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 telephone number; c. an explanation of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel; e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing; f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and h. the objector’s signature. 63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure. 64. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein. 65. Once the Settlement Administrator has the list of Settlement Class Members, the Settlement Administrator shall run the physical addresses through the National Change of Address Database and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Notice to all Settlement Class members receiving Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.” 66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process. 67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing. 68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class Counsel. 69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Settlement Class Members. 59. Within thirty (30) days after A. Upon entry of the Preliminary Approval of the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s CounselOrder, the Settlement Administrator shall will implement the Notice Program provided herein, using forms substantially in the nature of the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall will 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 or request exclusion from the Settlement; the date on upon which the Final Approval Hearing is scheduled to will occur; and the address of the Settlement Website at which Settlement Class members Members may file claims and access this Settlement 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 .
B. The Notice Program commenceshas two components: (1) Detailed Notice on the Settlement Website, based upon and (2) Postcard Notice for those dates and deadlines set by the Court in the Preliminary Approval Orderindividuals for whom a physical address can be identified with reasonable effort as described herein.
60. C. The Notice also Settlement Administrator shall include mail a procedure for Settlement Class members to opt out copy 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 Postcard Notice via United States Postal Services (“USPS”) first class mail to opt out shall be bound by the terms of this Agreement.
61. The Notice also shall include a procedure for all Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or whom WM can ascertain 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 Administratormailing address from its records with reasonable effort. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
64. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders Members for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail WM is not able to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon ascertain a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once the Settlement Administrator has the list of Settlement Class Membersmailing address from its records with reasonable effort, the Settlement Administrator shall run use reasonable efforts to identify a mailing address and mail a copy of the physical Postcard Notice to such address. For any Postcard Notices that are returned undeliverable, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses through and resend the National Change of Address Database and shall mail Postcard Notice to all such Settlement Class members Postcard Noticethe extent updated addresses are identified. The Settlement Administrator shall also send out Email Notice need make only one attempt to all Settlement Class members receiving Notice by that method. The initial resend any Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards Notices that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). .
D. The Settlement Administrator shall also send Postcard post the Detailed Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Detailed Notice shall be posted on the Settlement Website by the Class Notice Date.
E. XX agrees to pay all costs associated with the Notice Program, including notice required by the Class Action Fairness Act, notice of the Settlement to the Settlement Class members whose Email Notice were returned as undeliverable Members, and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67. The Notice Program (which is composed settlement administration costs, including payment of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class CounselAdministrator.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Settlement Class Members. 5986. Within thirty (30) days after Upon Preliminary Approval of the Settlement, at the direction of Settlement Class Counsel and Xxxxxxx Xxxxxx Bank’s Counsel, the Settlement Notice 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 Members may exclude themselves from, from or “opt-opt out” of, of the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date on upon which the Final Approval Hearing is scheduled to occur; and the address of the Settlement Website at which Settlement Class members Members may access this Agreement and other related documents and information. Settlement Class Counsel and Xxxxxxx Xxxxxx U.S. 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. Notices and publications provided under or as part of the Notice Program shall not bear or include the U.S. Bank logo or trademarks or the return address of U.S. Bank, or otherwise be styled to appear to originate from U.S. Bank.
6087. The Notice also shall include a procedure for Settlement Class members Members to opt out of the Settlement Class. A Settlement Class member 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 Member who does not timely and validly request to opt out shall be bound by the terms of this Agreement.
6188. 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 fees, costs and costs expenses and/or a Service Award Awards to the Class RepresentativePlaintiffs. Objections to the Settlement, to the application for fees and fees, costs, expenses, and/or to the Service Award Awards must be mailed to the Clerk of the Court, Settlement Class Counsel, Xxxxxxx Xxxxxx and U.S. 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- Opt-Out Period, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the postmark date reflected on envelope if mailed first-class postage prepaid and addressed in accordance with the envelopeinstructions. If submitted by private courier (e.g., FedExFederal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
6289. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s his counsel;
e. the number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case;
f. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
g. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that the objector files the objection, if anythe caption of each case in which the counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior such objections that were issued by the trial and appellate courts in each listed case;
h. any and all agreements that relate to the objection or the process of objecting— whether written or oral—between objector or objector’s counsel and any other person or entity;
i. the identity of all counsel representing the objector who will appear at the Final Approval Hearing;
f. j. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. k. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. l. the objector’s signaturesignature (an attorney’s signature is not sufficient).
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
6490. Notice shall be provided to Settlement Class members Members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addressesMailed Notice; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverablePublished Notice; and Long Long-Form Notice, which shall be available Notice on the Settlement Website and/or via mail upon a Settlement Class member’s requestWebsite. Not all Settlement Class members Members will receive all three forms of Notice, as detailed herein.
65. Once Notice shall be provided substantially in the forms attached to this Agreement as Exhibits A, B and C. 91. Within 28 days from the date that the Settlement Administrator has the list of receives from Settlement Class MembersCounsel and U.S. Bank the data files that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known addresses of the identifiable Settlement Class Members who held Accounts during the Class Period, the Settlement Administrator shall run the physical addresses through the National Change of Address Database Database, and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Members postcards that contain the Mailed Notice to all Settlement Class members receiving Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as (the “Initial Mailed Notice.”
66). The Settlement Administrator shall perform reasonable address traces for all Initial To coordinate the Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses Program with the Published Notice Program, within one business day of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) days before Settlement Administrator’s receipt of the Final Approval Hearingdata files described herein, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to inform the Notice Re-mailing ProcessAdministrator by email that it has received the data files.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class Counsel.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5968. Within thirty (30) days As soon as practicable 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 SettlementSettlement including the injunctive relief; a date by which Settlement Class members may exclude themselves from, from or “opt-out” of, of the Settlement Class; a date by which Settlement Class Members members may object to the Settlement; the date on upon 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 Farmers 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 and publications provided under or as part of the Notice Program shall not bear or include the Farmers logo or trademarks or the return address of Farmers, or otherwise be styled to appear to originate from Farmers.
6069. The Notice also shall include a procedure for Settlement Class members to opt opt-out of the Settlement Class. A Settlement Class member may opt 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 opt-out shall be bound by the terms of this Agreement. Requests for exclusion from the Settlement must be delivered to the Settlement Administrator via mail.
6170. The Notice also shall include a procedure for Settlement Class Members members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees fees, costs and costs expenses and/or a Service Award Awards to the Class RepresentativeRepresentatives. Objections to the SettlementA Settlement Class member may submit an objection, via mail, to the application for fees and costsSettlement Administrator at any time during the Opt-Out Period, 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, provided the objection must be submitted is postmarked no later than the last day of the Opt- 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.
6271. For an objection to be considered by the Court, the A written objection must also set forth:
a. the name of the Action;
b. the objector’s full name, address and telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Membermember;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing counsel who represent the objector who will appear at the Final Approval Hearingobjector;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. g. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank Farmers may conduct limited discovery on any objector consistent with the Connecticut Rules California Code of Civil Procedure.
6472. Notice shall may be provided to Settlement Class members in up to three different ways: Email Notice notice to Account Holders Settlement Class members for whom Xxxxxxx Xxxxxx Bank Farmers has email addressesaddresses (“Email Notice”) and who have agreed to accept their Policy statements and/or information by email; Postcard Long Form Notice sent by U.S. with details regarding the Settlement (“Long Form Notice”) via regular mail and/or on the Settlement Website; and a mutually agreed Publication Notice published in California in the following publications to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addressesapprise Settlement Class members of the Settlement: the Los Angeles Times, East Bay Times/Mercury News, Sacramento Bee, San Diego Union-Tribune, San Francisco Chronicle, Redding Record Searchlight, Las Vegas Review-Journal, Facebook (California IP addresses only) and for whom Google Display Network (California IP addresses only). Email Notice is returned undeliverable; and Long Form Notice shall collectively be referred to as “Mailed Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. .” Not all Settlement Class members will receive all forms of Notice, as detailed herein. The cost of all forms of Notice and the Notice Program shall be paid out of the Settlement Amount. A Spanish version of the Long Form Notice shall be provided to Settlement Class Members who request it. The Email Notice, Long Form Notice, and Publication Notice shall inform Settlement Class members, in Spanish, of the availability of the Spanish version of the Long Form Notice.
6573. Once Farmers, with the assistance of the Settlement Administrator as appropriate, shall create a list of Settlement Class members and their electronic mail and/or postal addresses based on readily available information already within its possession. Farmers will bear the expense of extracting the necessary data to make this list of Settlement Class members. Farmers has provided the list of Settlement Class Members, members and their electronic mail and/or postal addresses to the Settlement Administrator.
74. The Settlement Administrator shall may run the physical addresses of all Settlement Class members receiving Mailed Notice through the National Change of Address Database and shall mail to all such Settlement Class members Postcard the Long Form Notice, as ordered by the Court. The Settlement Administrator shall also send out Email Notice to all Settlement Class members receiving Notice by that method. The initial Postcard mailed Long Form Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
6675. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards Notices that are returned as undeliverable. A reasonable By way of example, a “reasonable” tracing procedure would be to run addresses of returned postcards Long-Form Notices through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) 60 days before the Final Approval Hearingafter preliminary approval, the Settlement Administrator shall complete the re-mailing of Postcard Notice Long-Form Notices to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice Long Form Notices to all Settlement Class members members’ whose Email Notice emails were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
6776. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) 60 days before after entry of a Preliminary Approval Order. The Settlement Administrator agrees to cap the Final Approval HearingSettlement Administration Costs at $842,881. .
68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class Counsel.
6977. Within the provisions set forth in this Section IXVIII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton BankFarmers.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5955. Within thirty (30) days after Upon Preliminary Approval of the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s CounselAmegy, the Settlement Administrator shall implement the Notice Program provided herein, using the forms . Notices provided under or as part 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 commencesshall not bear or include the Amegy or Bancorp logos or trademarks or the return address of Amegy or Bancorp, based upon those dates and deadlines set by the Court in the Preliminary Approval Orderor otherwise be styled to appear to originate from Amegy or Bancorp.
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 Period56. Any Settlement Class member Member who does not timely and validly request to opt out shall be bound by the terms of this Agreement.
6157. The Notice also Program shall include a procedure for provide notice to Settlement Class Members to object in two ways: the Mailed Notice and the Long-Form Notice. Additionally, Amegy shall post a link to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or a Service Award to Website on its homepage as long as the Class RepresentativeSettlement Website remains active.
58. Objections to the Settlement, Settlement or to the application for fees and fees, costs, and/or to the expenses, and Service Award must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx Bank’s counsel, and the Settlement Administratorcounsel for Amegy. For an objection to be considered by the Court, the objection must be submitted mailed first-class postage prepaid and addressed in accordance with the instructions and the postmark date indicated on the envelope must be no later than the last day of the Opt- Opt-Out Period, as specified in the Mailed Notice and the Long-Form 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.
6259. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s his counsel;
e. the number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case;
f. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
g. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that the objector files the objection, if anythe caption of each case in which the counsel or the firm has made such objection, and a copy of any orders related to or bearing upon counsel’s or the firm’s prior such objections that were issued by the trial and appellate courts in each listed case;
h. any and all agreements that relate to the objection or the process of objecting- whether written or oral-between objector or objector’s counsel and any other person or entity;
i. the identity of all counsel representing the objector who will appear at the Final Approval Hearing;
f. j. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. k. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. l. the objector’s signaturesignature (an attorney’s signature is not sufficient).
6360. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with Within twenty-eight (28) days after the Connecticut Rules of Civil Procedure.
64. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once date the Settlement Administrator has receives from Class Counsel and Amegy the list data files that identify the names and last known addresses of identifiable Settlement Class Members, the Settlement Administrator shall run the physical addresses through the National Change of Address Database Database, and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Notice postcards to all Settlement Class members receiving Members containing the Mailed Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as form approved in the Preliminary Approval Order (the “Initial Mailed Notice”).”
6661. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty fifty-six (6056) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Mailed Notice postcards to those Settlement Class members Members whose new addresses were identified as of that time through address traces (the “Notice Re-mailing Process”).
62. The Within ten (10) days after the date the Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to completes the Notice Re-mailing Process, the Settlement Administrator shall provide Amegy and Class Counsel an affidavit that confirms that the Mailed Notice was given accordance with the terms of this Agreement. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiff’s motion for final approval of the Settlement.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
6863. All costs of the Notice Program and the Settlement Administrator’s fees and expenses related to the Notice Program thereto shall be paid from the Settlement Fund after approval by Class CounselAmount.
6964. Within the provisions parameters set forth in this Section IXVIII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton BankAmegy.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5955. Within thirty (30) days after Upon Preliminary Approval of the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s CounselAmegy, the Settlement Administrator shall implement the Notice Program provided herein, using the forms . Notices provided under or as part 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 commencesshall not bear or include the Amegy or Bancorp logos or trademarks or the return address of Amegy or Bancorp, based upon those dates and deadlines set by the Court in the Preliminary Approval Orderor otherwise be styled to appear to originate from Amegy or Bancorp.
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 Period56. Any Settlement Class member Member who does not timely and validly request to opt out shall be bound by the terms of this Agreement.
6157. The Notice also Program shall include a procedure for provide notice to Settlement Class Members to object in two ways: the Mailed Notice and the Long-Form Notice. Additionally, Amegy shall post a link to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or a Service Award to Website on its homepage as long as the Class RepresentativeSettlement Website remains active.
58. Objections to the Settlement, Settlement or to the application for fees and fees, costs, and/or to the expenses, and Service Award must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx Bank’s counsel, and the Settlement Administratorcounsel for Amegy. For an objection to be considered by the Court, the objection must be submitted mailed first-class postage prepaid and addressed in accordance with the instructions and the postmark date indicated on the envelope must be no later than the last day of the Opt- Opt-Out Period, as specified in the Mailed Notice and the Long-Form 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.
6259. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s his counsel;
e. the number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case;
f. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
g. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that the objector files the objection, if anythe caption of each case in which the counsel or the firm has made such objection, and a copy of any orders related to or bearing upon counsel’s or the firm’s prior such objections that were issued by the trial and appellate courts in each listed case;
h. any and all agreements that relate to the objection or the process of objecting- whether written or oral-between objector or objector’s counsel and any other person or entity;
i. the identity of all counsel representing the objector who will appear at the Final Approval Hearing;
f. j. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. x. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. l. the objector’s signaturesignature (an attorney’s signature is not sufficient).
6360. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with Within twenty-eight (28) days after the Connecticut Rules of Civil Procedure.
64. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once date the Settlement Administrator has receives from Class Counsel and Amegy the list data files that identify the names and last known addresses of identifiable Settlement Class Members, the Settlement Administrator shall run the physical addresses through the National Change of Address Database Database, and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Notice postcards to all Settlement Class members receiving Members containing the Mailed Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as form approved in the Preliminary Approval Order (the “Initial Mailed Notice”).”
6661. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty fifty-six (6056) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Mailed Notice postcards to those Settlement Class members Members whose new addresses were identified as of that time through address traces (the “Notice Re-mailing Process”).
62. The Within ten (10) days after the date the Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to completes the Notice Re-mailing Process, the Settlement Administrator shall provide Amegy and Class Counsel an affidavit that confirms that the Mailed Notice was given accordance with the terms of this Agreement. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiff’s motion for final approval of the Settlement.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
6863. All costs of the Notice Program and the Settlement Administrator’s fees and expenses related to the Notice Program thereto shall be paid from the Settlement Fund after approval by Class CounselAmount.
6964. Within the provisions parameters set forth in this Section IXVIII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton BankAmegy.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 59. Within thirty (30) days after After the Court enters an Order Granting Preliminary Approval of the Settlement, at every Settlement Class Member will be sent the direction Class Notice Packet (which will include the Class Notice completed to reflect the Order Granting Preliminary Approval of the Settlement and showing the Settlement Class Counsel and Xxxxxxx Xxxxxx BankMember’s CounselSettlement Share) as follows:
i. No later than 21 days after the Court enters an Order Granting Preliminary Approval of the Settlement, Defendant will provide to 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 an electronic database containing each Settlement Class members may exclude themselves from, or “opt-out” of, the Settlement Class; a date by which Member’s 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 informationData. 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 If any or all of the Settlement Class at any time during Data is unavailable to Defendant (with the Opt-Out Period, provided exception of telephone numbers and email addresses which the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Any Parties understand may not be available for every 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 member), Defendant will so inform Settlement Class Members Counsel and the Parties will make their best efforts to object to reconstruct or otherwise agree upon the Settlement and/or Class Data prior 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 when it must be mailed submitted to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx Bank’s counsel, and the Settlement Administrator. For an objection This information will otherwise remain confidential and will not be disclosed to be considered anyone, except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in section III.5.b.iii., or pursuant to Defendant’s express written authorization or by order of the Court. All Settlement Class Data will be used for settlement notification and settlement administration and shall not be used for any other purpose by Settlement Class Counsel or the Settlement Administrator. This provision shall not be construed to impede Settlement Class Counsel’s ability to discharge their fiduciary duties to the Settlement Class, the objection must be submitted no later than the last day and if additional disclosures are necessary, Settlement Class Counsel will obtain written authorization of the Opt- Out Period, as specified in the Notice. If submitted by mail, Defendant and/or 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 order from the Court, the objection must also set forth:
a. the name of the Action;
b. the objector’s full name, address and telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
64. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once the Settlement Administrator has the list of Settlement Class Members, the The Settlement Administrator shall run provide reasonable and appropriate administrative, physical, and technical safeguards for any personally identifiable information (“PII”) that it receives from Defendant; and promptly provide Defendant with notice if PII is subject to unauthorized access, use, disclosure, modification, or destruction.
ii. The Settlement Administrator shall update the physical addresses through Settlement Class Data using the National Change of Address Database database prior to mailing the Class Notice Packets. Using best efforts to mail it as soon as possible, and in no event later than 14 days after receiving the Settlement Class Data, the Settlement Administrator will mail the Class Notice Packets to all Settlement Class Members via first- class regular U.S. Mail using the mailing address information provided by Defendant, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement. The Class Notice, and any email containing the re-mailed Class Notice, shall include a Spanish translation. The envelope of the Class Notice Packet shall be substantially in the form attached hereto as Exhibit A and shall mail to all such include an advisory about the content in both English and Spanish.
iii. If a Class Notice Packet is returned because of an incorrect address, the Settlement Administrator will promptly, and not longer than fourteen (14) days from receipt of the returned packet, search for a more current address for the Settlement Class members Postcard NoticeMember, and re-mail the Class Notice Packet to the Settlement Class Member. The Settlement Administrator shall will also send out Email email a copy of the re-mailed Class Notice to all the Settlement Class members receiving Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
66Member if there is an available email address in the Settlement Class Data. The Settlement Administrator shall perform will be responsible for taking reasonable steps, consistent with its agreed-upon job parameters, Court orders, and fee, as agreed to with Settlement Class Counsel and Defendant’s Counsel and according to the following deadlines, to trace the mailing address traces of any Settlement Class Member for all Initial Mailed whom a Class Notice postcards that are Packet is returned by the U.S. Postal Service as undeliverable. A These reasonable tracing procedure would steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address using available email addresses, phone numbers, social security numbers, and credit reports; and promptly re-mailing to Settlement Class Members for whom new addresses are found. If the Class Notice Packet is re-mailed, the response date for written objections, disputes and opt-outs will be extended an additional 15 days, this extended response date will be set forth in the re-mailed Class Notice, and the Settlement Administrator will note for its own records and notify Settlement Class Counsel and Defendant’s Counsel of the date and address of each such re-mailing as part of a weekly status report provided to run addresses the Parties.
iv. As part of returned postcards through its weekly status report, the Lexis/Nexis database that can be utilized for such purpose. No Settlement Administrator will inform Settlement Class Counsel and Defendant’s Counsel of the number of Elections Not to Participate in Settlement it receives (including the numbers of valid and deficient), and number of objections received.
v. Not later than sixty (60) 10 days before the date by which Plaintiff files the motion for final approval of the Settlement, the Settlement Administrator will provide the Parties for filing with the Court a declaration of due diligence setting forth its compliance with its obligations under this Agreement and detailing the Elections Not to Participate in Settlement it received (including the numbers of valid and deficient Elections) and objections received. The Settlement Administrator will provide a draft declaration to the Parties for review and comment prior to finalizing it. Prior to the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing will supplement its declaration of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid due diligence if any material changes occur from the Settlement Fund after approval by Class Counsel.
69. Within the provisions set forth in this Section IX, further specific details date of the Notice Program shall be subject to the agreement filing of Class Counsel and Chelsea Groton Bankits prior declaration.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Notice to Settlement Class Members. 5940. Within thirty (30) days after Preliminary Approval of The Parties agree the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s Counsel, the Settlement Administrator shall implement the following 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, provides reasonable notice to 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.
6041. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
64. Direct Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders Members via U.S. Mail for Settlement Class Members for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once the Settlement Administrator has a valid address. Additional Notice may be provided via publication pursuant to Paragraph 28, to the list extent such notice is deemed appropriate by the Settlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances.
42. Within fifteen (15) Days of the entry of the Preliminary Approval Order, Defendant shall provide the Settlement Administrator with the names and last addresses known to Defendant for the Settlement Class Members (the “Class List”). The Settlement Administrator shall, by using the National Change of Address database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses.
43. Within forty-five (45) Days following entry of the Preliminary Approval Order (“Notice Date”), the Settlement Administrator shall mail the Postcard Notice to all Settlement Class Members by first class United States mail. The Settlement Administrator shall mail a Claim Form to Settlement Class Members upon written or telephonic request.
44. If any Short-Form Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall re-mail the Postcard Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Other than as set forth above, neither the Parties nor the Settlement Administrator shall have any other obligation to re-mail Notices.
45. The mailed notice will consist of the Postcard Notice substantially in the form of Exhibit C. The Settlement Administrator shall have discretion to format this Postcard Notice in a reasonable manner to minimize mailing and administrative costs. Before the mailing of the Postcard Notice is commenced, Class Counsel and Defendant’s Counsel shall first be provided with a proof copy (including 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 the Court’s orders.
46. No later than forty-five (45) Days following entry of the Preliminary Approval Order, the Settlement Administrator shall effectuate any publication notice made pursuant to paragraph 30, to the extent that this notice is deemed to be necessary by the Parties.
47. No later than forty-five (45) Days following entry of the Preliminary Approval Order, and prior to the mailing of the Postcard Notice to all Settlement Class Members, the Settlement Administrator shall run the physical addresses through the National Change of Address Database and shall mail to all such will create a dedicated Settlement Class members Postcard NoticeWebsite. The Settlement Administrator shall also send out Email Notice cause the CAC, Postcard Notice, Long-Form Notice, Claim Form, this Settlement Agreement, and other relevant settlement and court documents to all be available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by counsel for the Parties, which approval shall not be unreasonably withheld, by Class members receiving Notice by that methodCounsel and Defendant’s Counsel. The initial Postcard website address and the fact that a more detailed Long-Form Notice and Email Notice a Claim Form are available through the website shall be referred to as “Initial Mailed included in the Postcard Notice.”
6648. Claimants shall be able to submit their claims via the website.
49. The Settlement Administrator Website shall perform reasonable address traces for all Initial Mailed be maintained from the Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than Date until sixty (60) days before Days after the Claims Deadline has passed.
50. Claim Forms shall be returned or submitted to the Settlement Administrator online or via U.S. mail, postmarked by the Claims Deadline set by the Court, or be forever barred unless such claim is otherwise approved by the Court at the Final Approval Hearing, for good cause shown as demonstrated by the applicable Settlement Class Member.
51. Prior to the Final Approval Hearing, the Settlement Administrator shall complete provide to Class Counsel to file with the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid Court, an appropriate affidavit or declaration from the Settlement Fund after approval by Class CounselAdministrator concerning compliance with the Court-approved Notice Program.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5980. Within thirty (30) days As soon as practicable 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 SettlementSettlement including the non-monetary relief; a date by which Settlement Class members may exclude themselves from, from or “opt-out” of, of the Settlement Class; a date by which Settlement Class Members members may object to the Settlement; the date on upon 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 Allstate 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 and publications provided under or as part of the Notice Program shall not bear or include the Allstate logo or trademarks or the return address of Allstate, or otherwise be styled to appear to originate from Allstate.
6081. The Notice also shall include a procedure for Settlement Class members to opt opt-out of the Settlement Class. A Settlement Class member may opt 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 opt-out shall be bound by the terms of this Agreement. Requests for exclusion from the Settlement must be delivered to the Settlement Administrator via mail.
6182. The Notice also shall include a procedure for Settlement Class Members members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees fees, costs and costs expenses 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 forthAll such objections must:
a. be in writing; b. clearly identify the case name of the Action;
b. the objector’s full name, address and telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
64. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once the Settlement Administrator has the list of Settlement Class Members, the Settlement Administrator shall run the physical addresses through the National Change of Address Database and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Notice to all Settlement Class members receiving Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class Counsel.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5940. Within thirty (30) days after Preliminary Approval of The Parties agree the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s Counsel, the Settlement Administrator shall implement the following 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, provides reasonable notice to 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.
6041. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
64. Direct Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders Members via U.S. Mail for Settlement Class Members for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once the Settlement Administrator has a valid address. Additional Notice may be provided via publication pursuant to Paragraph 28, to the list extent such notice is deemed appropriate by the Settlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances.
42. Within fifteen (15) Days of the entry of the Preliminary Approval Order, Defendant shall provide the Settlement Administrator with the names and last addresses known to Defendant for the Settlement Class Members (the “Class List”). The Settlement Administrator shall, by using the National Change of Address database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses.
x. Xxxxxx shall provide the Class List to the Claims Administrator only for the purposes of settlement administration. The Claims Administrator shall not provide the Class List to Class Counsel.
b. To the extent Class Counsel learns the identity of and/or address or email address of any Settlement Class Member(s) in connection with the settlement administration process, including but not limited to by Class Counsel being contacted by any Settlement Class Member(s) based on such Settlement Class Member(s) receiving Class Counsel’s contact information on the Class Notice and/or Claim Form, Class Counsel shall not use that information for any purpose other than assisting Settlement Class Member(s) with the settlement administration process. Class Counsel shall not use information obtained through the settlement administration process regarding the identity of and/or last-known address of any Class Member(s) to solicit or notify any such Settlement Class Member(s) about any other currently-pending or future actions that such Settlement Class Member(s) may be able to join and/or bring. Nothing in this Settlement Agreement shall restrict Class Counsel’s ability and right to represent any Class Member(s) in this Action or in any other currently-pending or future action in the event that such Settlement Class Member(s) independently approach(es) Class Counsel or is approached by Class Counsel without using information obtained in connection with the settlement administration process in this Action, seeking representation in connection with their potential rights to assert claims against any entity.
43. Within forty-five (45) Days following entry of the Preliminary Approval Order (“Notice Date”), the Settlement Administrator shall mail the Postcard Notice to all Settlement Class Members by first class United States mail. The Settlement Administrator shall mail a Claim Form to Settlement Class Members upon written or telephonic request.
44. If any Short-Form Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall re-mail the Postcard Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Other than as set forth above, neither the Parties nor the Settlement Administrator shall have any other obligation to re-mail Notices.
45. The mailed notice will consist of the Postcard Notice, which will contain substantially similar information set forth in Exhibit C - Short Form Notice. The Settlement Administrator shall have discretion to format this Postcard Notice in a reasonable manner to minimize mailing and administrative costs. Before the mailing of the Postcard Notice is commenced, Class Counsel and Defendant’s Counsel shall first be provided with a proof copy (including 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 the Court’s orders.
46. No later than forty-five (45) Days following entry of the Preliminary Approval Order, and prior to the mailing of the Postcard Notice to all Settlement Class Members, the Settlement Administrator shall run the physical addresses through the National Change of Address Database and shall mail to all such will create a dedicated Settlement Class members Postcard NoticeWebsite [xxx.xxxxxxxxxxxxxxxxxx.xxx]. The Settlement Administrator shall also send out Email Notice cause the CAC, Postcard Notice, Long-Form Notice, Claim Form, this Settlement Agreement, and other relevant settlement and court documents to all be available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by counsel for the Parties, which approval shall not be unreasonably withheld, by Class members receiving Notice by that methodCounsel and Defendant’s Counsel. The initial Postcard website address and the fact that a more detailed Long-Form Notice and Email Notice a Claim Form are available through the website shall be referred to as “Initial Mailed included in the Postcard Notice.”
6647. Claimants shall be able to submit their claims via the website.
48. The Settlement Administrator Website shall perform reasonable address traces for all Initial Mailed be maintained from the Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than Date until sixty (60) days before Days after the Claims Deadline has passed.
49. Claim Forms shall be returned or submitted to the Settlement Administrator online or via U.S. mail, postmarked by the Claims Deadline set by the Court, or be forever barred unless such claim is otherwise approved by the Court at the Final Approval Hearing, for good cause shown as demonstrated by the applicable Settlement Class Member.
50. Prior to the Final Approval Hearing, the Settlement Administrator shall complete provide to Class Counsel to file with the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid Court, an appropriate affidavit or declaration from the Settlement Fund after approval by Class CounselAdministrator concerning compliance with the Court-approved Notice Program.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5949. Within thirty (30) days after Preliminary Approval of The Parties agree the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s Counsel, the Settlement Administrator shall implement the following 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, provides reasonable notice to 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.
6050. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
64. Direct Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders Members by First Class U.S. Mail for Settlement Class Members for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once the Settlement Administrator has a valid address. Additional Notice may be provided via publication as described in Paragraph 36, to the list of Settlement Class Members, extent such notice is deemed appropriate by the Settlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances.
51. Within seven (7) Days of the entry of the Preliminary Approval Order, Guardian shall run the physical addresses through the National Change of Address Database and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Notice to all Settlement Class members receiving Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) days before the Final Approval Hearing, provide the Settlement Administrator shall complete and Class Counsel with the renames and last-mailing of Postcard Notice known addresses known to those Guardian for the Settlement Class members whose new addresses were identified as of that time through address traces Members (the “Notice Re-mailing ProcessClass List”). The Settlement Administrator shall, by using the National Change of Address database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses.
52. Within twenty-one (21) Days following entry of the Preliminary Approval Order (“Notice Date”), the Settlement Administrator shall also send mail the Postcard Notice or SSN Postcard Notice to all Settlement Class members whose Email Members by first class United States mail. It has been mutually agreed by the Parties that the Settlement Administrator may rely upon Postcard Notice.
53. If any Postcard Notice were or SSN Postcard Notice is returned by the Postal Service as undeliverable undeliverable, the Settlement Administrator shall re-mail the Postcard Notice or SSN Postcard Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Other than as set forth above, neither the Parties nor the Settlement Administrator shall have any other obligation to re-mail Notices.
54. The mailed notice will consist of the Postcard Notice, substantially in the form of Exhibit C, or the SSN Postcard Notice, substantially in the form of Exhibit D. The Settlement Administrator shall have discretion to format this Postcard Notice and complete such SSN Postcard Notice in a reasonable manner to minimize mailing and administrative costs. Before the mailing of the Postcard Notice and SSN Postcard Notice is commenced, Class Counsel, Guardian and Actimize’s Counsel, and Xxxxxxx Bank’s Counsel shall first be provided with a proof copy (including 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 the Court’s orders.
55. No later than twenty-one (21) Days following entry of the Preliminary Approval Order, the Settlement Administrator shall effectuate any publication notice made pursuant to Paragraph 36.
56. No later than twenty-one (21) Days following entry of the deadlines described herein as they relate Preliminary Approval Order, and prior to the mailing of the Postcard Notice Reand SSN Postcard Notice, the Settlement Administrator will create a dedicated Settlement Website. The Settlement Administrator shall cause the CAC, Postcard Notice, SSN Postcard Notice, Long-mailing ProcessForm Notice, Claim Form, this Settlement Agreement, and other relevant settlement and court documents to be available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by counsel for the Parties, which approval shall not be unreasonably withheld. The website address and the fact that a more detailed Long-Form Notice and a Claim Form are available through the website shall be included in the Postcard Notice and SSN Postcard Notice.
6757. Claimants shall be able to submit their claims via the Settlement Website.
58. The Notice Program (which is composed of both the Initial Mailed Notice and Settlement Website shall be maintained from the Notice Re-mailing Process) shall be completed no later than Date until sixty (60) days before Days after the Claims Deadline has passed 59. Claim Forms shall be returned or submitted to the Settlement Administrator online or via U.S. mail, postmarked by the Claims Deadline set by the Court, or be forever barred unless such claim is otherwise approved by the Court at the Final Approval Hearing, for good cause shown as demonstrated by the applicable Settlement Class Member.
68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class Counsel.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5935. Within thirty (30) days after Upon 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 date, time, and location of the Final Approval Hearing is scheduled to occurHearing; and the address of the Settlement Website at which Settlement Class members Members may access this Agreement Agreement, and other related documents and information. Class Counsel and Xxxxxxx Xxxxxx Bank Berkshire 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 Berkshire’s logos or trademarks or the return address of Berkshire, or otherwise be styled to appear to originate from Berkshire.
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.
6136. 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 fees, costs and costs expenses and/or a Service Award to the Class RepresentativeXxxxxx. Objections to the Settlement, to the application for fees and fees, costs, expenses, and/or to the Service Award must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx Bankand Berkshire’s counsel, and the Settlement Administrator.
37. For an objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt- Out PeriodObjection Deadline, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the postmark date reflected on envelope if mailed first-class postage prepaid and addressed in accordance with the envelopeinstructions. If submitted by private courier (e.g., FedExFederal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
6238. For an objection to be considered by the Court, the objection must also set forth:
a. the The name of the Action;
b. the The objector’s full name, address and address, telephone number, and email address;
c. an explanation of the basis upon which The contact information for any attorney representing the objector claims to be a Settlement Class Memberin connection with the objection or otherwise in connection with this case;
d. all grounds A brief statement of the factual and legal basis for each objection, and any exhibits the objector wishes the Court to consider in connection with the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing A statement as to whether the objector who will intends to appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at , either in person or through counsel, and, if through counsel, identifying the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearingcounsel by name, address, telephone number, and email address; and
h. the f. The objector’s signaturesignature (an attorney signature is not sufficient).
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
6439. Notice shall be provided to Settlement Class members Members in three two different waysformats: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Mail Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addressesSettlement Class Members, and for whom Email Long-Form Notice is returned undeliverable; and Long Form Notice, which shall be available posted on the Settlement Website and/or via mail upon a Settlement Class memberWebsite. The Mail Notice and Long-Form Notice to which the Parties have agreed and for which they will seek the Court’s request. Not all Settlement Class members will receive all forms of Noticeapproval are attached to this Agreement as Exhibits 2 and 3, as detailed hereinrespectively.
6540. Once Pursuant to a Confidentiality or Non-Disclosure Agreement in a form acceptable to Berkshire, which the Settlement Administrator has shall be required to sign, Berkshire shall provide to the list Settlement Administrator data files that identify for each discharged mortgage covered by the Settlement, subject to the availability of information in reasonably accessible electronic form, the names of all borrowers listed on the mortgage, the physical address of the property subject to the mortgage, and the last known mailing address provided to Berkshire for notices concerning the mortgage (the “Class Member List”). Neither Berkshire nor the Settlement Administrator shall provide such data files or any of the information that they contain to Class MembersCounsel without Berkshire’s written consent or by order of the Court. Thereafter, the Settlement Administrator shall run the physical mailing addresses through the National Change of Address Database and shall mail to all such Settlement Class members Postcard NoticeDatabase. The Settlement Administrator shall also send out Email mail the Mail Notice to all Settlement Class members receiving Notice by that methodMembers within thirty (30) days of Preliminary Approval.
41. As soon as practicable following Preliminary Approval, but prior to the sending of Mail Notice, the Settlement Administrator shall establish the Settlement Website and a toll-free telephone line for Settlement Class Members to call with questions. The initial Postcard Internet address (URL) of the Settlement Website and the toll-free number shall be included in forms of Notice sent to Settlement Class Members. The Settlement Website shall include this Agreement, the Long-Form Notice, the order preliminarily approving this Settlement, and Email such other documents as Class Counsel and Berkshire agree to post or that the Court orders posted on the website. The telephone line shall be capable of providing general information concerning the Settlement, including deadlines for objecting to the Settlement, and the dates of relevant Court proceedings, including the Final Approval Hearing. The URL of the Settlement Website shall be xxx.XxxxxxxxxXxxxXxxxxxxxxXxxxxxxxxx.xxx or such other URL as Class Counsel and Berkshire xxx subsequently agree upon in writing. The Settlement Website and toll-free number shall be maintained at least through the Effective Date. The Settlement Website shall not include any advertising, and shall not bear or include Berkshire’s logos or trademarks. Operation of the Settlement Website shall cease no sooner than ten (10) days after the Effective Date, or by such other date as Class Counsel and Berkshire shall agree, and ownership of the Settlement Website URL shall be transferred to Berkshire within ten (10) days of the date on which operation of the Settlement Website ceases. The Settlement Administrator shall cause to be maintained a record of activities, including logs of inquiries to the Settlement Website, downloads, phone calls, and/or mailings, and shall ensure that a running tally is kept of the number and types of materials mailed by it or downloaded from the Settlement Website in a computerized database form.
42. The Settlement Administrator shall mail Mail Notice to Settlement Class Members by first class mail, postage prepaid. For each discharged mortgage covered by the Settlement, the Mail Notice shall be referred addressed to all borrowers listed on the mortgage, and mailed to the last known mailing address provided to Berkshire for notices concerning the mortgage, as “Initial Mailed Notice.”
66may be updated by the Settlement Administrator. The In addition, the Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards Mail Notices that are returned by the Postal Service as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty , and shall, within ten (6010) days before the Final Approval Hearingdays, the Settlement Administrator shall complete the re-mailing of Postcard Notice mail Mail Notices to those Settlement Class members Members whose new addresses were identified as of that time through address traces (the “Notice Re-mailing Process”).
43. The Settlement Administrator shall also send Postcard maintain a database showing addresses to which each Mail Notice to all Settlement Class members whose Email Notice was sent and any Mail Notices that were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67not delivered. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class Counsel.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.At least fourteen
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5955. Within thirty (30) days As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s CounselDefendants’ counsel, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval OrderCourt. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class members Members may exclude themselves from, from or “opt-out” of, of the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the means by which Settlement Class Members may submit Claim Forms and the date on upon which Claim Forms must be submitted; a date by which the Final Approval Hearing is scheduled to occur; and the address of the Settlement Website at which Settlement Class members Members may access this Agreement Agreement, the Electronic Claim Form, and other related documents and information. Class Counsel and Xxxxxxx Xxxxxx Bank Defendants 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.
6056. The Notice also shall include a procedure for Settlement Class members to opt the opt-out of the Settlement Classprocedures. A Settlement Class member may opt opt-out of the Settlement Class at any time during on or before the Opt-Out PeriodDeadline, provided the opt-opt- out notice is postmarked no later than the last day of the Opt-Out PeriodDeadline. Any Settlement Class member Member who does not timely and validly request to opt opt-out shall be bound by the terms of this Agreement.
6157. 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 Class Counsel Fees and/or a Service Award to Awards for the Class RepresentativeRepresentatives. Objections to the Settlement, to the application for fees and costs, Class Counsel Fees and/or to the Service Award Awards must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx Bank’s Defendants’ 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- Opt-Out PeriodDeadline, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted on when postmarked if mailed first-class postage prepaid and addressed in accordance with the postmark date reflected on the envelopeinstructions. If submitted by private courier (e.g., FedExFederal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
6258. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. the number of times the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;
e. the identity of all counselcounsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
f. the identity of all counsel (if any, ) representing the objector who will appear at the Final Approval Hearing;
f. g. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. i. the objector’s signature.
63signature (an attorney’s signature is not sufficient). Class Counsel and/or Xxxxxxx Xxxxxx Bank Defendants may conduct limited discovery on any objector consistent with the Connecticut Missouri Rules of Civil Procedure.
6459. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, Members and for whom Email Notice is returned undeliverable; and shall include the following:
a. Long Form Notice, which shall will be available posted on the Settlement Website and/or via mail upon a and sent to Settlement Class memberMembers who so request;
b. Short Form Notice, which will be sent in two ways: (1) via postcard, pre-paid postage, with a detachable claim form that is pre-filled with the claimant’s request. Not all information and served by direct mail to the policy or last known address of the insured, including skip trace remailing for any undelivered mail (“Mailed Notice”) and (2) via email, to the extent such addresses are kept by Defendants (“Email Notice”).
i. Email Notice shall be sent to each Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once Member on five occasions and on dates suggested by the Settlement Administrator has and shall include a hyperlink to the Claim Form on the Settlement Website. The Claim Form on the website shall be prepopulated;
ii. Mailed Notice shall be sent on three occasions and on dates suggested by the Settlement Administrator; and
iii. Settlement Class Members for whom Defendants maintain physical addresses and email addresses, shall be sent both Mailed Notice and Email Notice.
c. Internet Notice, which shall consist of Banner Advertisements targeted by geography that will direct people to the Settlement Website to complete an online claim form.
d. Publication Notice, which shall consist of a Banner Advertisement in newspapers that is circulated state-wide.
60. Defendants will make available to Class Counsel and the Settlement Administrator the Class Data which will include the list of Settlement Class Members, . The Class Data shall be provided to Class Counsel no later than 7 days after the Preliminary Approval Order. Defendants will bear the expense of extracting the Class Data.
61. The Settlement Administrator shall run the physical mailing addresses provided by Defendants through the National Change of Address Database and shall shall, within 21 days of Preliminary Approval, mail to all such Settlement Class members Postcard Members the Mailed Notice.
62. The Settlement Website shall be established and live no later than 10 days after Preliminary Approval and shall contain important information and documents, including an online Claim Form and ability to submit the Claim Form via the Settlement Website.
63. The live call center shall be established and live no later than 10 days after Preliminary Approval and will be live 24/7 with a person who will answer Settlement Class Members’ questions using an agreed upon script and can further take name, address and relevant information to send out the Long Form Notice.
64. The Settlement Administrator shall also send out Email Notice to retain a record of all Settlement Class members receiving Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant procedures and provide periodic updates to the deadlines described herein as they relate to Parties during the Notice Re-mailing Processnotice period.
6765. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) 60 days before the Final Approval Hearing.
6866. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class CounselDefendants.
6967. Within the provisions set forth in this Section IXVI, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton BankDefendants.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5965. Within thirty (30) Beginning no later than 120 days after following entry of the Preliminary Approval of the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s CounselOrder, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval OrderCourt. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class members Members may exclude themselves from, from or “opt-out” of, of the Settlement Class; a date by which Settlement Class Members may object to the SettlementSettlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or the Service Awards for the Class Representatives; the date on upon which the Final Approval Hearing is scheduled to occur; and the address of the Settlement Website at which Settlement Class members Members may access this Agreement and other related documents and information. Class Counsel and Xxxxxxx Xxxxxx Bank 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 Defendant’s logo or trademarks or the return address of Defendant, or otherwise be styled to appear to originate from Defendant. Within a reasonable time before initiating the Email Notice and Postcard Notice, the Settlement Administrator shall establish the Settlement Website.
6066. The Long Form Notice also shall include a procedure for Settlement Class members to opt opt-out of the Settlement Class, and the Email Notice and Postcard Notice shall direct Settlement Class members to review the Long Form Notice to obtain the instructions. A Settlement Class member may opt opt-out of the Settlement Class at any time during the Opt-Out Period, provided Period by mailing a request for exclusion to the opt-out notice is Settlement Administrator postmarked no later than the last day of the Opt-Out Period. The request for exclusion must state the Settlement Class member’s name, the last four digits of the member number(s), address, telephone number, and email address, and include a statement indicating a request to be excluded from the Settlement Class. Any Settlement Class member Member who does not timely and validly request to opt opt-out shall be bound by the terms of this Agreement. If an Account has more than one Account Holder, and if one Account Holder excludes himself or herself from the Settlement Class, then all Account Holders on that Account shall be deemed to have opted-out of the Settlement with respect to that Account, and no Account Holder shall be entitled to a payment under the Settlement.
6167. The Long Form 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 the Service Award to Awards for the Class RepresentativeRepresentatives, and the Email Notice and Postcard Notice shall direct Settlement Class members to review the Long Form Notice to obtain the instructions. Objections to the Settlement, to the application for attorneys’ fees and costs, and/or to the Service Award Awards must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx BankDefendant’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- Opt-Out Period, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the postmark date reflected on envelope if mailed first-class postage prepaid and addressed in accordance with the envelopeinstructions. If submitted by private courier (e.g., FedExFederal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
6268. 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 mailing address, telephone number, and email address (if any);
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. the number of times the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;
e. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
f. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five years;
g. any and all agreements that relate to the objection or the process of objecting— whether written or oral—between objector or objector’s counsel and any other person or entity;
h. the identity of all counsel (if any, ) representing the objector who will appear at the Final Approval Hearing;
f. i. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objectionobjection (if any);
g. x. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. x. the objector’s signature.
63signature (an attorney’s signature is not sufficient). Class Counsel and/or Xxxxxxx Xxxxxx Bank Defendant may conduct limited discovery on any objector or objector’s counsel consistent with the Connecticut Georgia Rules of Civil Procedure.
6469. For those Settlement Class Members who are Current Account Holders and have agreed to receive Account statements from Defendant electronically, Defendant shall provide the Settlement Administrator with the most recent email addresses it has for these members. The Settlement Administrator shall send the Email Notice to each such member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Settlement Administrator shall send a Postcard Notice in the manner described below. The Email Notice shall inform Settlement Class Members how they may request a copy of the Long Form Notice.
70. For those Settlement Class Members who are Current Account Holders of Defendant who have not agreed to receive Account statements from Defendant electronically, or are Past Account Holders, the Postcard Notice shall be mailed to these members by first class United States mail to the best available mailing addresses. Defendant shall provide the Settlement Administrator with last known mailing addresses for these members. Prior to mailing the Postcard Notice, the Settlement Administrator shall run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Postcard Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Postcard Notice to the forwarding address. For all mailed Postcard Notices that are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Postcard Notice once to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. The Postcard Notice shall inform Settlement Class Members how they may request a copy of the Long Form Notice.
71. The Settlement Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. In addition to weekly updates to the Parties regarding the progress of the Notice Program and the declaration or affidavit by the Settlement Administrator in advance of the Final Approval Hearing and in support of the motion for Final Approval, a summary report of the Notice Program shall be provided to the Parties three days prior to the Final Approval Hearing. The database maintained by the Settlement Administrator regarding the Notices shall be available to the Parties and the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party. To the extent the database is provided to Class members in three different ways: Email Notice to Account Holders Counsel, it shall be kept confidential, not be shared with any third party and used only for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addressespurposes of implementing the terms of this Agreement, and shall not be used for whom any other purposes.
72. The Email Notice is returned undeliverable; Notice, Postcard Notice, and Long Form NoticeNotice shall be in forms approved by the Court, which and substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The Parties may by mutual written consent make non-substantive changes to the Notices without Court approval. A Spanish language translation of the Long Form Notice shall be available on the Settlement Website and/or via mail upon a and be provided to Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once the Settlement Administrator has the list of Settlement Class Members, the Settlement Administrator shall run the physical addresses through the National Change of Address Database and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Notice to all Settlement Class members receiving Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid Members who request it from the Settlement Fund after approval by Class CounselAdministrator.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bank.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5950. Within thirty (30) days As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx BankApple FCU’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, from or “opt-out” of, of the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date on upon 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 Apple FCU 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 and publications provided under or as part of the Notice Program shall not bear or include the Apple FCU logo or trademarks or the return address of Apple FCU, or otherwise be styled to appear to originate from Apple FCU.
6051. The Notice also shall include a procedure for Settlement Class members Members to opt opt-out of the Settlement Class. A Settlement Class member may opt 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 Member who does not timely and validly request to opt opt-out shall be bound by the terms of this Agreement.
6152. 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 fees, costs and costs expenses and/or a Service Award Awards to the Class RepresentativeRepresentatives. Objections to the Settlement, to the application for fees and fees, costs, expenses, and/or to the Service Award Awards must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx Bankand Apple FCU’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- Opt-Out Period, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the postmark date reflected on envelope if mailed first-class postage prepaid and addressed in accordance with the envelopeinstructions. If submitted by private courier (e.g., FedExFederal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
6253. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counselcounsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
f. any and all agreements that relate to the objection or the process of objecting – whether written or oral – between objector or objector’s counsel and any other person or entity;
g. the identity of all counsel (if any, ) representing the objector who will appear at the Final Approval HearingHearing and/or any other person or persons who are providing any form of assistance to the objector in connection with his or her objection(s);
f. h. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. i. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. j. the objector’s signature.
63signature (an attorney’s signature is not sufficient). Class Counsel and/or Xxxxxxx Xxxxxx Bank Apple FCU may conduct limited discovery on any objector consistent with the Connecticut Federal Rules of Civil Procedure.
6454. Notice shall be provided to Settlement Class members in three different ways: Email Notice notice to Current Account Holders for whom Xxxxxxx Xxxxxx Bank Apple FCU has email addressesaddresses (“Email Notice”) and who have agreed to accept their monthly account statements by email; postcard Notice (“Postcard Notice sent by U.S. mail Notice”) to those Current Account Holders for whom Xxxxxxx Xxxxxx Bank does who have not have valid agreed to accept their monthly account statements by email addresses, and for whom Email Notice is returned undeliverableto Past Account Holders; and Long-Form Notice with details regarding the Settlement (“Long Form Notice, which shall be available ”) on the Settlement Website and/or via mail upon a Settlement Class member’s requestWebsite. Email Notice and Postcard Notice shall collectively be referred to as “Mailed Notice.” Not all Settlement Class members will receive all forms of Notice, as detailed herein.
6555. Once Apple FCU will take all reasonable steps to cooperate with Class Counsel and its expert to make available the necessary data to Class Counsel’s expert to determine Settlement Class membership, consistent with Paragraph 46, above. The availability of the data necessary for Class Counsel’s expert to compile the Settlement Administrator has Class membership list shall be provided as soon as practicable. Apple FCU will bear the list expense of extracting the necessary data to make available to Class Counsel’s expert for analysis (provided that the data is obtainable without undue burden or expense to Apple FCU), while Class Counsel shall be responsible for paying Class Counsel’s expert, who will analyze the data provided to determine Settlement Class Members, membership as well as the amount of each Settlement Class member’s damages. The Settlement Administrator shall run the physical addresses through the National Change of Address Database and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Notice to all Settlement Class members receiving Notice by that method. The initial Mailed Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
6656. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable By way of example, a “reasonable” tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) 60 days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members members’ whose Email Notice emails were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
6757. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) 60 days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class Counsel.
6958. Within the provisions set forth in this Section IXVIII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton BankApple FCU.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5955. Within thirty (30) days after Upon Preliminary Approval of the Settlement, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s CounselNBAZ, the Settlement Administrator shall implement the Notice Program provided herein, using the forms . Notices provided under or as part 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 commencesshall not bear or include the NBAZ or Bancorp logos or trademarks or the return address of NBAZ or Bancorp, based upon those dates and deadlines set by the Court in the Preliminary Approval Orderor otherwise be styled to appear to originate from NBAZ or Bancorp.
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 Period56. Any Settlement Class member Member who does not timely and validly request to opt out shall be bound by the terms of this Agreement.
6157. The Notice also Program shall include a procedure for provide notice to Settlement Class Members to object in two ways: the Mailed Notice and the Long-Form Notice. Additionally, NBAZ shall post a link to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or a Service Award to Website on its homepage as long as the Class RepresentativeSettlement Website remains active.
58. Objections to the Settlement, Settlement or to the application for fees and fees, costs, and/or to the expenses, and Service Award Awards must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx Bank’s counsel, and the Settlement Administratorcounsel for NBAZ. For an objection to be considered by the Court, the objection must be submitted mailed first-class postage prepaid and addressed in accordance with the instructions and the postmark date indicated on the envelope must be no later than the last day of the Opt- Opt-Out Period, as specified in the Mailed Notice and the Long-Form 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.
6259. 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s his counsel;
e. the number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case;
f. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
g. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that the objector files the objection, if anythe caption of each case in which the counsel or the firm has made such objection, and a copy of any orders related to or bearing upon counsel’s or the firm’s prior such objections that were issued by the trial and appellate courts in each listed case;
h. any and all agreements that relate to the objection or the process of objecting- whether written or oral-between objector or objector’s counsel and any other person or entity;
i. the identity of all counsel representing the objector who will appear at the Final Approval Hearing;
f. j. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. k. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. l. the objector’s signaturesignature (an attorney’s signature is not sufficient).
6360. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with Within twenty-eight (28) days after the Connecticut Rules of Civil Procedure.
64. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once date the Settlement Administrator has receives from Class Counsel and NBAZ the list data files that identify the names and last known addresses of identifiable Settlement Class Members, the Settlement Administrator shall run the physical addresses through the National Change of Address Database Database, and shall mail to all such Settlement Class members Postcard Notice. The Settlement Administrator shall also send out Email Notice postcards to all Settlement Class members receiving Members containing the Mailed Notice by that method. The initial Postcard Notice and Email Notice shall be referred to as form approved in the Preliminary Approval Order (the “Initial Mailed Notice”).”
6661. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty fifty-six (6056) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Mailed Notice postcards to those Settlement Class members Members whose new addresses were identified as of that time through address traces (the “Notice Re-mailing Process”).
62. The Within ten (10) days after the date the Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to completes the Notice Re-mailing Process, the Settlement Administrator shall provide NBAZ and Class Counsel an affidavit that confirms that the Mailed Notice was given accordance with the terms of this Agreement. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval of the Settlement.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
6863. All costs of the Notice Program and the Settlement Administrator’s fees and expenses related to the Notice Program thereto shall be paid from the Settlement Fund after approval by Class CounselAmount.
6964. Within the provisions parameters set forth in this Section IXVIII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton BankNBAZ.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5939. Within thirty (30) days after Upon 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 Members may exclude themselves from, from or “opt-opt out” of, of the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date on upon which the Final Approval Hearing is scheduled to will occur; and the address of the Settlement Website at which Settlement Class members Members may access this Agreement and other related documents and information. Class Counsel and Xxxxxxx Xxxxxx Bank counsel for Georgia Waste 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 and publications provided under or as part of the Notice Program shall not bear or include the Waste Management or Georgia Waste logos or trademarks, the return address of Georgia Waste, or otherwise be styled to appear to originate from Georgia Waste.
6040. The Notice also shall include a procedure for Settlement Class members Members to opt out of the Settlement Class. A Settlement Class member Member may opt out of the Settlement Class at any time during before the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out PeriodDeadline. Any Settlement Class member Member who does not timely and validly request to opt out shall be bound by the terms of this Agreement.
6141. 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 fees, costs and costs and/or expenses and for a Service Award to the Class RepresentativePlaintiff. Objections to the Settlement, Settlement or to the application for fees and fees, costs, and/or to the expenses and Service Award must be mailed to the Clerk of the Court, Class Counsel, Xxxxxxx Xxxxxx BankCounsel and Georgia Waste’s counsel, and the Settlement Administrator. For an objection to be considered by the Court, the objection must be submitted received by the Court, Class Counsel and Georgia Waste’s counsel 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.
62Objection Deadline. For an objection to be considered by the Court, the objection must also set forth:
a. the name of the ActionActions;
b. the objector’s full name, address and telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s his counsel;
e. the number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case;
f. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application;
g. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that the objector files the objection, if any, the caption of each case in which the counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the firm’s prior such objections that were issued by the trial and appellate courts in each listed case;
h. any and all agreements that relate to the objection or the process of objecting – whether written or verbal – between objector or objector’s counsel and any other person or entity;
i. the identity of all counsel representing the objector who will appear at the Final Approval Hearing;
f. j. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. x. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. l. the objector’s signaturesignature (an attorney’s signature is not sufficient).
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
6442. Notice shall be provided to Settlement Class members Members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addressesnotice; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverablenotice; and Long Form Notice, which shall be available long-form notice on the Settlement Website and/or via mail upon a Settlement Class member’s requestWebsite. Not all Settlement Class members Members will receive all three forms of Notice, as detailed hereinbelow.
6543. Once The email notice shall be substantially in the Settlement Administrator has form attached hereto as Exhibit 1; mail notice shall be substantially in the list of Settlement Class Membersform attached hereto as Exhibit 2; the long-form notice shall be substantially in the form attached hereto as Exhibit 3.
44. By the Notice Deadline, the Settlement Administrator shall run shall: email the physical email notice to each Class member for whom Georgia Waste has an email address at the email address identified in Georgia Waste’s records; and mail, via first-class mail postcard, a mail notice to each Class member for whom Georgia Waste does not have an email address, at the address identified in Georgia Waste’s records. Before mailing postcards, the Settlement Administrator will verify and update the mailing addresses received through the United States Postal Service’s National Change of Address Database and shall mail to all such Database.
45. If a Settlement Class members Postcard NoticeMember’s email notice is returned as undeliverable, the Settlement Administrator will mail the mail notice by postcard to the Settlement Class Member in substantial compliance with the form attached as Exhibit 2 to this Agreement. If a mail notice is returned as undeliverable, the Settlement Administrator will use reasonable efforts to locate a current mailing address for the Settlement Class Member and re-mail the notice to the current address.
46. The Settlement Administrator shall also send out Email Notice to all Settlement provide Class members receiving Notice by Counsel and Georgia Waste’s counsel an affidavit that method. The initial Postcard Notice and Email Notice shall be referred to as “Initial Mailed Notice.”
66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards confirms that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program was completed in a timely manner and describes any opt-outs that were timely received. Class Counsel shall be paid from file that affidavit with the Settlement Fund after approval by Class Counsel.
69. Within the provisions set forth Court as an exhibit to or in this Section IX, further specific details conjunction with Plaintiff’s Motion for Final Approval of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton BankSettlement.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5946. Within thirty (30) 25 days after Preliminary Approval of the Settlementis granted, at the direction of Class Counsel and Xxxxxxx Xxxxxx Bank’s Counsel, CBUSA will provide to the Settlement Administrator the data files that identify the names, last known mail addresses, and, where reasonably available, last known e-mail addresses of the Settlement Class Members. The Settlement Administrator shall then 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 description of the Settlement Class members may Members’ right to “opt out” or exclude themselves from, or “opt-out” of, from the Settlement Classand the Opt-Out Deadline; a date by which description of the Settlement Class Members may Members’ right to object to the SettlementSettlement and the Objection Deadline; the date on upon which the Final Approval Hearing is scheduled to occur; a description of the Claims process; and the address of the Settlement Website at which Settlement Class members Members may file Claims and access this Agreement and other related documents and information. Class Counsel and Xxxxxxx Xxxxxx Bank Chase 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 and publications provided under or as part of the Notice Program shall not bear or include the Chase logo or trademarks or the return address of Chase, or otherwise be styled to appear to originate from Chase.
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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
6447. Notice shall be provided to Settlement Class members Members in three two different ways: Email Mail Notice; Long-Form Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon Website. Notice shall be provided substantially in a Settlement Class member’s requestform as that attached hereto as Exhibits A and B.
48. Not all Settlement Class members will receive all forms of Notice, as detailed herein.
65. Once After the Settlement Administrator has receives from Class Counsel and CBUSA the list data files that identify the names, last known mail addresses, and, where reasonably available, last known e-mail addresses of Settlement Class Members, the Settlement Administrator Administrator
(1) shall run the physical mail addresses through the National Change of Address Database and Database; shall mail send the Mail Notice to all such Settlement Class members Postcard Notice. The Settlement Administrator Members, and shall also send out Email re-mail any returned Mail Notice if reasonably practicable; and (2) shall e-mail the Mail Notice to all Settlement Class members receiving Members whose last known e-mail addresses are reasonably available (together, the “Mail Notice by that methodProgram”).
49. The initial Postcard Mail Notice and Email Notice Program shall be referred to as “Initial Mailed Noticecompleted by the Notice Deadline.”
6650. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than sixty (60) Within 25 days before the Final after Preliminary Approval Hearingis granted, the Settlement Administrator shall complete post the reLong-mailing of Postcard Form Notice to those on the Settlement Class members whose new addresses were identified as of that time through address traces (“Website.
51. Within seven days after the date the Settlement Administrator completes the Mail Notice Re-mailing Process”). The Program, the Settlement Administrator shall also send Postcard Notice to all Settlement provide Class members whose Email Notice were returned as undeliverable Counsel and complete such Notice pursuant to the deadlines described herein as they relate to Chase an affidavit that confirms that the Notice Re-mailing ProcessProgram was completed in a timely manner. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval of the Settlement.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
6852. All costs and expenses related to of the Notice Program shall be paid deducted from the Settlement Fund after approval by Class CounselFund.
6953. Within the provisions parameters set forth in this Section IXVII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton BankChase.
Appears in 1 contract
Samples: Settlement Agreement
Notice to Settlement Class Members. 5940. The Parties agree the following Notice Program provides reasonable notice to the Settlement Class.
41. Direct notice shall be provided to Settlement Class Members via Email Notice, for Settlement Class Members for whom the Settlement Administrator is provided a valid email address by Defendant, and otherwise by U.S. Mail, for Settlement Class Members for whom the Settlement Administrator has a valid address.
42. Within thirty (30) days after Days of the entry of the Preliminary Approval Order, Defendant shall provide the Settlement Administrator with the names, email addresses (if available), and last addresses known to Defendant for the patients who may be Settlement Class Members (the “Class List”). The Settlement Administrator shall, by using the National Change of Address database maintained by the SettlementU.S. Postal Service (the “Postal Service”), at obtain updates, if any, to the direction mailing addresses.
a. Defendant shall provide the Class List to the Settlement Administrator only for the purposes of Settlement administration. The Settlement Administrator shall not provide the Class List to Class Counsel.
b. To the extent Class Counsel learns the identity, address, or email address of any Settlement Class Member(s) in connection with the Settlement administration process through any means, including, but not limited to, if Class Counsel is contacted by any Settlement Class Member(s) after such Settlement Class Member(s) receive Class Counsel’s contact information on the Class Notice or Claim Form, Class Counsel shall not use that information for any purpose other than assisting Settlement Class Member(s) with the Settlement process. Class Counsel shall not use information obtained through the Settlement administration process regarding the identity of and/or last-known address or email address of any Class Member(s) to solicit or notify any such Settlement Class Member(s) about any other currently-pending or future actions that such Settlement Class Member(s) may be able to join and/or bring. Nothing in this Settlement Agreement shall restrict Class Counsel’s ability and Xxxxxxx Xxxxxx Bank’s Counselright to represent any Class Member(s) in this Litigation or in any other currently-pending or future action in the event that such Settlement Class Member(s) independently approach(es) Class Counsel seeking representation in connection with their potential rights to assert claims against any entity or is approached by Class Counsel without using information obtained in connection with the Settlement administration process in this Litigation.
43. Within sixty (60) Days following entry of a Preliminary Approval Order (“Notice Date”), the Settlement Administrator shall implement the provide Email Notice Program provided herein, using the forms of or Postcard Notice approved by the Court in the Preliminary Approval Orderto all Settlement Class Members. The Notice Settlement Administrator shall include, among other information: mail 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 Claim Form to Settlement Class Members may object to the Settlement; the date on which the Final Approval Hearing is scheduled to occur; and the address upon written or telephonic request. An electronic version 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 Claim Form 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 telephone number;
c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;
d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
e. the identity of all counsel, if any, representing the objector who will appear at the Final Approval Hearing;
f. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection;
g. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
h. the objector’s signature.
63. Class Counsel and/or Xxxxxxx Xxxxxx Bank may conduct limited discovery on any objector consistent with the Connecticut Rules of Civil Procedure.
64. Notice shall be provided to Settlement Class members in three different ways: Email Notice to Account Holders for whom Xxxxxxx Xxxxxx Bank has email addresses; Postcard Notice sent by U.S. mail to Account Holders for whom Xxxxxxx Xxxxxx Bank does not have valid email addresses, and for whom Email Notice is returned undeliverable; and Long Form Notice, which shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request. Not all Settlement Class members will receive all forms of Notice, as detailed hereinWebsite.
6544. Once the Settlement Administrator has the list of Settlement Class MembersFor any email addresses reported as invalid, the Settlement Administrator shall run the physical addresses through the National Change of Address Database and shall mail to all such Settlement Class members provide Postcard Notice. If any Postcard Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall re-mail the Postcard Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. For Postcard Notices returned with no forwarding address, the Settlement Administrator shall perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing.
45. The mailed notice will consist of the Postcard Notice substantially in the form of Exhibit C. The Settlement Administrator shall also send out Email Notice have discretion to all Settlement Class members receiving Notice by that method. The initial format this Postcard Notice in a reasonable manner to minimize mailing and Email administrative costs. Before the mailing of the Postcard Notice is commenced, Class Counsel and Defendant’s Counsel shall first be referred provided with a proof copy (including what the items will look like in their final form) and shall have the right to as “Initial Mailed Noticeinspect the same for compliance with the Settlement Agreement and the Court’s orders.”
66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. A reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose46. No later than sixty (60) days before Days following entry of the Preliminary Approval Order, and prior to the mailing of the Postcard Notice and emailing of Email Notice to Settlement Class Members, the Settlement Administrator will create a dedicated Settlement Website. The Settlement Administrator shall cause the Complaint, Postcard/Email Notice, Long-Form Notice, Claim Form, this Settlement Agreement, the Preliminary Approval Order, and other relevant settlement and Court documents to be available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by Class Counsel and Defendant’s Counsel, which approval shall not be unreasonably withheld. The website address and the fact that a more detailed Long-Form Notice and a Claim Form are available on the Settlement Website shall be included in the Postcard/Email Notice. The Settlement Administrator shall also create and implement an Interactive Voice Response system, with a live operator option, and an email inbox, both of which Settlement Class Members may use to obtain information about the Settlement and Claims process.
47. Settlement Class Members shall be able to submit their Claim Forms via the Settlement Website.
48. The Settlement Website shall be maintained from the Notice Date until sixty (60) Days after the Effective Date.
49. Claim Forms shall be returned or submitted to the Settlement Administrator electronically on the Settlement Website or via U.S. mail, electronically submitted or postmarked (as the case may be) by the Claims Deadline set by the Court, or be forever barred unless otherwise ordered by the Court.
50. The Long-Form Notice and Postcard/Email Notice approved by the Court may be adjusted by the Settlement Administrator in consultation with and agreement by the Parties, as may be reasonable and necessary and not inconsistent with the Court’s approval.
51. Prior to the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice provide to those Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator shall also send Postcard Notice to all Settlement Class members whose Email Notice were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice Re-mailing Process.
67. The Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than sixty (60) days before the Final Approval Hearing.
68. All costs and expenses related to the Notice Program shall be paid from the Settlement Fund after approval by Class Counsel.
69. Within the provisions set forth in this Section IX, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and Chelsea Groton Bankto file with the Court an appropriate affidavit or declaration concerning compliance with the Court-approved Notice Program.
Appears in 1 contract
Samples: Settlement Agreement