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. 27 The Settlement Agreement provides that within 10 days of entry of this 28 Order, Xxxxxxxx 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. 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.
Notice to Settlement Class. 11. The forms of Notice, including the Short Notice (also known as the Postcard Notice), Long Notice, and Claim Form, attached as Exhibits B, C, and A, respectively, to the Settlement Agreement are constitutionally adequate and are hereby approved. The Notice contains all essential elements required to satisfy state statutory requirements and due process under New Jersey Rule 4:32- (b)(2), the New Jersey State Constitution, the United States Constitution, and other applicable laws. 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. 12. 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. 13. The forms of the Short Notice (also known as the Postcard Notice), Long Notice, and Claim Form, attached as Exhibits B, C, and A, respectively, to the Settlement Agreement are constitutionally adequate and are hereby approved. The Notice contains all essential elements required to satisfy state statutory requirements and due process under Illinois Complied Statutes Xxx. Chapter 735, Section 5-2/801, the Illinois state Constitution, the United States constitution, and other applicable laws. 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. 15. The forms of the Claim Form, Long-Form Notice, and Postcard Notice, attached as Exhibits A, B, and C, respectively, to the Settlement Agreement (the “Notice”), are constitutionally adequate, and are hereby approved. The Notice contains all essential elements required to satisfy Massachusetts requirements and Due Process. The Court further finds that the form, content, and method of providing notice to the Settlement Class, 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 Settlement; and (c) are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class Members. The Parties, by agreement, may revise the Notice in ways that are appropriate to update the Notice for purposes of accuracy and clarity, and may adjust the layout of those notices for efficient electronic presentation and mailing.
