Notice to Settlement Class Members. 59. Within thirty (30) days after Preliminary Approval of the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s Counsel, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class members may exclude themselves from, or “opt-out” of, the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date on which the Final Approval Hearing is scheduled to occur; and the address of the Settlement Website at which Settlement Class members may access this Agreement and other related documents and information. Class Counsel and Xxxxxxx Xxxxxx Bank 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.
60. The Notice also shall include a procedure for Settlement Class members to opt out of the Settlement Class. A Settlement Class member may 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. Any Settlement Class member who does not timely and validly request to opt out shall be bound by the terms of this Agreement.
61. The Notice also shall include a procedure for Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or a Service Award to the Class Representative. Objections to the Settlement, to the application for fees and costs, and/or to the Service Award must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx Bank’s counsel, and the Settlement Administrator. For an objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt- Out Period, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted on the postmark date reflected on the envelope. If submitted by private courier (e.g., FedEx), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
62. For an objection to be considered by the Court, the objection must also set forth:
a. the name of the Action;
b. the objector’s full name, address and telephon...
Notice to Settlement Class Members. 54. Within fifteen business days after Preliminary Approval, SPE will provide to the Settlement Administrator data files (collectively, the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class List, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class Members may exclude themselves from the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members may access this Agreement and other related documents and information.
55. The Notice shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing of the intent to exclude himself or herself from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of this Agreement.
56. The Notice shall include a procedure for Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees,...
Notice to Settlement Class Members. 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class.
5.2 Notice shall be provided to Settlement Class Members via: (1) direct notice; and
Notice to Settlement Class Members. 53. Subject to Court approval, the Parties agree that the following Notice Program provides reasonable notice to the Settlement Class.
54. Wawa represents that neither it nor its agents have information sufficient to identify and provide mail or email notice to Settlement Class Members.
55. As part of the Notice Program, the following events shall occur on or before the Notice Issuance Date:
a. Long Form Notice as set forth in Exhibit “B,” as approved or modified by the Court, will be posted on the Settlement Website. The Long Form Notice shall contain links to the Claim Forms and other information about how Settlement Class Members can submit claims. In addition to being linked in the Long Form Notice, the Claim Form and all Settlement documents will additionally be posted as standalone documents on the Settlement Website. Wawa will also post a link to the Settlement Website on its website during the claims process period.
b. Wawa will post signs announcing the Settlement at all Wawa store locations, both in-store (at or near the Point of Sale payment card machines) and at or near the payment card equipment on all fuel dispensers, for a period of four consecutive weeks. The content and layout of the signs shall be as attached in Exhibit “C” (the “Store Notice”). The Store Notice will include a QR or other code that can be scanned and will direct customers to the Settlement Website and Long Form Notice, which will contain hyperlinks to the Claim Forms, when scanned using a smartphone or other device that recognizes QR codes.
c. Wawa will issue a press release, to, at minimum, reach the geographic region of all states in which Wawa has locations, at its expense, on behalf of Wawa, the Plaintiffs and the Settlement Administrator, announcing the Settlement and directing Settlement Class Members to the Settlement Website, complete with a link to the Settlement Website. The content of the press release will be as set forth in Exhibit “D,” as approved or modified by the Court (the “Press Release”).
Notice to Settlement Class Members. 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class.
5.2 Notice shall be provided to Settlement Class Members via (1) direct notice; and (2) notice on the Settlement Website.
5.3 Within seven (7) Days of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home shall provide the Settlement Administrator with the names and mailing addresses of the Settlement Class Members whose mailing addresses are known to Preferred Home. The Settlement Administrator shall, by using the National Change of Address (“NCOA”) database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses.
5.4 Within seventy-five (75) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in forms substantially similar to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, to all Settlement Class Members whose addresses are known to Preferred Home by First Class U.S.P.S. Mail.
5.5 If any Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall remail the Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Where the undeliverable Notice is returned without a forwarding address, the Settlement Administrator shall make reasonable efforts to ascertain the correct address of the Settlement Class Member whose Notice was returned undeliverable and remail the Notice. Other than as set forth in the preceding sentence, neither the Parties nor the Settlement Administrator shall have any obligation to remail a Notice to a Settlement Class Member.
5.6 The Notice mailed to Settlement Class Members will consist of a Short Form Notice for the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. The Settlement Administrator shall have discretion to format this Short Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home Counsel shall first be provided with a proof copy (reflecting what the items will look like in their final form) and shall have the right to inspect the same for compliance with the Settlement Agreement and ...
Notice to Settlement Class Members. 4.1. Subject to the requirements of any orders entered by the Court, no later than thirty calendar days after the Preliminary Approval Date, the Settlement Administrator shall mail a Class Notice by first-class mail to the addresses on the Notice List. The Parties agree and understand that if more time is needed to prepare the Notice List and mail Class Notice, they will agree on another date for mailing the Class Notice, unless otherwise ordered by the Court.
4.2. The mailing of a Class Notice to a person or entity that is not in the Settlement Class shall not render such person or entity a part of the Settlement Class or otherwise entitle such person to participate in this Settlement.
4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business days after Preliminary Approval. The Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class Notice, the allocation of the Net Settlement Fund, and payments to the Settlement Class.
4.4. The Settlement Administrator will run an update of the last known addresses provided by Defendant through the National Change of Address database before initially mailing the Class Notice. If a Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will endeavor to:
(i) re-mail any Class Notice so returned with a forwarding address; and (ii) make reasonable efforts to attempt to find an address for any returned Class Notice that does not include a forwarding address. The Settlement Administrator will endeavor to re-mail the Class Notice to every person and entity in the Notice List for which it obtains an updated address. If any Settlement Class Member is known to be deceased, the Class Notice will be addressed to the deceased Settlement Class Member’s last known address and “To the Estate of [the deceased Settlement Class Member].”
4.5. The Settlement Administrator will establish, maintain, and update a Class Website to provide relevant information regarding the Settlement to Settlement Class Members.
4.6. After Preliminary Approval of the Settlement, the Settlement Administration Expenses may be ...
Notice to Settlement Class Members. The claims administrator will mail, by first-class mail at Ford’s expense, the Class Notice containing the language in Exhibit D, and substantially in the same form as in Exhibit D. As soon as practicable after the preliminary approval of the Settlement, the claims administrator will obtain from X.X. Xxxx & Co. the name and last known address of each potential member of the Settlement Class. The last known address of potential Settlement Class Members will be checked and updated via the National Change of Address database. Thereafter, the claims administrator shall send a copy of the Class Notice by first-class mail to each Settlement Class Member so identified. The claims administrator shall use its best efforts to complete the mailing of the Class Notice to potential Settlement Class Members within four months after the preliminary approval of the Proposed Settlement. If any Class Notice mailed to any potential Settlement Class Member is returned to the claims administrator as undeliverable, then the claims administrator shall perform a reasonable search for a more current name and/or address for the potential Settlement Class Member and (provided that a more current name and/or address can be found through such a search) re-send the returned Class Notice to the potential Settlement Class Member by first-class mail. In the event that any Class Notice mailed to a potential Settlement Class Member is returned as undeliverable a second time, then no further mailing shall be required. The claims administrator will promptly log each Class Notice that is returned as undeliverable and provide copies of the log to Named Plaintiffs’ Lead Counsel.
Notice to Settlement Class Members. Notice of the Settlement shall be provided to Settlement Class Members, and Settlement Class Members shall submit any objections to the Settlement, and/or requests for exclusion from the Class, using the following procedures:
Notice to Settlement Class Members. 24 8. The Court appoints Epiq as the Settlement Administrator. The responsibilities 25 of the Settlement Administrator are set forth in the Settlement Agreement.
26 9. The Court approves the Long Notice and the Summary Notice (the “Settlement 27 Information or PI, does not include driver’s license numbers, Social Security numbers, credit or debit card numbers, 28 bank account or routing numbers, social insurance numbers, dates of birth, and/or tax identification numbers. 1 Notices”), attached to the Settlement Agreement as Exhibits B and C, respectively, and finds 2 that the dissemination of the Class Notice substantially in the manner and form set forth in 3 Section VI of the Settlement Agreement (“Notice Plan”) is the best notice practicable under the 4 circumstances, constitutes due and sufficient notice of the Settlement and this Order to all 5 persons entitled thereto, and is in full compliance with applicable law and due process. The 6 Court approves as to form and content the Long Notice and Summary Notice, attached as 7 Exhibits B and C, respectively, to the Settlement Agreement. The Court orders the Settlement 8 Administrator to commence the Notice Program following entry of this Order in accordance 9 with the terms of the Settlement Agreement.
10 10. The Court further approves the Claim Form, substantially similar to Exhibit A to 11 the Settlement Agreement, which will be available both on the settlement website and by request.
Notice to Settlement Class Members. Such Hearing Order shall provide that the Settlement Administrator and Plaintiffs’ Counsel shall be responsible for providing the Settlement Notice, substantially in the form of Exhibit B hereto either in hard copy form or by a notification directing the reader to a version available online, to the Settlement Class Members, advising them of the claims asserted in the Action and the proposed Settlement thereof, and of the Fairness Hearing and their rights in connection therewith, including, as set forth below under Section 5.3. The Settlement Administrator and Plaintiffs’ Counsel will be responsible for notifying Settlement Class Members through the Settlement Notice, and all Notice and Administration Expenses shall be administered by the Settlement Administrator and paid out of the Total Settlement Fund in accordance with the terms hereto. In no event shall any of the Released Parties or their counsel have any liability or responsibility whatsoever for the Settlement Notice or any Notice and Administration Expenses.
