Common use of Notice to Settlement Class Clause in Contracts

Notice to Settlement Class. In the event of an order granting preliminary approval of the settlement by the District Court as described in Paragraph 6, notice of the settlement will be mailed and e-mailed to the individuals in the Settlement Class within fourteen days after such order. The Settlement Administrator will send the settlement class notice by first class U.S. mail to persons in the Settlement Class at such persons last known address, as listed in the Notice Information, and will also send the notice by e-mail to all members of the Settlement Class for whom Defendant has an e-mail address. Prior to mailing the notice, the Settlement Administrator will update the address information provided by Defendant through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run a search to determine and/or confirm the names and addresses of the Settlement Class Members. Any mailed notice returned to the Settlement Administrator with a new forwarding address will be re-mailed one time to the individual at the new forwarding address. The mail notice to the Settlement Class will contain a summary description of the Agreement, and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address may be uploaded . In the event that no mailing address or e-mail address can be identified by the Settlement Administrator for the Settlement Class Member, the Settlement Administrator shall provide notice to the Settlement Class Member by text message to the number provided by Defendant, which shall identify the individual as a Settlement Class Member and direct them to the settlement website for information and to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Administrator shall set up a dedicated website which will advise persons of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and which will answer frequently asked questions about the case. The parties agree that Notice to the Settlement Class, which will be sent, will be substantially similar to that attached as Exhibit 1 or Exhibit 2 (text message only notice). The parties agree that the Long Form Notice to the Settlement Class, which will only appear on the settlement website, will be substantially similar to that attached as Exhibit 3.

Notice to Settlement Class. In the event of an order granting preliminary approval a. No later than 30 days after entry of the settlement Preliminary Approval Order (unless otherwise specifically modified by the District Parties or ordered by the Court), Anthem shall cause, at its sole expense, a third party settlement administrator agreed to by the Parties and appointed by the Court (“Settlement Administrator”) to mail, first class postage prepaid, the Summary Settlement Notice attached as described in Paragraph 6, notice of the settlement will be mailed and e-mailed Exhibit C to the individuals in the this Agreement directly to Settlement Class within fourteen days after such order. The Settlement Administrator will send the settlement class notice by first class U.S. mail to persons in the Settlement Class at such persons last known address, as listed in the Notice Information, and will also send the notice by e-mail to all members of the Settlement Class for whom Defendant has an e-mail addressMembers. Prior to mailing the noticeSummary Settlement Notice, the Settlement Administrator shall update the last known addresses reflected in Anthem’s records for Settlement Class Members by comparing them to the National Change of Address system to ensure individual notice is provided to all reasonably identifiable Settlement Class Members. If any Summary Settlement Notices are returned as undeliverable with forwarding addresses provided, the Settlement Administrator shall re-send Summary Settlement Notices to the forwarding addresses. For any Summary Settlement Notices returned undeliverable without forwarding addresses provided, the Settlement Administrator shall run an address search (skiptrace) against the Lexis-Nexis address database, or comparable database, and re-send Settlement Notices to any updated addresses obtained. b. The Summary Settlement Notice will provide a description of the settlement terms and refer Settlement Class Members to a settlement website, created by the Settlement Administrator, which will contain this Agreement and Exhibits, the operative Complaints and a list of relevant deadlines, and other agreed-to materials and information including the Full Settlement Notice attached as Exhibit D, which will be available in English and Spanish. The Summary Settlement Notice (Exhibit C) shall give Settlement Class Members 30 days from the date of such mailing to request exclusion from or object to the terms of the Settlement. The Parties agree that Plaintiffs’ Counsel shall have an opportunity to review the content placed on the settlement website and make suggested edits before the content is posted to the website. Anthem shall provide Plaintiffs’ Counsel with any proposed content 10 days before its addition to the settlement website. Plaintiffs’ Counsel shall notify Anthem in writing within 3 days of their receipt of such content if they have any suggested edits to any aspect of such content. Plaintiffs’ Counsel will be deemed to have consented to the proposed content if Plaintiffs’ Counsel fails to notify Anthem of any suggested edits within this period. Justice Xxxxxxx will resolve any disputes between the Parties regarding such content. The website will be available for 120 calendar days following the disbursement of settlement checks pursuant to paragraph 6.a.i and 6.a.iv. c. No later than the date that the Summary Settlement Notice (Exhibit C) is mailed to the Settlement Class Members, the Parties agree that a copy of the Summary Settlement Notice (Exhibit C) and Full Settlement Notice (Exhibit D), in English and Spanish, will be made available to the public through a settlement website. For those Settlement Class Members who cannot access the Full Settlement Notice in such a manner, the Settlement Administrator will update the address information provided by Defendant through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run establish a search toll-free number that Settlement Class Members can call to determine and/or confirm the names and addresses request a mailed copy of the Full Settlement Notice. Settlement Class MembersMembers will also be able to call this toll-free number for general information about the Agreement. Any mailed notice returned to the Settlement Administrator with a new forwarding address This toll-free number will be re-available no later than the date that the Summary Settlement Notice (Exhibit C) is mailed one time to the individual at the new forwarding address. The mail notice to the Settlement Class will contain a summary description Members and continuously available for 120 calendar days following the disbursement of the Agreement, settlement checks pursuant to paragraphs 6.a.i and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address may be uploaded . In the event that no mailing address or e-mail address can be identified by the Settlement Administrator for the Settlement Class Member, the Settlement Administrator shall provide notice to the Settlement Class Member by text message to the number provided by Defendant, which shall identify the individual as a Settlement Class Member and direct them to the settlement website for information and to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Administrator shall set up a dedicated website which will advise persons of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and which will answer frequently asked questions about the case. The parties agree that Notice to the Settlement Class, which will be sent, will be substantially similar to that attached as Exhibit 1 or Exhibit 2 (text message only notice). The parties agree that the Long Form Notice to the Settlement Class, which will only appear on the settlement website, will be substantially similar to that attached as Exhibit 36.a.

Notice to Settlement Class. In Following preliminary approval, the event Settlement Class shall be notified as follows: A. Within 10 calendar days after entry of an order granting preliminary approval preliminarily approving this Settlement, Defendant will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the settlement by the District Court as described in Paragraph 6, notice of the settlement will be mailed and e-mailed to the individuals in the Settlement Class within fourteen days after such order. The Settlement Administrator will send the settlement class notice by first class U.S. mail to persons in the Settlement Class at such persons last known address, as listed in the Notice Information, and will also send the notice by e-mail to all members of the Settlement Class for whom that Defendant has an e-mail addressis able to provide, including the dates of employment and the number of workweeks worked during the Class Period. Prior For the small number of instances where Defendant does not have such information, it will provide in good faith as much of the information it is able to mailing the noticereasonably provide. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Administrator will update the address information provided by Defendant Class Members through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run a search to determine and/or confirm the names and any updated addresses of the for Settlement Class Members. , (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any mailed notice Notice Packets returned to the Settlement Claims Administrator with a new forwarding address will as undelivered on or before the Response Deadline (defined below) shall be re-mailed one time to the individual at forwarding address affixed thereto. If no forwarding address is provided, the new forwarding address. The mail notice Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to the Settlement Class will contain a summary description of the Agreement, and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address may be uploaded . In the event that no obtain an updated mailing address or e-mail within 5 business days of receiving the returned Notice Packet. If an updated mailing address can be identified by the Settlement Administrator for the Settlement Class Memberis identified, the Settlement Claims Administrator shall provide notice resend the Notice Packet to the Settlement Class Member by text message promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the number provided by Defendant, which shall identify the individual as a Settlement Class Member and direct them to the settlement website for information and to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Claims Administrator shall set up have 14 calendar daysfrom the date of re-mailing, or until the Response Deadline has expired, whicheveris later, to mail a dedicated website which will advise persons Request for Exclusion, objection, or dispute. Notice Packets thatare re-sent shall inform the recipient of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and which will answer frequently asked questions about the case. The parties agree that Notice to the Settlement Class, which will be sent, will be substantially similar to that attached as Exhibit 1 or Exhibit 2 (text message only notice). The parties agree that the Long Form Notice to the Settlement Class, which will only appear on the settlement website, will be substantially similar to that attached as Exhibit 3this adjusted deadline.

Notice to Settlement Class. In Following preliminary approval, the event Settlement Class shall be notified as follows: A. Within 10 calendar days after entry of an order granting preliminary approval preliminarily approving this Settlement, Defendant will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the settlement by the District Court as described in Paragraph 6, notice of the settlement will be mailed and e-mailed to the individuals in the Settlement Class within fourteen days after such order. The Settlement Administrator will send the settlement class notice by first class U.S. mail to persons in the Settlement Class at such persons last known address, as listed in the Notice Information, and will also send the notice by e-mail to all members of the Settlement Class, including the dates of employment and the number of workweeks worked during the Class for whom Defendant has an e-mail address. Prior to mailing the noticePeriod. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Administrator will update the address information provided by Defendant Class Members through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run a search to determine and/or confirm the names and any updated addresses of the for Settlement Class Members. , (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any mailed notice Notice Packets returned to the Settlement Claims Administrator with a new forwarding address will as undelivered on or before the Response Deadline (defined below) shall be re-mailed one time to the individual at forwarding address affixed thereto. If no forwarding address is provided, the new forwarding address. The mail notice Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to the Settlement Class will contain a summary description of the Agreement, and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address may be uploaded . In the event that no obtain an updated mailing address or e-mail within 5 business days of receiving the returned Notice Packet. If an updated mailing address can be identified by the Settlement Administrator for the Settlement Class Memberis identified, the Settlement Claims Administrator shall provide notice resend the Notice Packet to the Settlement Class Member by text message promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the number provided by Defendant, which shall identify the individual as a Settlement Class Member and direct them to the settlement website for information and to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Claims Administrator shall set up have 14 calendar days from the date of re-mailing, or until the Response Deadline has expired, whichever is later, to mail a dedicated website which will advise persons Request for Exclusion, objection, or dispute. Notice Packets that are re-sent shall inform the recipient of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and which will answer frequently asked questions about the case. The parties agree that Notice to the Settlement Class, which will be sent, will be substantially similar to that attached as Exhibit 1 or Exhibit 2 (text message only notice). The parties agree that the Long Form Notice to the Settlement Class, which will only appear on the settlement website, will be substantially similar to that attached as Exhibit 3this adjusted deadline.

Notice to Settlement Class. In Following the event Court issuing its Order Granting Preliminary Approval, the Settlement Class shall be notified as follows: A. Within 30 calendar days after entry of an order granting preliminary approval preliminarily approving this Settlement, Defendant will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the settlement by the District Court as described in Paragraph 6, notice of the settlement will be mailed and e-mailed to the individuals in the Settlement Class within fourteen days after such order. The Settlement Administrator will send the settlement class notice by first class U.S. mail to persons in the Settlement Class at such persons last known address, as listed in the Notice Information, and will also send the notice by e-mail to all members of the Settlement Class, including the dates of employment and the number of workweeks worked during the Class for whom Defendant has an e-mail addressPeriod (the “Class Data”). Prior The Class Data provided to mailing the noticeClaims Administrator will not be provided to Class Counsel and it will remain confidential. It shall be used solely to administer the Settlement, and it will not be used or disclosed to anyone, except as required by applicable tax authorities, pursuant to Defendant’s express written consent, or by order of the Court. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Administrator will update the address information provided by Defendant Class Members through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run a search to determine and/or confirm the names and any updated addresses of the for Settlement Class Members. , (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any mailed notice Notice Packets returned to the Settlement Claims Administrator with a new forwarding address will as undelivered on or before the Response Deadline (defined below) shall be re-mailed one time to the individual at forwarding address affixed thereto. If no forwarding address is provided, the new forwarding address. The mail notice Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to the Settlement Class will contain a summary description of the Agreement, and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address may be uploaded . In the event that no obtain an updated mailing address or e-mail within 5 business days of receiving the returned Notice Packet. If an updated mailing address can be identified by the Settlement Administrator for the Settlement Class Memberis identified, the Settlement Claims Administrator shall provide notice resend the Notice Packet to the Settlement Class Member by text message promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the number provided by Defendant, which shall identify the individual as a Settlement Class Member and direct them to the settlement website for information and to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Claims Administrator shall set up have 14 calendar days from the date of re-mailing, or until the Response Deadline has expired, whichever is later, to mail a dedicated website which will advise persons Request for Exclusion, objection, or dispute. Notice Packets that are re-sent shall inform the recipient of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and which will answer frequently asked questions about the case. The parties agree that Notice to the Settlement Class, which will be sent, will be substantially similar to that attached as Exhibit 1 or Exhibit 2 (text message only notice). The parties agree that the Long Form Notice to the Settlement Class, which will only appear on the settlement website, will be substantially similar to that attached as Exhibit 3this adjusted deadline.

Notice to Settlement Class. In Following preliminary approval, the event Settlement Class shall be notified as follows: A. Within ten (10) calendar days after entry of an order granting preliminary approval preliminarily approving this Settlement, Defendant will provide the Settlement Administrator with the names, last known addresses, last known telephone numbers, social security numbers, dates of employment, and workweek and pay period information (in electronic format), including the number of workweeks worked during the Class Period and number of pay periods worked during the PAGA Period, of the settlement by the District Court as described in Paragraph 6, notice of the settlement will be mailed and e-mailed to the individuals in the Settlement Class within fourteen days after such order. The Settlement Administrator will send the settlement class notice by first class U.S. mail to persons in the Settlement Class at such persons last known address, as listed in the Notice Information, and will also send the notice by e-mail to all members of the Settlement Class for whom Defendant has an e-mail address. Prior to mailing the noticeand PAGA Group. B. Within ten (10) business days from receipt of this information, the Settlement Administrator will update shall: (i) run the address information provided by Defendant names of all Settlement Class Members through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run a search to determine and/or confirm the names and addresses of the for Settlement Class Members. ; (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search; and (iii) mail the Class Notice to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any mailed notice Class Notices returned to the Settlement Administrator with a new forwarding address will as undelivered on or before the Response Deadline (defined below) shall be re-mailed one time to the individual at the new forwarding addressaddress affixed thereto. The mail notice to If no forwarding address is provided, the Settlement Class will contain a summary description of the Agreement, and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address may be uploaded . In the event that no obtain an updated mailing address or e-mail within five (5) business days of receiving the returned Class Notice. If an updated mailing address can be identified by the Settlement Administrator for the Settlement Class Memberis identified, the Settlement Administrator shall provide notice resend the Class Notice to the Settlement Class Member by text message to promptly, and in any event within three (3) business days of obtaining the number provided by Defendant, which shall identify the individual as a updated address. Settlement Class Member and direct them Members to the settlement website for information and whom Class Notes are re-sent after having been returned as undeliverable to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Administrator shall set up a dedicated website which will advise persons of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and which will answer frequently asked questions about the case. The parties agree that Notice to the Settlement Class, which will be sent, will be substantially similar to that attached as Exhibit 1 or Exhibit 2 (text message only notice). The parties agree that the Long Form Notice to the Settlement Class, which will only appear on the settlement website, will be substantially similar to that attached as Exhibit 3.have fourteen

Notice to Settlement Class. In Following preliminary approval, the event Settlement Class shall be notified as follows: A. Within 10 calendar days after entry of an order granting preliminary approval preliminarily approving this Settlement, Defendants will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the settlement by the District Court as described in Paragraph 6, notice of the settlement will be mailed and e-mailed to the individuals in the Settlement Class within fourteen days after such order. The Settlement Administrator will send the settlement class notice by first class U.S. mail to persons in the Settlement Class at such persons last known address, as listed in the Notice Information, and will also send the notice by e-mail to all members of the Settlement Class, including the dates of employment and the number of workweeks worked during the Class for whom Defendant has an e-mail address. Prior to mailing the noticePeriod. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Administrator will update the address information provided by Defendant Class Members through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run a search to determine and/or confirm the names and any updated addresses of the for Settlement Class Members. , (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any mailed notice Notice Packets returned to the Settlement Claims Administrator with a new forwarding address will as undelivered on or before the Response Deadline (defined below) shall be re-mailed one time to the individual at forwarding address affixed thereto. If no forwarding address is provided, the new forwarding address. The mail notice Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to the Settlement Class will contain a summary description of the Agreement, and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address may be uploaded . In the event that no obtain an updated mailing address or e-mail within 5 business days of receiving the returned Notice Packet. If an updated mailing address can be identified by the Settlement Administrator for the Settlement Class Memberis identified, the Settlement Claims Administrator shall provide notice resend the Notice Packet to the Settlement Class Member by text message promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the number provided by Defendant, which shall identify the individual as a Settlement Class Member and direct them to the settlement website for information and to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Claims Administrator shall set up have 14 calendar days from the date of re-mailing, or until the Response Deadline has expired, whichever is later, to mail a dedicated website which will advise persons Request for Exclusion, objection, or dispute. Notice Packets that are re-sent shall inform the recipient of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and which will answer frequently asked questions about the case. The parties agree that Notice to the Settlement Class, which will be sent, will be substantially similar to that attached as Exhibit 1 or Exhibit 2 (text message only notice). The parties agree that the Long Form Notice to the Settlement Class, which will only appear on the settlement website, will be substantially similar to that attached as Exhibit 3this adjusted deadline.