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 a. No later than 30 days after entry of the Preliminary Approval Order (unless otherwise specifically modified by the Parties or ordered by the Court), Anthem shall cause, at its sole expense, a third party settlement administrator agreed to by the Parties and appointed by the Court (“Settlement Administrator”) to mail, first class postage prepaid, the Summary Settlement Notice attached as Exhibit C to this Agreement directly to Settlement Class Members. Prior to mailing the Summary Settlement Notice, the Settlement Administrator shall update the last known addresses reflected in Anthem’s records for Settlement Class Members by comparing them to the National Change of Address system to ensure individual notice is provided to all reasonably identifiable Settlement Class Members. If any Summary Settlement Notices are returned as undeliverable with forwarding addresses provided, the Settlement Administrator shall re-send Summary Settlement Notices to the forwarding addresses. For any Summary Settlement Notices returned undeliverable without forwarding addresses provided, the Settlement Administrator shall run an address search (skiptrace) against the Lexis-Nexis address database, or comparable database, and re-send Settlement Notices to any updated addresses obtained.
b. The Summary Settlement Notice will provide a description of the settlement terms and refer Settlement Class Members to a settlement website, created by the Settlement Administrator, which will contain this Agreement and Exhibits, the operative Complaints and a list of relevant deadlines, and other agreed-to materials and information including the Full Settlement Notice attached as Exhibit D, which will be available in English and Spanish. The Summary Settlement Notice (Exhibit C) shall give Settlement Class Members 30 days from the date of such mailing to request exclusion from or object to the terms of the Settlement. The Parties agree that Plaintiffs’ Counsel shall have an opportunity to review the content placed on the settlement website and make suggested edits before the content is posted to the website. Anthem shall provide Plaintiffs’ Counsel with any proposed content 10 days before its addition to the settlement website. Plaintiffs’ Counsel shall notify Anthem in writing within 3 days of their receipt of such content if they have any suggested edits to any aspect of such content. Plaintiffs’ Counsel will be deemed to have consented to the proposed content if Plaintiffs’ Counsel fails ...
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, VOX will provide the Settlement Administrator with the names, last known addresses, phone numbers, social security numbers, dates of employment, positions held, number of Work Events worked during the Class Period, and the number of pay periods worked during the Wage Statement/PAGA Period, for each Settlement Class member (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. 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. 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, Mission Produce will provide the Settlement Administrator with the names, last known addresses, phone numbers, social security numbers, number of Pay Periods worked, and number of pay periods worked during the PAGA Period (“Class Data”) for each Settlement Class member during the Class Period. Because the Class Data contains social security numbers, the Class Data shall be treated as confidential by the Settlement Administrator. However, the Settlement Administrator will provide a database to Class Counsel which will contain each Settlement Class member’s number of Pay Periods worked, number of Pay Periods worked during the PAGA Period, as well as the calculations made to determine each Settlement Class member’s Settlement Award, so that Class Counsel may confirm that the Settlement Awards have been calculated correctly and in conformance with the Settlement Agreement.
B. Within fifteen (15) business days from receipt of the Class Data, 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. The forms of the Claim Form, Long Notice, and Short Notice, attached as Exhibits 1, 2, and 3, respectively, to the Settlement Agreement, are constitutionally adequate, and are hereby approved. The Notice contains all essential elements required to satisfy federal statutory requirements and due process. The Court further finds that the form, content, and method of providing the Settlement Class Notice, as described in the Settlement Agreement, including the exhibits thereto: (a) constitute the best practicable notice to the Settlement Class; (b) are reasonably calculated to apprise Settlement Class Members of the pendency of the action, the terms of the Settlement, their rights under the Settlement, including, but not limited to, their rights to object to or exclude themselves from the Settlement; and (c) are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class Members.
Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows:
A. Within ten (10) calendar days after entry of an order preliminarily approving this Settlement, Defendant will provide the Settlement Administrator with the names, last known addresses, last known telephone numbers, social security numbers, dates of employment, and workweek and pay period information (in electronic format), including the number of workweeks worked during the Class Period and number of pay periods worked during the PAGA Period, of the members of the Settlement Class and PAGA Group.
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 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 (iii) mail the Class Notice 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.
C. Any Class Notices returned to the Settlement Administrator as undelivered on or before the Response Deadline (defined below) shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Settlement obtain an updated mailing address within five (5) business days of receiving the returned Class Notice. If an updated mailing address is identified, the Settlement Administrator shall resend the Class Notice to the Settlement Class Member promptly, and in any event within three (3) business days of obtaining the updated address. Settlement Class Members to whom Class Notes are re-sent after having been returned as undeliverable to the Settlement Administrator shall have fourteen