Common use of Notice to Settlement Class Members Clause in Contracts

Notice to Settlement Class Members. 54. Within fifteen business days after Preliminary Approval, SPE will provide to the Settlement Administrator data files (collectively, the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class List, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class Members may exclude themselves from the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members may access this Agreement and other related documents and information. 55. The Notice shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing of the intent to exclude himself or herself from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of this Agreement. 56. The Notice shall include a procedure for Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards. Objections to the Settlement or to the application for attorneys’ fees, costs, expenses, and for Service Awards must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPE’s counsel. For an objection to be considered by the Court the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s Counsel, at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Notice. 57. 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, email 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; 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Approval Hearing; g. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. the objector’s signature (an attorney’s signature is not sufficient). 58. Notice shall be provided to the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreement. 59. After the Settlement Administrator receives the Class List from SPE, the Settlement Administrator shall run the mailing addresses included in the Class List through the National Change of Address Database, and shall mail the Mail Notice to all such Settlement Class Members at the addresses as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Mail Notice to the updated address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61. The Settlement Administrator shall effectuate the Publication Notice by arranging for publication of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63. Within seven days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval of the Settlement. 64. All costs of the Notice Program shall be paid by SPE. 65. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPE.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Notice to Settlement Class Members. 5460. Within fifteen business days As soon as practicable after Preliminary Approval, SPE will provide to the Settlement Administrator data files (collectively, the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses Approval of the identifiable Settlement Settlement, at the direction of Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class ListCounsel and Navy Federal’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 or “opt-out” of the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members members may access this Agreement and other related documents and information. Class Counsel and Navy Federal 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 Navy Federal logo or trademarks or the return address of Navy Federal, or otherwise be styled to appear to originate from Navy Federal. 5561. The Notice also shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing opt-out of the intent to exclude himself or herself from the Settlement Class. Such written notification must be 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 Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval HearingPeriod. Any Settlement Class Member who does not timely and validly exclude himself or herself request to opt-out shall be bound by the terms of this Agreement. 5662. 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, costs, costs and expenses, and for expenses and/or Service AwardsAwards to Class Representatives. Objections to the Settlement or Settlement, to the application for attorneys’ fees, costs, expenses, and for and/or to the Service Awards must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel Counsel, and SPENavy Federal’s counsel. For an objection to be considered by the Court Court, the objection must be: (a) electronically filed 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 when posted if received with a postmark date indicated on the Objection Deadline; or (b) envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the Clerk of Court, Class Counsel, and SPE’s Counsel, at shipping date reflected on the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Noticeshipping label. 5763. 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, email address, 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 objectionobjection known to the objector or objector’s 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 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, the Settlement or fee application, ; g. a copy of any orders related to or ruling upon counsel’s or the application for Service Awardscounsel’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 5 years; f. 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 (if any) representing the objector who will appear at the Final Approval Hearing; g. j. a list of any all persons who will be called to testify at the Final Approval Hearing in support of the objection; h. k. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. l. the objector’s signature (an attorney’s signature is not sufficient). Class Counsel and/or Navy Federal may conduct limited discovery on any objector consistent with the Federal Rules of Civil Procedure. 5864. Notice shall be provided to Settlement Class members in three different ways: Email notice to Account Holders for whom Navy Federal has email addresses (“Email Notice”); postcard Notice (“Postcard Notice”) to those Account Holders for whom Navy Federal does not have email addresses; and Long-Form Notice with details regarding the Settlement Class in at least one of three ways: Mail (“Long Form Notice, Publication Notice, and Notice ”) on the Settlement Website. 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. 65. Navy Federal will cooperate with each method implemented pursuant Class Counsel and its expert to make available the terms necessary data to Class Counsel’s expert to determine Settlement Class membership. The availability of Section VII. Notice the data necessary for Class Counsel’s expert to compile the Settlement Class membership list shall be provided substantially in as soon as practicable. Navy Federal will bear the forms attached expense of extracting the necessary data to make available to Class Counsel’s expert for analysis, while Class Counsel shall be responsible for paying Class Counsel’s expert, who will analyze the data provided to determine Settlement Class membership as Exhibits 2, 3, and 4 to this Agreement. 59well as the amount of each Settlement Class member’s damages. After the Settlement Administrator receives the Class List from SPE, the The Settlement Administrator shall run the mailing physical addresses included in the Class List through the National Change of Address Database, Database and shall mail the Mail Notice to all such Settlement Class Members at the addresses 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 and Email Notice shall be referred to as updated (the Mail Initial Mailed Notice.” 66. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice Program”). For any Mail Notices postcards that are returned undeliverable with forwarding address informationas undeliverable. 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 60 days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mail the Mail mailing of Postcard Notice to the updated those Settlement Class members whose new addresses were identified as of that time through address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated traces (“Notice Re-mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61Process”). The Settlement Administrator shall effectuate send Postcard Notice to all Settlement Class members’ whose emails were returned as undeliverable and complete such Notice pursuant to the Publication deadlines described herein as they relate to the Notice by arranging for publication Re-mailing Process. 67. The Notice Program (which is composed of both the Publication Initial Mailed Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication and the Notice Re-mailing Process) shall be completed by no later than 60 days before the Notice DeadlineFinal Approval Hearing. 6268. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed Subject to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63. Within seven days after the Notice DeadlineNavy Federal’s Administration Costs Cap, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit costs related to or in conjunction with Plaintiffs’ motion for final approval of the Settlement. 64. All costs of the Notice Program shall be paid by SPENavy Federal. Residual Funds in the form of uncashed checks, if any, shall be paid first to Navy Federal to reimburse it for the amount of Settlement Administration Costs paid by Navy Federal, as indicated in Section XII. 6569. Within the parameters provisions set forth in this Section VIIVIII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPENavy Federal.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Notice to Settlement Class Members. 54. Within fifteen business Subject to its statutory and regulatory obligations to protect its customers’ private financial information, as well as the execution of a separate Confidentiality Agreement in a form acceptable to TD Bank which affirms the Settlement Administrator’s obligations to protect the confidentiality of Settlement Class Members’ personal identifying information, within sixty (60) days after of Preliminary Approval, SPE TD Bank will provide to the Settlement Administrator data files a list (collectively, the “Class List”) that identifyidentifies, subject to the availability of information in reasonably accessible electronic form, the names names, last known mailing addresses, and last known e-mail addresses addresses, if available, of the identifiable Settlement Class Members, as well as information sufficient for the Settlement Administrator to distribute the Net Settlement Fund pursuant to the allocation methodology in paragraph 88. 55. SPE shall take appropriate measures to ensure that Within thirty (30) days of receiving the Class List is transferred to from TD Bank, or by the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain time specified by the Class List in a secure manner. Upon receipt of the Class ListCourt, 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 (i.e., opt out of) the Settlement Class; a date by which Participating Settlement Class Members may object to the Settlement; the date upon which date, time, and location of the Final Approval Hearing is scheduled to occur; a description of the Claims processesHearing; and the address of the Settlement Website at which Settlement Class Members may access this Agreement Agreement, the Long-Form Notice, and other related documents and information. 55. The Class Counsel and TD Bank’s counsel shall insert the correct dates and deadlines in the Notice shall include a procedure for Settlement Class Members to exclude themselves from before the Settlement Class Notice Program commences, based upon those dates and deadlines set by notifying the Settlement Administrator Court in writing the Preliminary Approval Order. Notices provided under or as part of the intent Notice Program shall not bear or include TD Bank’s logos or trademarks or the return address of TD Bank, or otherwise be styled to exclude himself or herself appear to originate from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of this AgreementTD Bank. 56. The Notice Program shall include the following components: (1) E-Mail Notice and/or Mail Notice; (2) Long-Form Notice posted on the Settlement Website; and (3) any other components necessary to satisfy the requirements of due process and Fed. R. Civ. P. 23. 57. The E-Mail Notice and Mail Notice will direct Settlement Class Members to the Long-Form Notice, which will be posted on the Settlement Website. The E-Mail Notice will include a procedure hyperlink to the Long-Form Notice. 58. The Settlement Administrator shall ensure that the information that it receives from TD Bank, Class Counsel, and/or Settlement Class Members is secured and managed in such a way as to protect the security and confidentiality of the information, consistent with industry best practices and applicable law. The Settlement Administrator shall use this information solely for the purpose of administering the Settlement. Except as specifically provided in this Agreement, the Settlement Administrator shall not disclose or disseminate any information that it receives from TD Bank, Class Counsel, and/or Settlement Class Members without prior written consent of the Parties or by order of the Court. 59. The primary method of notice for Settlement Class Members to object is individual E-Mail Notice to the Settlement and/or to Class Counsellast known e-mail address shown on TD Bank’s application for attorneys’ fees, costs, and expenses, and for Service Awardsrecords. Objections The secondary method of notice is individual Mail Notice to the Settlement or to the application for attorneys’ fees, costs, expenses, and for Service Awards must be electronically filed with the Courtlast known mailing address shown on TD Bank’s records, or mailed to the Clerk of the Courtat a more current address, with copy to Class Counsel and SPE’s counsel. For an objection to if that information can reasonably be considered obtained by the Court the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s Counsel, at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the NoticeSettlement Administrator. 5760. For an objection to be considered by Within thirty (30) days from the Court, the objection must also set forth: a. the name of the Action; b. the objector’s full name, address, email 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; 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Approval Hearing; g. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. the objector’s signature (an attorney’s signature is not sufficient). 58. Notice shall be provided to the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreement. 59. After date that the Settlement Administrator receives the Class List from SPEList, the Settlement Administrator shall (1) send E-Mail Notice to Settlement Class Members for whom the Settlement Administrator was provided an e-mail address; and (2) Mail Notice to Settlement Class Members for whom there are no e-mail addresses on file. If an e-mail is returned as undeliverable, the Settlement Administrator shall mail the Mail Notice to the Settlement Class Member for whom the e-mail was returned as undeliverable. The Settlement Administrator shall run the mailing addresses included in the Class List through the National Change of Address Database, and shall mail Database before mailing. If the Mail Notice to all such Settlement Class Members at the addresses mailed postcard is returned as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Mail Notice to the updated address indicated. For any Mail Notices that are returned undeliverable without forwarding address informationundeliverable, the Settlement Administrator shall use reasonable efforts to identify updated locate a current mailing addresses address for the Settlement Class Member and re-mail the Mail Notice notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverablecurrent mailing address. 61. The Settlement Administrator shall effectuate Notice Program (which is comprised of E-Mail Notice, Mail Notice, and the Publication Notice by arranging for publication posting of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. The Settlement Administrator shall post the Long-Form Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Notice Website, all as described herein) shall be posted on the Settlement Website by the Notice Deadline. 63completed no later than ninety (90) days after Preliminary Approval. Within seven (7) days after the date the Settlement Administrator completes the Notice DeadlineProgram, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming TD Bank an affidavit that confirms that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were Program was completed in accordance with the Parties’ instructions and the Court’s approvala timely manner. Class Counsel shall file such affidavit(s) that affidavit with the Court as an exhibit to or in conjunction with Plaintiffs’ motion Motion for final approval Final Approval of the Settlement. 6462. All costs As soon as practicable following Preliminary Approval, but no later than thirty (30) days after Preliminary Approval, and prior to the sending of Notice, the Settlement Administrator shall establish the Settlement Website and a toll-free telephone line for Settlement Class Members to call with questions. The Internet address (URL) of the Notice Program Settlement Website and the toll-free number shall be paid by SPEincluded in all forms of Notice sent to Settlement Class Members. 6563. The Settlement Website shall include this Agreement, the Long-Form Notice, the Preliminary Approval Order, and such other documents as Class Counsel and TD Bank 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 or opting out of the Settlement, and the dates of relevant Court proceedings, including the Final Approval Hearing. The URL of the Settlement Website shall be xxx.XXXxxxXxxxxxxXxxxXxxxxXxxxxx.xxx or such other URL as Class Counsel and TD Bank 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 TD Bank’s logos or trademarks. Operation of the Settlement Website shall cease no later than sixty (60) days after distribution of the Net Settlement Fund to Participating Settlement Class Members has been completed as set forth in Section XIII, or such other date as Class Counsel and TD Bank shall agree, and ownership of the Settlement Website URL shall be transferred to TD Bank 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 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. 64. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPETD Bank.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Notice to Settlement Class Members. 5458. Within fifteen business 30 days after Preliminary Approval, SPE will provide to the Settlement Administrator data files (collectively, the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses Approval of the identifiable Settlement Settlement, at the direction of Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class ListCounsel and Navy Federal’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-out” of, the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon on which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members members may access this Agreement and other related documents and information. Class Counsel and Navy Federal 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 Navy Federal logo or trademarks or the return address of Navy Federal, or otherwise be styled to appear to originate from Navy Federal. 5559. The Notice also shall include a procedure for Settlement Class Members members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing opt-out of the intent to exclude himself or herself from the Settlement Class. Such written notification must be 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 Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval HearingPeriod. Any Settlement Class Member member who does not timely and validly exclude himself or herself request to opt-out shall be bound by the terms of this Agreement. 5660. 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, costs, costs and expenses, and for expenses and/or a Service AwardsAward to the Class Representative. Objections to the Settlement or Settlement, to the application for attorneys’ fees, costs, expenses, and for and/or to the Service Awards Award must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPECounsel, Navy Federal’s counsel, and the Settlement Administrator. For an objection to be considered by the Court Court, the objection must be: (a) electronically filed 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 when posted if received with a postmark date indicated on the Objection Deadline; or (b) envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the Clerk of Court, Class Counsel, and SPE’s Counsel, at shipping date reflected on the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Noticeshipping label. 5761. 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, email address, 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 objectionobjection known to the objector or objector’s 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 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, the Settlement or fee application, ; g. a copy of any orders related to or ruling upon counsel’s or the application for Service Awardscounsel’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 5 years; f. 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 (if any) representing the objector who will appear at the Final Approval Hearing; g. j. a list of any all persons who will be called to testify at the Final Approval Hearing in support of the objection; h. x. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. l. the objector’s signature (an attorney’s signature is not sufficient). Class Counsel and/or Navy Federal may conduct limited discovery on any objector consistent with the Federal Rules of Civil Procedure. 5862. Notice shall be provided to Settlement Class members in three different ways: email notice to Account Holders for whom Navy Federal has email addresses (“Email Notice”); postcard notice sent by U.S. mail to Account Holders for whom Navy Federal does not have valid email addresses (“Postcard Notice”); and long form notice, which will be written in both English and Spanish, and shall be available on the Settlement Website and/or via mail upon a Settlement Class member’s request (“Long Form Notice”). 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. 63. As detailed above in Section VI, Navy Federal will cooperate with Class Counsel and its expert to make available the necessary data to Class Counsel’s expert to determine Settlement Class membership. Once the Settlement Administrator has the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreement. 59. After the Settlement Administrator receives the Class List from SPEmembership list, the Settlement Administrator shall run the mailing physical addresses included in the Class List through the National Change of Address Database, Database and shall mail the Mail Notice to all such Settlement Class Members at the addresses 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 and Email Notice shall be referred to as updated (the Mail Initial Mailed Notice.” 64. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice Program”). For any Mail Notices postcards that are returned undeliverable with forwarding address informationas 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 60 days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mail the Mail mailing of Postcard Notice to the updated those Settlement Class members whose new addresses were identified as of that time through address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated traces (“Notice Re-mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61Process”). The Settlement Administrator shall effectuate also send Postcard Notice to all Settlement Class members whose emails were returned as undeliverable and complete such Notice pursuant to the Publication deadlines described herein as they relate to the Notice by arranging for publication Re-mailing Process. 65. The Notice Program (which is composed of both the Publication Initial Mailed Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication and the Notice Re-mailing Process) shall be completed by no later than 60 days before the Notice DeadlineFinal Approval Hearing. 62. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63. Within seven days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval of the Settlement. 6466. All costs of and expenses related to the Notice Program shall be paid by SPENavy Federal directly to the Settlement Administrator. 6567. Within the parameters provisions set forth in this Section VIIVIII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPENavy Federal.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Notice to Settlement Class Members. 5464. Within fifteen business days As soon as practicable after Preliminary Approval, SPE will provide to Approval but in no event later than the Settlement Administrator data files (collectively, time directed by the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class ListCourt, 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 or “opt-out” of the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. Notices provided under or as part of the Notice Program shall not bear or include Defendant’s logo or trademarks or the return address of Defendant, or otherwise be styled to appear to originate from Defendant. 5565. The Notice also shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing opt-out of the intent to exclude himself or herself from the Settlement Class. Such written notification A Settlement Class Member may opt-out of the Settlement Class at any time during the Opt-Out Period, provided the opt-out notice that must be sent to the Settlement Administrator is postmarked no later than the last day of the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval HearingPeriod. Any Settlement Class Member who does not timely and validly exclude himself or herself request to 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 of forgiveness of Uncollected Fees. 5666. 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, costs, and expenses, and costs and/or Service Award for Service Awardsthe Class Representatives. Objections to the Settlement or Settlement, to the application for attorneys’ fees, costs, expenses, fees and for costs and/or to the Service Awards Award must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPECounsel, Defendant’s counsel, and the Settlement Administrator. For an objection to be considered by the Court Court, the objection must be: (a) electronically filed 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 when posted if received with a postmark date indicated on the Objection Deadline; or (b) envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the Clerk of Court, Class Counsel, and SPE’s Counsel, at shipping date reflected on the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Noticeshipping label. 5767. 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, email address, 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 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, the Settlement or fee application, or the application for Service Awards; 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 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; g. i. a list of any all persons who will be called to testify at the Final Approval Hearing in support of the objection; h. j. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. k. the objector’s signature (an attorney’s signature is not sufficient). 58. Notice shall be provided to the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreement. 59. After the Settlement Administrator receives the Class List from SPE, the Settlement Administrator shall run the mailing addresses included in the Class List through the National Change of Address Database, and shall mail the Mail Notice to all such Settlement Class Members at the addresses as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Mail Notice to the updated address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61. The Settlement Administrator shall effectuate the Publication Notice by arranging for publication of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63. Within seven days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) and/or Defendant may conduct limited discovery on any objector or objector’s counsel consistent with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval Federal Rules of the SettlementCivil Procedure. 64. All costs of the Notice Program shall be paid by SPE. 65. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPE.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Notice to Settlement Class Members. 54. Within fifteen business days after Preliminary Approval, SPE will provide to the Settlement Administrator data files (collectively, the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class List, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class Members may exclude themselves from the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members may access this Agreement and other related documents and information. 55. The Notice shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing of the intent to exclude himself or herself from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of this Agreement.Sony 56. The Notice shall include a procedure for Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards. Objections to the Settlement or to the application for attorneys’ fees, costs, expenses, and for Service Awards must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPE’s counsel. For an objection to be considered by the Court the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s Counsel, at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Notice. 57. 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, email 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; 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Approval Hearing; g. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. the objector’s signature (an attorney’s signature is not sufficient). 58. Notice shall be provided to the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreement. 59. After the Settlement Administrator receives the Class List from SPE, the Settlement Administrator shall run the mailing addresses included in the Class List through the National Change of Address Database, and shall mail the Mail Notice to all such Settlement Class Members at the addresses as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Mail Notice to the updated address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61. The Settlement Administrator shall effectuate the Publication Notice by arranging for publication of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63. Within seven days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval of the Settlement. 64. All costs of the Notice Program shall be paid by SPE. 65. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPE.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5450. Within fifteen business days As soon as practicable after Preliminary Approval, SPE will provide to Approval but in no event later than the Settlement Administrator data files (collectively, time directed by the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class ListCourt, 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 or “opt-out” of the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the internet address of the Settlement Website at which Settlement Class Members members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. Notices provided under or as part of the Notice Program shall not bear or include Defendant’s logo or trademarks or the return address of Defendant, or otherwise be styled to appear to originate from Defendant. 5551. The Notice also shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing opt out of the intent to exclude himself or herself from the Settlement Class. Such written notification A Settlement Class Member may opt-out of the Settlement Class at any time during the Opt-Out Period, provided the opt-out notice that must be sent to the Settlement Administrator is postmarked no later than the last day of the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval HearingPeriod. Any Settlement Class Member who does not timely and validly exclude himself or herself request to 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. 5652. 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, costs, and expenses, and costs and/or Service Award for Service Awardsthe Class Representative. Objections to the Settlement or Settlement, to the application for attorneys’ fees, costs, expenses, fees and for costs and/or to the Service Awards Award must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPECounsel, Defendant’s counsel, and the Settlement Administrator. For an objection to be considered by the Court Court, the objection must be: (a) electronically filed 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 when posted if received with a postmark date indicated on the Objection Deadline; or (b) envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the Clerk of Court, Class Counsel, and SPE’s Counsel, at shipping date reflected on the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Noticeshipping label. 5753. 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, email 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 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, the Settlement or fee application, or the application for Service Awards; 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 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; g. i. a list of any all persons who will be called to testify at the Final Approval Hearing in support of the objection; h. j. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. k. the objector’s signature (an attorney’s signature is not sufficient). 58. Notice shall be provided to the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreement. 59. After the Settlement Administrator receives the Class List from SPE, the Settlement Administrator shall run the mailing addresses included in the Class List through the National Change of Address Database, and shall mail the Mail Notice to all such Settlement Class Members at the addresses as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Mail Notice to the updated address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61. The Settlement Administrator shall effectuate the Publication Notice by arranging for publication of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63. Within seven days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) and/or Defendant may conduct limited discovery on any objector or objector’s counsel consistent with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval Federal Rules of the SettlementCivil Procedure. 64. All costs of the Notice Program shall be paid by SPE. 65. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPE.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 54. 7.1 Within fifteen business ten (10) days after Preliminary Approval, SPE will provide to the Settlement Administrator data files (collectively, the “Class List”) that identify, subject to the availability entry of information in reasonably accessible electronic form, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class List, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order, Defendant shall provide the Settlement Administrator with the Settlement Class List. 7.2 Following Defendant’s provision of the Settlement Class List to the Settlement Administrator, Notice to the Settlement Class shall be provided in the following manner by the Notice Deadline: a) A Notice consistent with Exhibit D shall be mailed by the Settlement Administrator. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which will advise Settlement Class Members may exclude themselves from the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and allegations asserted in the address of the Settlement Website at which Settlement Class Members may access this Agreement and other related documents and information. 55. The Notice shall include Litigation, how to file a procedure for Settlement Class Members claim, how to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing of the intent to exclude himself or herself from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out DeadlineSettlement, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of this Agreement. 56. The Notice shall include a procedure for Settlement Class Members how to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costsSettlement, and expenses, and for Service Awards. Objections to the Settlement or to the application for attorneys’ fees, costs, expenses, and for Service Awards must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPE’s counsel. For an objection to be considered by the Court the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s Counsel, at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Notice. 57. 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, email 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; 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Approval Hearing; g. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. the objector’s signature (an attorney’s signature is not sufficient). 58. Notice shall be provided to the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreement. 59. After the Settlement Administrator receives the Class List from SPEIf at any time, the Settlement Administrator shall run the mailing addresses included in the Class List through the National Change of Address Database, and shall mail the Mail Notice Settling Parties have reason to all such believe that certain Settlement Class Members at the addresses as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address informationhave not received mailed Notice, the Settlement Administrator shall re-mail the Mail Notice to the updated address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts they may work in good faith to identify updated mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverablealternative means of contact. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61. The Settlement Administrator shall effectuate the Publication Notice by arranging for publication of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. b) The Settlement Administrator shall post the Notice consistent with Exhibit C and Claim Form consistent with Exhibit F on the Settlement Website in the form agreed to Established by the Parties and approved Settlement Administrator. The Settlement Administrator shall also provide Settlement Class Members the ability to submit the information for the Claim Form electronically via the Settlement Website 7.3 In addition to the Notice by the Court. The Settlement Administrator identified in Section 7.2, the following additional Notice shall be posted on provided: a) Defendant shall provide Notice of the Settlement Website by on its website and in its patient newsletter. Defendant will provide a draft of the Notice to Plaintiffs’ counsel for review in advance of distribution. Defendant shall provide the Notice identified in this paragraph no later than the Notice Deadline. 63. Within seven days after the Notice Deadline, the b) The Settlement Administrator shall provide send a reminder Notice consistent with Exhibit E by email to Settlement Class Counsel and SPE with one or more affidavits confirming that the Mail Notice ProgramMembers, Publication Noticewhich emails shall be sent no sooner than 40 days before, and posting of Notice on no later than 25 days before, the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval end of the SettlementClaims Period. 64. All costs of the Notice Program shall be paid by SPE. 65. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPE.

Appears in 1 contract

Samples: Settlement Agreement

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Notice to Settlement Class Members. 5428. Within fifteen business days after Preliminary Approval, SPE will provide The Parties agree the following Notice Program provides reasonable notice to the Settlement Administrator data files (collectively, the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class List, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class Members may exclude themselves from the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members may access this Agreement and other related documents and information. 55. The Notice shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing of the intent to exclude himself or herself from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of this Agreement. 56. The Notice shall include a procedure for Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards. Objections to the Settlement or to the application for attorneys’ fees, costs, expenses, and for Service Awards must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPE’s counsel. For an objection to be considered by the Court the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s Counsel, at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Notice. 57. 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, email 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; 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Approval Hearing; g. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. the objector’s signature (an attorney’s signature is not sufficient). 5829. Notice shall be provided to the Settlement Class in at least one of three ways: Mail NoticeMembers via (1) direct notice; (2) direct reminder notice; and, Publication Notice, and Notice (3) notice on the Settlement Website. 30. Within seven (7) Days of the entry of the Preliminary Approval Order, EHS shall provide the Settlement Administrator and Class Counsel with each method implemented pursuant the names and last-known addresses on file with EHS for the Settlement Class Members (the “Class List”), subject to the terms of Section VIIthe Stipulated Protective Order entered in this matter and otherwise consistent with applicable law. Notice shall be provided substantially in The Settlement Administrator shall, by using the forms attached as Exhibits 2National Change of Address database maintained by the United States Postal Service (“Postal Service”), 3obtain updates, and 4 if any, to this Agreementthe mailing addresses. 5931. After Within thirty (30) Days following entry of the Settlement Administrator receives the Class List from SPEPreliminary Approval Order (“Notice Date”), the Settlement Administrator shall run mail the mailing addresses included in Short-Form Notice and Claim Form to all Settlement Class Members by first class United States Mail. Within sixty (60) Days following entry of the Class List through Preliminary Approval Order (“Notice Date”), the National Change of Address Database, and Settlement Administrator shall mail the Mail Notice reminder notice to all such Settlement Class Members at by first class United States Mail. 32. If any Short-Form Notice is returned by the addresses Postal Service as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address informationundeliverable, the Settlement Administrator shall re-mail the Mail Short-Form Notice to the updated address indicatedforwarding address, if any, provided by the Postal Service on the face of the returned mail. For Other than as set forth above, neither the Parties nor the Settlement Administrator shall have any Mail Notices that are returned undeliverable without forwarding address informationother obligation to re-mail Notices. 33. The mailed notice will consist of the Short-Form Notice substantially in the form of Exhibit A and the Claim Form in the form of Exhibit C. The Settlement Administrator shall have discretion to format this Short-Form Notice in a reasonable manner to minimize mailing and administrative costs. Before the mailing of the Notice is commenced, Class Counsel and EHS’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 with the Court’s orders. 34. No later than thirty (30) Days following entry of the Preliminary Approval Order, and prior to the mailing of the Short Form Notice and Claim Form to all Settlement Class Members, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The will create a dedicated Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61Website. The Settlement Administrator shall effectuate cause the Publication Notice by arranging for publication of Complaint, Short-Form Notice, Long-Form Notice, Claim Form, this Settlement Agreement, and other relevant settlement and court documents to be made available on the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 Settlement Website. Any other content proposed to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. The Settlement Administrator shall post the Notice included or displayed on the Settlement Website shall be approved in advance, which approval shall not be unreasonably withheld, by Class Counsel and EHS’s Counsel. The website address and the fact that a more detailed Notice and a Claim Form are available through the website shall be included in the form agreed Notice. 35. Claimants shall be able to submit their claims via the website. 36. The Settlement Website shall be maintained from the Notice Date until sixty (60) Days after the Claim Deadline has passed. 37. Claim Forms shall be returned or submitted to the Settlement Administrator online or via U.S. Mail, postmarked by the Parties and Claim Deadline set by the Court, or be forever barred unless such claim is otherwise approved by the Court. The Notice shall be posted on Court at the Settlement Website by the Notice DeadlineFinal Approval Hearing, for good cause shown. 6338. Within seven days after Prior to the Notice DeadlineFinal Approval Hearing, the Settlement Administrator shall provide to Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall to file such affidavit(s) with the Court as an exhibit appropriate affidavit or declaration from the Settlement Administrator with respect to or in conjunction complying with Plaintiffs’ motion for final approval of the SettlementCourt-approved Notice Program. 64. All costs of the Notice Program shall be paid by SPE. 65. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPE.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5456. Within fifteen business 14 days after Preliminary Approval, SPE The Contingent or the State Defendants will provide to the Settlement Administrator data files (collectively, the “Class List”) that identify(a) identify the Settlement Class Members; (b) contain the electronic mailing address of any Settlement Class Members as to whom the State Defendants possess such information; and (c) contain the physical mailing address information for any Settlement Class Members as to whom the State Defendants possess such information, subject to the availability of information in reasonably accessible electronic formform (the “Class Mailing List”). Contemporaneously with providing the Class Mailing List, The Contingent or the names and last known mail addresses of the identifiable State Defendants will provide all data pertaining to applications submitted by Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. 57. Upon receipt of the Class Mailing List, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms nature of the SettlementAction; the definition of the Settlement Class; a description of the Settlement Plaintiff’s claims, brought on their behalf and on behalf of the Settlement Class Members; that a Settlement Class Member may enter an appearance through an attorney if the member so desires; that the Court will exclude from the class any Settlement Class Member who requests exclusion; a date by which Settlement Class Members may exclude themselves from the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; the binding effect of a description of the Claims processesclass judgment to Settlement Class Members under Fed. R. Civ. P. 23(c)(3), including notice that Settlement Class Members will release all claims against all Defendants; and the address of the Settlement Website at which Settlement Class Members may access this Agreement and other related documents and information. 5558. The Notice shall inform Settlement Class Members that (1) their applications will be evaluated by the Settlement Administrator applying the same criteria as The Contingent would have applied to the Settlement Class Member’s application but for the Fund’s race conscious criteria, (2) if the Class Member is entitled to a Settlement Payment according to those criteria, then the Class Member shall receive his or her Settlement Payment (as defined below, at Paragraph 70) electronically unless otherwise specified; and (3) the Settlement Administrator’s determination as to whether a particular Class Member is entitled to a Settlement Payment, as well as the amount of any such Settlement Payment, is final. 59. The Notice shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing of the Settlement Class Member’s intent to exclude himself or herself from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she Settlement Class Member wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Great Northern Resources, Inc., et al. v. Cobra., et al., Case No. 2:143:20-cv-09600cv-01866-RGK-E IM (C.D. CalL) (D. Or.); and the individualSettlement Class Member’s signature. The Settlement Administrator shall provide the Settling Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of this Agreement. 5660. The Notice shall include a procedure for Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costs, and expenses, and for the Service AwardsAward. Objections to the Settlement or to the application for attorneys’ fees, costs, expenses, and for the Service Awards Award must be electronically filed with the Court, or mailed to the Clerk of the Court, with a copy to Class Counsel and SPE’s the Settling Defendants’ counsel. For an objection to be considered by the Court the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s the Settling Defendants’ Counsel, at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, as specified in the Notice. 5761. 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, email 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; 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Approval Hearing; g. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. the objector’s signature (an attorney’s signature is not sufficient). 5862. Notice shall be provided to the Settlement Class in at least one of three two ways: Mail Notice, Publication NoticeMailed Notice (to persons on the Class Mailing List), and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreementsection. 5963. After the Settlement Administrator receives the Class Mailing List from SPEthe either State Defendants or The Contingent, the Settlement Administrator shall send the Mailed Notice to every Settlement Class Member for which the Class Mailing List provides an electronic mailing address; but if the electronically sent Mailed Notice is returned as undeliverable, and for those Settlement Members for which the Class Mailing List does not provide an electronic mailing address, the Settlement Administrator shall run the Class Member’s physical mailing addresses included in the Class Mailing List through the National Change of Address Database, and, excluding any Department of Justice facilities, halfway houses, group homes, and other post-incarceration temporary housing facilities, shall mail send the Mail Mailed Notice to all such Settlement Class Members at the addresses as updated Member’s physical mailing address (the “Mail Mailed Notice Program”). For any Mail Mailed Notices sent to a Settlement Class Member’s physical mailing address that are returned undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Mail Mailed Notice to the updated address indicated. For any Mail Mailed Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses and re-re- mail the Mail Mailed Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt attempt, excluding any Mailed Notices sent electronically, to re-mail any Mail Mailed Notices that are returned as undeliverable. 6064. The Mail Mailed Notice Program shall be completed by Program, with the Notice Deadlineexception of any re-mailed notice, excluding any re- mails for Mail Notices that are returned undeliverable. 61. The Settlement Administrator shall effectuate the Publication Notice by arranging for publication of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 6265. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed to by the Settling Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 6366. Within seven 7 days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE the Settling Defendants with one or more affidavits confirming that the Mail Mailed Notice Program, Publication Notice, Program and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit to or in conjunction with the Settlement Plaintiffs’ motion for final approval of the Settlement. 64. All costs of the Notice Program shall be paid by SPE. 6567. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPEthe Settling Defendants, provided such agreements do not materially change any substantive provision of this Agreement or the rights or obligations of any Settling Party.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5457. Within fifteen business Subject to its statutory and regulatory obligations to protect its customers’ private financial information, as well as a separate Confidentiality Agreement in a form acceptable to TD Bank which protects the confidentiality of Settlement Class Members’ personal identifying information, which the Administrator shall be required to sign, within thirty (30) calendar days after of Preliminary Approval, SPE TD Bank will provide to the Settlement Administrator data files a list (collectively, the “Class List”) that identifyidentifies, for each Settlement Class Member, subject to the availability of information in reasonably accessible electronic form: a. Name; b. Last known email address (if available); c. Last known mailing address; and d. The amount that the Settlement Class Member incurred in OON ATM Balance Inquiry Fees. 58. Within ninety (90) calendar days of Preliminary Approval, or by the time specified by the Court, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class List, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class Members may exclude themselves from (i.e., opt out of) the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which date, time, and location of the Final Approval Hearing is scheduled to occur; a description of the Claims processesHearing; and the address of the Settlement Website at which Settlement Class Members may access this Agreement Agreement, the Long-Form Notice, and other related documents and information. Class Counsel and TD Bank’s counsel 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 TD Bank’s logos or trademarks or the return address of TD Bank, or otherwise be styled to appear to originate from TD Bank. 5559. The Notice Program shall include the following components: (1) Email Notice and/or Mail Notice; (2) Long-Form Notice posted on the Settlement Website; and (3) any other components necessary to satisfy the requirements of due process and Fed. R. Civ. P. 23. 60. The Email and Mail Notice will direct Settlement Class Members to the Long-Form Notice, which will be posted on the Settlement Website. The Email Notice will include a procedure hyperlink to the Long-Form Notice. 61. The Administrator shall ensure that the information that it receives from TD Bank, Class Counsel, and/or Settlement Class Members is secured and managed in such a way as to protect the security and confidentiality of the information, consistent with the privacy policies of TD Bank and applicable law. The Administrator shall use this information solely for the purpose of administering the Settlement. Except as specifically provided in this Agreement, the Administrator shall not disclose or disseminate any information that it receives from TD Bank, Class Counsel, and/or Settlement Class Members without prior written consent of the Parties or by order of the Court. 62. The primary method of notice for Settlement Class Members is individual Email Notice to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing of the intent to exclude himself or herself from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out Deadlinelast known email address shown on TD Bank’s records, as specified in the Noticeif any. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies secondary method of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior notice is individual Mail Notice to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself last known mailing address shown on TD Bank’s records, or herself shall at a more current address, if that information can reasonably be bound obtained by the terms of this AgreementAdministrator. 5663. The Within ninety (90) calendar days of Preliminary Approval, the Administrator shall (1) send Email Notice shall include a procedure for to Settlement Class Members for whom the Administrator was provided an email address; and (2) mail the Mail Notice to object to the Settlement and/or to Class Counsel’s application Members for attorneys’ fees, costs, and expenses, and for Service Awardswhom there are no email addresses on file. Objections to the Settlement or to the application for attorneys’ fees, costs, expenses, and for Service Awards must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPE’s counsel. For If an objection to be considered by the Court the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s Counsel, at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline, email is returned as specified in the Notice. 57. For an objection to be considered by the Courtundeliverable, the objection must also set forth: a. Administrator shall mail the name of the Action; b. the objector’s full name, address, email 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; 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Approval Hearing; g. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. the objector’s signature (an attorney’s signature is not sufficient). 58. Mail Notice shall be provided to the Settlement Class in at least one Member for whom the email was returned as undeliverable. The Administrator shall run the mailing addresses through the National Change of three ways: Address Database before mailing. If the mailed postcard is returned as undeliverable, the Administrator shall use reasonable efforts to locate a current mailing address for the Settlement Class Member and re-mail the notice to the current mailing address. 64. The Notice Program (which is composed of Email Notice, Mail Notice, Publication Notice, and the posting of the Long-Form Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached all as Exhibits 2, 3, and 4 to this Agreement. 59. After the Settlement Administrator receives the Class List from SPE, the Settlement Administrator shall run the mailing addresses included in the Class List through the National Change of Address Database, and shall mail the Mail Notice to all such Settlement Class Members at the addresses as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Mail Notice to the updated address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program described herein) shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61. The Settlement Administrator shall effectuate the Publication Notice by arranging for publication of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63no later than ninety (90) calendar days after Preliminary Approval. Within seven days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval of the Settlement. 64. All costs of the Notice Program shall be paid by SPE. 65. Within the parameters set forth in this Section VII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPE.ten

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 54. Within fifteen business days after Upon Preliminary ApprovalApproval of the Settlement, SPE will provide to at the direction of Settlement Administrator data files (collectivelyClass Counsel, the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses of the identifiable Settlement Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class List, the Settlement 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 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 upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members may access this Agreement and other related documents and information. 55. The Notice shall include a procedure for Settlement Class Members to exclude themselves from the Settlement Class by notifying the Settlement Administrator in writing of the intent to exclude himself or herself from the Settlement Class. Such written notification must be postmarked no later than the Opt-Out Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude himself or herself shall be bound by the terms of this Agreement. 56. The Notice shall include a procedure for Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards. Objections to the Settlement or to the application for attorneys’ fees, costs, expenses, and for Service Awards must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPE’s counsel. For an objection to be considered BancorpSouth 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 the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s Counsel, at the addresses listed in the Notice, Preliminary Approval Order. Notices and postmarked by no later than the Objection Deadline, publications provided under or as specified in the Notice. 57. 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, email 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; 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Approval Hearing; g. a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. the objector’s signature (an attorney’s signature is not sufficient). 58. Notice shall be provided to the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice shall be provided substantially in the forms attached as Exhibits 2, 3, and 4 to this Agreement. 59. After the Settlement Administrator receives the Class List from SPE, the Settlement Administrator shall run the mailing addresses included in the Class List through the National Change of Address Database, and shall mail the Mail Notice to all such Settlement Class Members at the addresses as updated (the “Mail Notice Program”). For any Mail Notices that are returned undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Mail Notice to the updated address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61. The Settlement Administrator shall effectuate the Publication Notice by arranging for publication of the Publication Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication Notice shall be completed by the Notice Deadline. 62. The Settlement Administrator shall post the Notice on the Settlement Website in the form agreed to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63. Within seven days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval of the Settlement. 64. All costs part of the Notice Program shall not bear or include the BancorpSouth logo or trademarks or the return address of BancorpSouth, or otherwise be paid by SPE. 65styled to appear to originate from BancorpSouth. Within the parameters set forth in this Section VII, further specific details Ownership of the Notice Program Settlement Website URL shall be subject transferred to BancorpSouth within ten (10) days after the agreement date on which operation of the Settlement Website ceases, which shall be one year and thirty (30) days following distribution of the Net Settlement Fund to Settlement Class Members as provided in Section XII, or such other date as Settlement Class Counsel and SPEBancorpSouth may agree upon in writing.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5458. Within fifteen business days As soon as practicable after Preliminary Approval, SPE will provide to the Settlement Administrator data files (collectively, the “Class List”) that identify, subject to the availability of information in reasonably accessible electronic form, the names and last known mail addresses Approval of the identifiable Settlement Settlement, at the direction of Class Members. SPE shall take appropriate measures to ensure that the Class List is transferred to the Settlement Administrator in a secure manner. The Settlement Administrator shall maintain the Class List in a secure manner. Upon receipt of the Class ListCounsel and Capital One’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 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 or “opt-out” of the Settlement Class; a date by which Settlement Class Members may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; a description of the Claims processes; and the address of the Settlement Website at which Settlement Class Members members may access this Agreement and other related documents and information. Class Counsel and Capital One shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. Notices provided under or as part of the Notice Program shall not bear or include the Capital One logo or trademarks or the return address of Capital One, or otherwise be styled to appear to originate from Capital One. 5559. The Notice also shall include a procedure for Settlement Class Members to exclude themselves from members of the Settlement Class by notifying the Settlement Administrator in writing to opt-out of the intent to exclude himself or herself from the Settlement Class. Such written notification must be 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 Deadline, as specified in the Notice. The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement in Corona v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600-RGK-E (C.D. Cal.); and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel shall move to file under seal with the Court no later than 10 days prior to the Final Approval HearingPeriod. Any Settlement Class Member member who does not timely and validly exclude himself or herself request to 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. 5660. 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, costs, costs and expenses, and expenses and/or Service Award for Service Awardsthe Class Representative. Objections to the Settlement or Settlement, to the application for attorneys’ fees, costs, expenses, and for and/or to the Service Awards Award must be electronically filed with the Court, or mailed to the Clerk of the Court, with copy to Class Counsel and SPECounsel, Capital One’s counsel, and the Settlement Administrator. For an objection to be considered by the Court Court, the objection must be: (a) electronically filed by the Objection Deadline; or (b) mailed first-class postage prepaid to the Clerk of Court, Class Counsel, and SPE’s Counsel, at the addresses listed in the Notice, and postmarked by be submitted no later than the Objection Deadlinelast day of the 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 envelope if mailed first- class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. 5761. 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, email address, 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 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, the Settlement or fee application, or the application for Service Awards; 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 5 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; g. i. a list of any all persons who will be called to testify at the Final Approval Hearing in support of the objection; h. x. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and i. x. the objector’s signature (an attorney’s signature is not sufficient). Class Counsel and/or Capital One may conduct limited discovery on any objector consistent with the Federal Rules of Civil Procedure. 5862. Notice shall be provided to Settlement Class members in three different ways: (a) Email notice to Account Holders for whom Capital One has email addresses (“Email Notice”); (b) postcard notice to those Account Holders for whom Capital One does not have email addresses (“Postcard Notice”); and (c) long-form notice with greater detail than the Email Notice and Postcard Notice (“Long Form Notice”). 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. 63. Capital One will cooperate with Class Counsel and its expert to make available the necessary data to Class Counsel’s expert to determine Settlement Class membership. The data necessary for Class Counsel’s expert to compile the Settlement Class in at least one of three ways: Mail Notice, Publication Notice, and Notice on the Settlement Website, with each method implemented pursuant to the terms of Section VII. Notice membership list shall be provided substantially in as soon as practicable. Capital One will bear the forms attached expense of extracting the necessary data to make available to Class Counsel’s expert for analysis, while Class Counsel shall be responsible for paying Class Counsel’s expert, who will analyze the data provided to determine Settlement Class membership as Exhibits 2, 3, and 4 to this Agreement. 59. After well as the amount of the Settlement Class’ damages. The Settlement Administrator receives the shall send out Email Notice to all Settlement Class List from SPEmembers receiving Notice by that method. For those Settlement Class members for whom Capital One does not have email addresses, the Settlement Administrator shall run the mailing physical addresses included in the Class List provided by Capital One through the National Change of Address Database, Database and shall mail the Mail Notice to all such Settlement Class Members at the addresses members Postcard Notice. The initial Mailed Postcard and Email Notice shall be referred to as updated (the Mail Initial Mailed Notice.” 64. The Settlement Administrator shall perform reasonable address traces for Mailed Notice Program”). For any Mail Notices postcards that are returned undeliverable with forwarding address informationas undeliverable. 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 60 days before the Final Approval Hearing, the Settlement Administrator shall complete the re-mail the Mail mailing of Postcard Notice to the updated those Settlement Class members whose new addresses were identified as of that time through address indicated. For any Mail Notices that are returned undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated traces (“Notice Re-mailing addresses and re-mail the Mail Notice to the extent updated addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Mail Notices that are returned as undeliverable. 60. The Mail Notice Program shall be completed by the Notice Deadline, excluding any re- mails for Mail Notices that are returned undeliverable. 61Process”). The Settlement Administrator shall effectuate send Postcard Notice to all Settlement Class members whose emails were returned as undeliverable and complete such Notice pursuant to the Publication deadlines described herein as they relate to the Notice by arranging for publication Re-mailing Process. 65. The Notice Program (which is composed of both the Publication Initial Mailed Notice in People Magazine, substantially in a form as that attached as Exhibit 3 to this Agreement. Publication and the Notice Re-mailing Process) shall be completed by no later than 60 days before the Notice DeadlineFinal Approval Hearing. 6266. The Settlement Administrator shall post the Notice on Subject to the Settlement Website in the form agreed Administration Costs Cap, costs related to by the Parties and approved by the Court. The Notice shall be posted on the Settlement Website by the Notice Deadline. 63. Within seven days after the Notice Deadline, the Settlement Administrator shall provide Class Counsel and SPE with one or more affidavits confirming that the Mail Notice Program, Publication Notice, and posting of Notice on the Settlement Website were completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such affidavit(s) with the Court as an exhibit to or in conjunction with Plaintiffs’ motion for final approval of the Settlement. 64. All costs of the Notice Program shall be paid by SPECapital One. Residual Funds, if any, shall be paid first to Capital One to reimburse it for these costs, as indicated in Section XI. 6567. Within the parameters provisions set forth in this Section VIIVIII, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and SPECapital One.

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Samples: Settlement Agreement

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