the NCOA search; and (iii) mail, email and text a Notice Packet to each Settlement Class member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing/transmission.
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.
14.5.1. Following the District Court’s issuance of the Preliminary Approval Order, the Parties will provide notice of the proposed Agreement, advising the members of the Settlement Class of the terms of the proposed Agreement and their right to object to the proposed Agreement. Such notice will include the terms required by the District Court, which are anticipated to be as follows: (i) a brief statement of this Action, the settlement embodied in this Agreement, and the claims released by the Settlement Class; (ii) the date and time of the Fairness Hearing and/or Final Approval Hearing of the proposed Agreement; (iii) the deadline for submitting objections to the proposed Agreement; and (iv) the web page, address, and telephone numbers that may be used to obtain a copy of the Settlement Agreement (substantially in the form attached to this Agreement as Exhibit F).
14.5.2. The Notice of Settlement will be published as follows:
14.5.2.1. Within twenty (20) days after the District Court has issued the Preliminary Approval Order, the City will cause a copy of the Notice of Settlement in English and Spanish and a copy of the Settlement Agreement to be posted and remain posted on the City’s official website (xxx.xxxxx.xxx) through the deadline for any member of the Settlement Class to submit an objection.
14.5.2.2. Within twenty (20) days after the District Court has issued the Preliminary Approval Order, each firm making up Class Counsel will post on its website a copy of the Notice of Settlement in English and Spanish (as provided by the City) and a copy of the Settlement Agreement. Additionally, Class Counsel will distribute the Notice of Settlement to local disability rights organizations.
14.5.2.3. Within thirty (30) days after the District Court has issued the Preliminary Approval Order, the City will cause the Notice of the Settlement to be published in a main local media outlet in English and Spanish, and/or as the District Court may otherwise order.
Notice to Settlement Class. 65. 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 deadline by which Accountholders in the Settlement Class may opt-out of the Settlement Class; a deadline by which Settlement Class Members may object to the Settlement and/or the Application for Attorneys’ Fees, Costs, and Service Award; the Final Approval Hearing, location, date, and time; and the Settlement Website address 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.
66. The Long Form Notice also shall include a procedure for Accountholders in the Settlement Class to opt-out of the Settlement Class at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must be sent by U.S. Mail or private courier (e.g., Federal Express) to the Settlement Administrator. The opt-out request must be personally signed by the Accountholder in the Settlement Class and contain the name, last four digits of the account number(s) or former account number(s), postal address, email address (if any), telephone number, a brief statement identifying membership in the Settlement Class, and a statement that indicates a desire to be excluded from the Settlement Class. A member of the Settlement Class may opt out on an individual and personal basis only; so-called “mass” or “class” opt-outs shall not be allowed. Any Accountholder in the Settlement Class who does not timely and validly request to opt out shall be bound by the te...
