Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel shall submit this Settlement Agreement to the Court as part of an unopposed motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request entry of a Preliminary Approval Order in the form attached hereto as Exhibit D or an order substantially similar, requesting, inter alia: a) conditional certification of the Exposure Class and Non-Exposure Class for settlement purposes only pursuant to ¶ 2.9; b) preliminary approval of the Settlement Agreement as set forth herein; c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Fees and Litigation Costs; d) appointment of Proposed Class Counsel as Class Counsel; e) appointment of Representative Plaintiff as Class Representative; f) approval of a customary form of short notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit C which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing; g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval. 3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval. 3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval. 3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b). 3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order. 3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. Preliminary and Final Approval of the Settlement Agreement shall be sought in the United States District Court for the Southern District of Iowa.
3.2. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and PurFoods’ Counsel shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Proposed Settlement Class Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D to be agreed upon by the Parties, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter aliaamong other things:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.9Paragraph 2.8;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Proposed Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel as Settlement Class Counsel;
d) appointment of Proposed Plaintiffs as Settlement Class Counsel as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”D to this Settlement Agreement;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which B to this Settlement Agreement, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlementSettlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Approval Hearing;; and
g) appointment of a Claims Xxxxx as the Settlement Administrator, or such other provider of claims administrative service, as may be jointly agreed to . The Short Notice and Long Notice have been reviewed and approved by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Settlement Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies cost of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide providing notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as and the costs of such notice, all subject together with the Costs of Settlement Administration shall be paid from the Settlement Fund. Fee Award and Costs for Settlement Class Counsel, and Service Awards to Representative Plaintiffs, as approved by the aggregate cap provided under ¶ 2.3Court, shall also be paid from the Settlement Fund as set forth in Paragraphs 7.2, 7.3 and 7.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement AgreementAgreement (and no later than five days thereafter), Proposed Co-Lead Settlement Class Counsel and counsel for Defendants shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Plaintiffs’ counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D 3 to Plaintiffs’ Unopposed Motion for Preliminary Approval of the Class Action Settlement, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.6;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Proposed Co-Lead Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel as Co-Lead Settlement Class Counsel;
d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be emailed or, if emailing is unsuccessful, mailed or emailed to Settlement Class Members (“Short-Form Notice”in a form substantially similar to those attached as Exhibits B and C to the Xxxxx Decl.;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached hereto to the Xxxxx Decl. as Exhibit B and a customary long form notice (“Long-Form A, which, together with the Short Notice”) in a form substantially similar to the one attached hereto as Exhibit C which together , shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Plaintiff’s Counsel and counsel for PECU shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Plaintiff’s Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a mutually agreeable Preliminary Approval Order in the form attached hereto as Exhibit D or an order substantially similar, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Xxxx X. Xxxxxxx of XXXXXXX XXXXXXX XXXXXX XXXXXXXX XXXXXXXX PLLC as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff as Class Representative;
fe) approval of a customary form of short notice Short Notice to be mailed or emailed by first-class United States Postal Service (“USPS”) mail to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit A, attached hereto.
f) approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit B, attached hereto, which, together with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) appointment approval of a Claims Administrator, the Claim Form to be available on the Settlement Website for submitting claims and available in .pdf format on the Settlement Website for or such other provider of claims administrative service, as may be jointly agreed to if specifically requested by the Settling PartiesSettlement Class Member, in a form substantially similar to Exhibit C, attached hereto; and
h) approval appointment of a claim form substantially similar to that attached hereto Kroll Settlement Administration LLC as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Agreement Class Counsel shall submit this Settlement Agreement to the Court as part of an unopposed Court, and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, PLLC as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff as Class Representative;
fe) approval of a customary form of short notice Short Notice to be mailed or emailed by U.S. mail to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit B, attached hereto.
f) approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit C, attached hereto, which, together with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) appointment approval of the Claim Form to be available on the Settlement Website for submitting claims and available, upon request, in a Claims Administratorform substantially similar to Exhibit A, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Partiesattached hereto; and
h) approval appointment of a claim form substantially similar to that attached hereto Xxxxxxx as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Plaintiffs’ Counsel and counsel for GCBS shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Plaintiffs’ Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a mutually agreeable Preliminary Approval Order in the form attached hereto as Exhibit D or an order substantially similar, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) appointment of J. Xxxxxx Xxxxxxx of the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for law firm STRANCH, JENNINGS & XXXXXX, PLLC as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed by first-class United States Postal Service (“USPS”) mail, or emailed by email, if possible, to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit A, attached hereto.
f) approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit B, attached hereto, which, together with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) appointment approval of a Claims Administrator, the Claim Form to be available on the Settlement Website for submitting claims and available in .pdf format on the Settlement Website for or such other provider of claims administrative service, as may be jointly agreed to if specifically requested by the Settling PartiesSettlement Class Member, in a form substantially similar to Exhibit C, attached hereto; and
h) approval appointment of a claim form substantially similar to that attached hereto Epiq Class Action & Claims Solutions, Inc. as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. Preliminary and Final Approval of the Settlement Agreement shall be sought in the United States District Court for the District of Oregon.
3.2. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for ETZ shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Proposed Settlement Class Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D to be agreed upon by the Parties, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter aliaamong other things:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.9Paragraph 2.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Proposed Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel as Settlement Class Counsel;
d) appointment of Proposed Plaintiffs as Settlement Class Counsel as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice to be Short Notice and Email Notice mailed or and emailed to Settlement Class Members (“Short-Form Notice”in forms substantially similar to the ones attached as Exhibits D and E to this Settlement Agreement;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit B to this Settlement Agreement, which, together with the Short Notice and a customary long form notice (“Long-Form Email Notice”) in a form substantially similar to the one attached hereto as Exhibit C which together , shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlementSettlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;; and
g) appointment of a Claims Simpluris as the Settlement Administrator. The Short Notice, or such other provider of claims administrative serviceEmail Notice, as may be jointly agreed to and Long Notice have been reviewed and approved by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Settlement Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies cost of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as and the costs of such noticeNotice, all subject together with the Costs of Settlement Administration, shall be paid from the Settlement Fund. Fee Award and Costs for Settlement Class Counsel, and Service Awards to Representative Plaintiffs, as approved by the aggregate cap provided under ¶ 2.3Court, shall also be paid from the Settlement Fund as set forth in Paragraphs 7.2, 7.3 and 7.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for SEIU 32BJ shall jointly submit this Settlement Agreement to the Court as part of an unopposed and Settlement Class Counsel shall file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D 1, or an order substantially similarsimilar to such form, requesting, inter alia:
(a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.5;
(b) preliminary approval of the Settlement Agreement as set forth herein;
(c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel as Settlement Class Counsel;
(d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff as Class Representative;
f(e) approval of a customary form of short notice to be mailed or emailed provided to Settlement Class Members (the “Short-Form Short Notice”) in a form substantially similar to the one attached hereto as Exhibit B and 3;
(f) approval of a customary long form of notice (“Long-Form Long Notice”) to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which 4, which, together with the Short Notice, shall include a fair summary of the partiesParties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-opt out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
(g) appointment of a Kroll Settlement Administration LLC as the Notice Specialist and Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
(h) approval of a claim form substantially similar to that attached hereto as Exhibit A. 2. The Notice Short Notice, Long Notice, and Claim Form shall be have been reviewed and approved by the Notice Specialist and Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approvalParties.
3.2. Within 30 days SEIU 32BJ shall pay for providing notice to the Settlement Class in accordance with the Preliminary Approval Order, and the costs of an order directing class such notice, Defendant will (i) provide together with the Costs of Claims Administration. Attorneys’ fees, costs, and expenses of Settlement Class Counsel, and a service award to the Claims Administrator a class list that includes Settlement Class Members’ full namesRepresentative, current addresses, email addresses, and last known phone numbers, where known and/or shall be paid by SEIU 32BJ as reflected set forth in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing¶ 7 below. Notice shall be provided to class members in accordance with Settlement Class Members via e-mail or mail to the Notice plan set forth in the Motion for Preliminary Approval.
3.3addresses provided by SEIU 32BJ. The Notice notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement AgreementAgreement and other documents as agreed upon by the Parties. A toll-free telephone help line staffed with an interactive voice response system shall be made available to address provide Settlement Class Members’ inquiriesMembers with additional information about the settlement. The Claims Administrator also will provide copies of the forms of the Notice Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Settlement Class Counsel and/or PTHCand SEIU 32BJ’s counsel shall cause to be filed may file with the Court an appropriate affidavit or declaration with respect to complying with this provision of Noticenotice. The Notice Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Notice Specialist and/or Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Proposed Settlement Class Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D to be agreed upon by the parties, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter aliaamong other things:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.8;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Proposed Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel as Settlement Class Counsel;
d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”3 to Plaintiffs’ Unopposed Motion for Preliminary Approval of the Class Action Settlement;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which 2 to Plaintiffs’ Unopposed Motion for Preliminary Approval of the Class Action Settlement, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;; and
g) appointment of a Epiq as the Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. . The Short Notice and Claim Form shall be Long Notice have been reviewed and approved by the Claims Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Plaintiff’s Counsel and counsel for Texas ENT shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Plaintiff’s Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a mutually agreeable Preliminary Approval Order in the form attached hereto as Exhibit D or an order substantially similar, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) appointment of Xxxxxxxx Xxxxx and Xxxx Xxxxx of the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for law firm XXXXX LLP as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed or emailed by first-class United States Postal Service (“USPS”) mail to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit A, attached hereto.
f) approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit B, attached hereto, which, together with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) appointment approval of a Claims Administrator, the Claim Form to be available on the Settlement Website for submitting claims and available in .pdf format on the Settlement Website for or such other provider of claims administrative service, as may be jointly agreed to if specifically requested by the Settling PartiesSettlement Class Member, in a form substantially similar to Exhibit C, attached hereto; and
h) approval appointment of a claim form substantially similar to that attached hereto Epiq Class Action & Claims Solutions, Inc. as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel and counsel for Sturdy Memorial shall jointly submit this Settlement Agreement to the Court as part of Court, and Plaintiffs shall file an unopposed assented to motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D E, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
(a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.6;
(b) an order directing issuance of class notice pursuant to Mass. R. Civ. P. 23(d);
(c) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Fees and Litigation Costs;
(d) appointment of Proposed Class Counsel XXXXXXX XXXXXXX XXXXXX XXXXXXXX XXXXXXXX, PLLC, XXXXXXXXX XXXXXXX XXXXX PLLP, XXXXXX XXXXXXX & XXXXXX LLP, the LAW OFFICE OF XXXXX XXXXXX, and the LAW OFFICE OF XXXX X. XXXXXXX as Class Counsel;
(e) appointment of Representative Plaintiff the Plaintiffs as Class RepresentativeRepresentatives;
(f) appointment of Angeion Group as Claims Administrator, or such other provider of claims administration and notice provider services, as may be jointly agreed to by the Settling Parties and approved by the Court;
(g) approval of a customary short form of short notice to be individually mailed or emailed via first-class USPS mail to the Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary (“Summary Notice”);
(h) approval of the long form notice (“Long-Form Notice”) to be posted on the Settlement Website in a form substantially similar to the one Exhibit C, attached hereto as Exhibit C which (“Long Form Notice”), which, together with the Summary Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorneys’ fees, costs, and expenses, the requested service awards, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h(a) approval of a claim form Claim Form to be available on the Settlement Website for submitting claims electronically and available for download to Settlement Class Members, which is substantially similar to that attached hereto as Exhibit A. D. See ¶¶ 2.1 and 2.4 above.
3.2 The Notice Summary Notice, Long Notice, Claim Form, and Claim Form shall other applicable communications may be reviewed adjusted by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC Sturdy Memorial shall pay for all the Costs of Claims Administration, and the costs associated with the Claims Administrator, and for of providing Notice notice to the Settlement Class in accordance with the Preliminary Approval Order. Any attorneys’ fees, costs, and expenses of Plaintiffs’ Counsel, and service awards to the Class Representatives, as well approved by the Court, shall be paid by Xxxxxx Memorial as the costs of such notice, all subject set forth in ¶ 7 below.
3.3 The Claims Administrator shall provide notice to the aggregate cap provided under ¶ 2.3.Settlement Class Members follows:
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for Navicent shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.12;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Fees and Litigation Costs;
d) appointment of Proposed Settlement Class Counsel as Settlement Class Counsel;
ed) appointment of Representative Plaintiff as Class Representative;
fe) approval of a customary form of short notice to be mailed or emailed provided to Settlement Class Members (the “Short-Form Short Notice”) in a form substantially similar to the one attached hereto as Exhibit B and B;
f) approval of a customary long form of notice (“Long-Form Long Notice”) to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which C, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-opt- out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Postlethwaite & Xxxxxxxxxxx as the Notice Specialist and Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and;
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. See ¶¶ 2.1 and 2.2 above; and
i) appointment of Xxxxxx X. Max to serve as Claims Referee. The Notice Short Notice, Long Notice, and Claim Form shall be have been reviewed and approved by the Notice Specialist and Claims Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days 3.2 Navicent shall pay for providing notice to the Settlement Class in accordance with the Preliminary Approval Order, and the costs of an order directing class such notice, Defendant will (i) provide to together with the Costs of Claims Administrator a class list that includes Administration. Attorneys’ fees, costs, and expenses of Proposed Settlement Class MembersCounsel and Plaintiffs’ full names, current addresses, email addressesCounsel, and last known phone numbersan service award to Class Representative, where known and/or shall be paid by Navicent as reflected set forth in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing¶ 7 below. Notice shall be provided to class members in accordance Settlement Class Members via mail to the postal address provided when the Settlement Class Members conducted transactions with the Notice plan set forth in the Motion for Preliminary Approval.
3.3Navicent or other reasonable alternative means. The Notice notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address provide Settlement Class Members’ inquiriesMembers with additional information about the settlement. The Claims Administrator also will provide copies of the forms of the Notice Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Settlement Class Counsel and/or PTHC’s counsel and Navicent shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Noticenotice. The Notice Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Notice Specialist and/or Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence be completed within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 16 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed 17 Settlement Class Counsel and counsel for Grays Harbor shall jointly submit this Settlement 18 Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court 19 requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an 20 order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
21 a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant 22 to ¶ 2.92.13;
23 b) preliminary approval of the Settlement Agreement as set forth herein;
24 c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Fees and Litigation Costs;
d) appointment of Proposed Settlement Class Counsel as Settlement Class 25 Counsel;
e26 d) appointment of Representative Plaintiff as Class Representative;; 27
f1 e) approval of a customary form of short notice to be mailed or emailed to Settlement 2 Class Members (the “Short-Form Short Notice”) in a form substantially similar to the 3 one attached hereto as Exhibit B and B;
4 f) approval of a customary long form of notice (“Long-Form Long Notice”) to be posted 5 on the Settlement Website in a form substantially similar to the one 6 attached hereto as Exhibit C which C, which, together with the Short Notice, shall 7 include a fair summary of the parties’ respective litigation positions, the 8 general terms of the settlement set forth in the Settlement Agreement, 9 instructions for how to object to or opt-out of the settlement, the process 10 and instructions for making claims to the extent contemplated herein, and 11 the date, time and place of the Final Fairness Hearing;
12 g) appointment of a Claims Administrator, or such other provider of claims administrative service, Postlethwaite & Xxxxxxxxxxx as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.Specialist and
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Plaintiff’s Counsel and counsel for WSU shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Plaintiff’s counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.6;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Xxxxxxxx & Sherwood as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff as Class Representative;
fe) approval of a customary form of short notice Short Notice to be emailed, where emails addresses are available, and to be mailed by U.S. mail where email is unavailable or emailed if an email is undeliverable or bounced back, to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”A;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which B, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form the Claim Form to be available on the Settlement Website for submitting claims and available, upon request, substantially similar to that the one attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.C; and
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel and counsel for Xxxxxxx shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.9;2.12; FILED DATE: 7/11/2022 8:54 PM 2021CH06274
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Fees and Litigation Costs;
d) appointment of Proposed Class Counsel as Class Counsel;
ed) appointment of Representative Plaintiff Plaintiffs as Class RepresentativeRepresentatives;
fe) approval of a customary form of short notice to be mailed or emailed provided to Settlement Class Members (the “Short-Form Short Notice”) in a form substantially similar to the one attached hereto as Exhibit B and B;
f) approval of a customary long form of notice (“Long-Form Long Notice”) to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which C, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-opt- out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Postlethwaite & Xxxxxxxxxxx as the Notice Specialist and Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and,
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. See ¶¶ 2.1, 2.2 and 2.3 above. The Notice Short Notice, Long Notice, and Claim Form shall be have been reviewed and approved by the Notice Specialist and Claims Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. 3.2 Notice shall be provided to class members in accordance Settlement Class Members via mail to the postal address provided when the Settlement Class Members conducted transactions with the Notice plan set forth in the Motion for Preliminary Approval.
3.3Bansley or other reasonable alternative means. The Notice notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address provide FILED DATE: 7/11/2022 8:54 PM 2021CH06274 Settlement Class Members’ inquiriesMembers with additional information about the settlement. The Claims Administrator also will provide copies of the forms of the Notice Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel and Xxxxxxx shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Noticenotice. The Notice Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Notice Specialist and/or Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence be completed within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. Preliminary and Final Approval of the Settlement Agreement shall be sought in the United States District Court for the District of Maryland.
3.2. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for AGH shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Proposed Settlement Class Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D to be agreed upon by the Parties, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter aliaamong other things:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.9Paragraph 2.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Proposed Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel as Settlement Class Counsel;
d) appointment of Proposed Plaintiffs as Settlement Class Counsel as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”to this Settlement Agreement;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which to this Settlement Agreement, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlementSettlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;; and
g) appointment of a Claims Xxxxx Settlement Administration LLC as the Settlement Administrator, or such other provider of claims administrative service, as may be jointly agreed to . The Short Notice and Long Notice have been reviewed and approved by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Settlement Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies cost of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide providing notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as and the costs of such notice, all subject together with the Costs of Settlement Administration shall be paid from the Settlement Fund. Fee Award and Costs for Settlement Class Counsel, and Service Awards to Representative Plaintiffs, as approved by the aggregate cap Court, shall also be paid from the Settlement Fund as set forth in Paragraphs 7.2, 7.3 and 7.4 below. Notice shall be provided under ¶ 2.3.to Settlement Class Members by the Settlement Administrator as follows:
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for OSF shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
(a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.6;
(b) preliminary approval of the Settlement Agreement as set forth herein;
(c) the scheduling appointment of a Final Fairness Hearing Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, PLLC, Xxxxxx Xxxxxxx LLC and briefing schedule for Motion For Final Hearing and Application for Xxxxxxxxxxx, Blankinship, Xxxx-Xxxxxxx & Xxxxxx, LLP as Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
(d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
(e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice to be mailed or emailed to provided attached hereto as Exhibit B;
(f) n the Settlement Class Members (“Short-Form Notice”) Website in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form C, which, together with the Short Notice”) in a form substantially similar to the one attached hereto as Exhibit C which together , shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth xxxx in the Settlement Agreement, instructions for how to object to or opt-opt out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
(g) appointment of a KCC Class Action Services LLC as the Notice Specialist and Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and;
(h) approval of a claim form substantially similar to that attached hereto as Exhibit A. A; and
(i) appointment of KCC Class Action Services LLC to serve as Claims Referee. The Notice Short Notice, Long Notice, and Claim Form shall be have been reviewed and approved by the Notice Specialist and Claims Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days OSF shall pay for providing notice to the Settlement Class in accordance with the Preliminary Approval Order, and the costs of an order directing class such notice, Defendant will (i) provide together with the Costs of Claims Administration. Class ards to the Claims Administrator a class list that includes Settlement Class Members’ full namesRepresentatives, current addresses, email addresses, and last known phone numbers, where known and/or shall be paid by OSF as reflected set forth in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing¶ 7 below. Notice shall be provided to class members in accordance Settlement Class Members via mail to the postal address provided when the Settlement Class Members conducted transactions with the Notice plan set forth in the Motion for Preliminary Approval.
3.3OSF or other reasonable alternative means. The Notice notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement AgreementAgreement and other important case documents. A toll-free help line staffed with an interactive voice response system shall be made available to address provide Settlement Class Members’ inquiriesMembers with additional information about the settlement. The Claims Administrator also will provide copies of the forms of the Notice Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior At least five (5) days prior to the Final Fairness Hearing, Proposed Settlement Class Counsel and/or PTHC’s and OSF s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Noticenotice. The Notice Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Notice Specialist and/or Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence be completed within thirty (30) days after entry of the Preliminary Approval Order Order.
3.3. Settlement Class Counsel and OSF the settlement set forth herein.
3.4. OSF shall be completed within sixty cause the Claims Administrator to provide (60at OSF notice to the relevant state and federal governmental officials as required by the Class Action Fairness Act.
3.5. No later than twenty-one (21) days after entry of the Preliminary Approval Order, OSF shall provide the Notice Specialist and/or Claims Administrator with the name and last known physical address and/or email address (to the extent available) of each Settlement OSF possesses.
3.6. PTHC The Class Member Information and its contents shall pay be used by the Notice Specialist and/or Claims Administrator solely for the purpose of performing its obligations pursuant to this Agreement and shall not be used for any other purpose at any time. Except to administer the settlement as provided in this Settlement Agreement, or provide all of data and information in its possession to the costs associated with Settling Parties upon request, the Claims AdministratorAdministrator and Notice Specialist shall not reproduce, and for providing Notice to copy, store, or distribute in any form, electronic or otherwise, the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3Member Information.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for CSS shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
(a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.6;
(b) preliminary approval of the Settlement Agreement as set forth herein;
(c) the scheduling appointment of a Final Fairness Hearing Xxxx Xxxxxxxxx of Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, PLLC and briefing schedule for Motion For Final Hearing and Application for Xxxxxxx X. Xxxxxx of Xxxxxxxxx Stock & XxXxxxx, LLC as Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
(d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff as Class Representative;
f(e) approval of a customary form of short notice to be mailed or emailed provided to Settlement Class Members (the “Short-Form Short Notice”) in a form substantially similar to the one attached hereto as Exhibit B and B;
(f) approval of a customary long form of notice (“Long-Form Long Notice”) to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which C, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-opt out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
(g) appointment of a KCC Class Action Services LLC as the Notice Specialist and Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and;
(h) approval of a claim form substantially similar to that attached hereto as Exhibit A. A; and
(i) appointment of KCC Class Action Services LLC to serve as Claims Referee. The Notice Short Notice, Long Notice, and Claim Form shall be have been reviewed and approved by the Notice Specialist and Claims Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days CSS shall pay for providing notice to the Settlement Class in accordance with the Preliminary Approval Order, and the costs of an order directing class such notice, Defendant will (i) provide to together with the Costs of Claims Administrator a class list that includes Administration. Attorneys’ fees, costs, and expenses of Settlement Class MembersCounsel and Class Plaintiff’ full names, current addresses, email addressesCounsel, and last known phone numbersservice awards to Class Representatives, where known and/or shall be paid by CSS as reflected set forth in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing¶ 7 below. Notice shall be provided to class members in accordance Settlement Class Members via mail to the postal address provided when the Settlement Class Members conducted transactions with the Notice plan set forth in the Motion for Preliminary Approval.
3.3CSS or other reasonable alternative means. The Notice notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement AgreementAgreement and other important case documents. A toll-free help line staffed with an interactive voice response system shall be made available to address provide Settlement Class Members’ inquiriesMembers with additional information about the settlement. The Claims Administrator also will provide copies of the forms of the Notice Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior At least five (5) days prior to the Final Fairness Hearing, Proposed Settlement Class Counsel and/or PTHCand CSS’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Noticenotice. The Notice Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Notice Specialist and/or Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence be completed within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class but not later than June 20, 2022, Plaintiffs’ Counsel and counsel for TUCC shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Plaintiffs’ Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D E, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, PLLC as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed or emailed by U.S. mail to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit B, attached hereto.
f) approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit C, attached hereto, which, together with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) appointment approval of the Claim Form to be available on the Settlement Website for submitting claims and available, upon request, in a Claims Administratorform substantially similar to Exhibit D, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Partiesattached hereto; and
h) approval appointment of a claim form substantially similar to that attached hereto Epiq as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel shall submit this Settlement Agreement to the Court as part of an unopposed Court, and Proposed Class Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a mutually agreeable Preliminary Approval Order in the form attached hereto as substantially similar to Exhibit D or an order substantially similarF in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Class for settlement purposes only pursuant to ¶ 2.92.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Fees and Litigation Costs;
d) appointment of Proposed Class Counsel as Class Counsel;
ed) appointment of Representative Plaintiff as Class Representative;
fe) approval of a customary form of short notice Short Notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit A, attached hereto.
f) approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit B, attached hereto, which, together with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) appointment approval of the Claim Form to be used by Class Members to make a Claims AdministratorClaim in a form substantially similar to Exhibit C, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Partiesattached hereto; and
h) approval appointment of a claim form substantially similar to that attached hereto Epiq as Exhibit A. the Settlement Administrator. The Notice Short Notice, Long Notice, and Claim Form shall be have been reviewed and approved by the Claims Settlement Administrator and but may be revised as agreed upon by the Settling Parties Parties. Immaterial revisions to these documents may be made prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision dissemination of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice Any changes to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as Short Notice, Long Notice, and Claim Form that do not materially affect the costs substance of such notice, all subject to the aggregate cap provided under ¶ 2.3.Settlement Agreement that the Court may require will not invalidate this Settlement Agreement
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for HMHD shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.4;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Proposed Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel as Settlement Class Counsel;
d) appointment of Proposed Class Counsel Representative Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice to be mailed or emailed to Settlement Class Members (the “Short-Form Short Notice”) in a form substantially similar to the one attached hereto as Exhibit B and B;
f) approval of a customary long form of notice (“Long-Form Long Notice”) to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which C, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-opt- out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims KCC as the Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. See ¶ 2.1 above. The Notice Short Notice, Long Notice, and Claim Form shall be have been reviewed and approved by the Claims Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel shall submit this Settlement Agreement to the Court as part of an unopposed Court, and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.9only;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Xxxxxxx, Xxxxxxxx, & Xxxxxx, PLLC as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed or emailed by U.S. mail to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit B, attached hereto. Docusign Envelope ID: E7AE1CF7-080D-407C-AC99-A2FFB35A6C35
f) approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit C, attached hereto, which, together with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the consequences for a Class member of taking no action on the Settlement Agreement, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of the Claim Form to be available on the Settlement Website for submitting Claims and available, upon request, in a claim form substantially similar to that Exhibit A, attached hereto hereto;
h) appointment of Xxxxxxxxx as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by Administrator; and
i) the Settling Parties prior to such submission to setting of a hearing at which the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide determine whether to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to grant final approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the (“Final Fairness Hearing”), Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days including identification of the filing time and place of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b)hearing.
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed Interim Class Counsel and counsel for Canon shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D or an order substantially similar, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.8;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Representatives Service Award and Attorney’s Attorneys’ Fees and Litigation Costs;
d) appointment of Proposed Interim Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff Plaintiffs as Class RepresentativeRepresentatives;
f) approval of a customary form of short notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit C which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days 3.2 Canon shall pay for all of an order directing class notice, Defendant will (i) provide to the costs associated with the Claims Administrator a class list that includes and for providing Notice to the Settlement Class Membersin accordance with the Preliminary Approval Order as well as the costs of such notice. Attorneys’ full namesfees, current addresses, email addressescosts, and last known phone numbersexpenses of Interim Class Counsel, where known and/or and a service award to Class Representatives (if permitted), shall be paid by Canon as reflected set forth in PTHC’s records and (ii) pay ¶ 7 below, subject to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailingCourt approval. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system a reasonable number of live operators shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Interim Class Counsel and/or PTHCCanon’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel and counsel for OFP shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D or an order substantially similar, requesting, inter alia:
a) conditional certification of the Exposure Settlement Class and Non-Exposure Class SSN Subclass for settlement purposes only pursuant to ¶ 2.92.10;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award Awards and Attorney’s Attorneys’ Fees and Litigation Costs;
d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff Plaintiffs as Class RepresentativeRepresentatives;
f) approval of a customary form of short notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit C which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed Class Plaintiff’s Counsel and counsel for Defendants shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Plaintiff’s Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
(a) conditional certification Certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.10;
(b) preliminary Preliminary approval of the Settlement Agreement as set forth herein;
(c) the scheduling Appointment of a Final Fairness Hearing Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, PLLC, Xxxxxx & Xxxxxx, P.A., and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Fees and Litigation Costs;
d) appointment of Proposed Class Counsel Xxxxx Law Group LLP as Class Counsel;
e(d) appointment Appointment of Representative Plaintiff as Class Representative;
f(e) approval Approval of a customary form of short notice Short Notice to be mailed or emailed by U.S. mail to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit E.
(f) Approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit C, which, together, with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorney’s fees, and the date, time time, and place of the Final Fairness HearingHearing (as defined in ¶ 3.4 below);
(g) appointment Approval of the Claim Form to be available on the Settlement Website for submitting claims and available, upon request, in a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto Exhibit A; and
(h) Appointment of RG/2 Claims Administration LLC as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. 3.2 The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC Defendants shall pay for all costs of the costs associated with the Claims Administrator, providing notice (estimated at $35,000.00) and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as and the costs of such notice, all subject together with the Costs of Claims Administration. Any attorneys’ fees, costs, and expenses of Plaintiff’s Counsel, and a service award to the aggregate cap Class Representative, as approved by the Court, shall be paid by the Defendants. Notice shall be provided under ¶ 2.3.to Settlement Class Members by the Claims Administrator as follows:
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed Class Interim Lead Counsel and Luxottica’s Counsel shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Interim Lead Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D to be agreed upon by the Settling Parties, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter aliaamong other things:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.9Paragraph 2.13;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Interim Lead Counsel as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Plaintiffs as the Class Counsel as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Form Notice to be emailed or mailed or emailed to Settlement Class Members (“Short-Form Notice”) members in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long5-6;
f) approval of the Long Form Notice”) Notice to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which 3, which, together with the Short Form Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;; and
g) appointment of a Claims Xxxxx Settlement Administration as the Settlement Administrator, or such other provider of claims administrative service, as may be jointly agreed to . The Short Form Notice and Long Form Notice have been reviewed and approved by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Settlement Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice3.2 The Short Form Notice, Defendant will (i) provide Long Form Notice, and other applicable communications to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Settlement Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent consistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Court’s Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for Einstein shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D D, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
(a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.6;
(b) preliminary approval of the Settlement Agreement as set forth herein;
(c) the scheduling appointment of a Final Fairness Hearing Xxxxxxxx Law Group, P.C., Xxxxxx & Xxxxxx Complex Litigation Group, Xxxxxx Spirt Grunfeld, P.C., Xxxxx Xxxxx Xxxxxx Xxxxxxxxxxx Xxxxx & Xxxxxxxx, LLP and briefing schedule for Motion For Final Hearing and Application for Xxxxx Xxxxxxxxx, LLP as Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
(d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
(e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice to be mailed or emailed provided to Settlement Class Members (the “Short-Form Short Notice”) in a form substantially similar to the one attached hereto as Exhibit B and B;
(f) approval of a customary long form of notice (“Long-Form Long Notice”) to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which C, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-opt out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
(g) appointment of a RG2 Claims Administration LLC as the Notice Specialist and Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and;
(h) approval of a claim form substantially similar to that attached hereto aks Exhibit A; and
(i) appointment of Bennett G. Picker, or his associate, to serve as Exhibit A. Claims Referee. The Notice Short Notice, Long Notice, and Claim Form shall be have been reviewed and approved by the Notice Specialist and Claims Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days Einstein or its insurer shall pay for providing notice to the Settlement Class in accordance with the Preliminary Approval Order, and the costs of an order directing class such notice, Defendant will (i) provide to together with the Costs of Claims Administrator a class list that includes Administration. Attorneys’ fees, costs, and expenses of Settlement Class MembersCounsel and Class Plaintiffs’ full names, current addresses, email addressesCounsel, and last known phone numbersservice awards to Class Representatives, where known and/or shall be paid by Einstein as reflected set forth in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing¶ 7 below. Notice shall be provided to Settlement Class Members via mail to the postal address provided when the Settlement Class Members conducted transactions with Einstein. For those class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3whose mailing addresses were not found or mail was returned previously, reasonable efforts will be made to identify email addresses which will be used to provide Notice. The Notice notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement AgreementAgreement and other important case documents. A toll-free help line staffed with an interactive voice response system shall be made available to address provide Settlement Class Members’ inquiriesMembers with additional information about the settlement. The Claims Administrator also will provide copies of the forms of the Notice Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior At least five (5) days prior to the Final Fairness Hearing, Proposed Settlement Class Counsel and/or PTHC’s and Einstein’ counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Noticenotice. The Notice Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Notice Specialist and/or Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence be completed within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Settlement Class Counsel and counsel for CSI shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Proposed Settlement Class Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D to be agreed upon by the Parties, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter aliaamong other things:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.15;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Proposed Settlement Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel as Settlement Class Counsel;
d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”B;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached hereto as Exhibit C which C, which, together with the Short Notice, shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;; and
g) appointment of a Angeion Group as the Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. . The Short Notice and Claim Form shall be Long Notice have been reviewed and approved by the Claims Administrator and but may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Plaintiffs’ Counsel and counsel for Startek shall jointly submit this Settlement Agreement to the Court as part of an unopposed Court, and Plaintiffs’ Counsel will file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D E, or an order substantially similarsimilar to such form in both terms and cost, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.7;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling appointment of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, PLLC as Class Representative Service Award and Attorney’s Fees and Litigation CostsCounsel;
d) appointment of Proposed Class Counsel Plaintiffs as Class CounselRepresentatives;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice Short Notice to be mailed or emailed by first-class mail to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to Exhibit B, attached hereto.
f) approval of the one attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit C, attached hereto, which, together with the one attached hereto as Exhibit C which together Short Notice, shall include a fair summary of the partiesSettling Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing;
g) appointment approval of the Claim Form to be available on the Settlement Website for submitting claims and available, upon request, in a Claims Administratorform substantially similar to Exhibit D, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Partiesattached hereto; and
h) approval appointment of a claim form substantially similar to that attached hereto Atticus Administration, LLC (“Atticus”) as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
Appears in 1 contract
Samples: Settlement Agreement
Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel and counsel for Insight Global shall jointly submit this Settlement Agreement to the Court as part of an unopposed and file a motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D or an order substantially similar, requesting, inter alia:
a) conditional certification of the Exposure Class and Non-Exposure Settlement Class for settlement purposes only pursuant to ¶ 2.92.8;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) the scheduling of a Final Fairness Hearing and briefing schedule for Motion For Final Hearing and Application for Class Representative Service Award and Attorney’s Attorneys’ Fees and Litigation Costs;
d) appointment of Proposed Class Counsel as Class Counsel;
e) appointment of Representative Plaintiff as Class Representative;
f) approval of a customary form of short notice to be mailed or emailed to Settlement Class Members (“Short-Form Notice”) in a form substantially similar to the one Representatives; attached hereto as Exhibit B and a customary long form notice (“Long-Form Notice”) in a form substantially similar to the one attached hereto as Exhibit C which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time and place of the Final Fairness Hearing;
g) appointment of a Claims Administrator, or such other provider of claims administrative service, as may be jointly agreed to by the Settling Parties; and
h) approval of a claim form substantially similar to that attached hereto as Exhibit A. The Notice and Claim Form shall be reviewed by the Claims Administrator and may be revised as agreed upon by the Settling Parties prior to such submission to the Court for approval.
3.2. Within 30 days of an order directing class notice, Defendant will (i) provide to the Claims Administrator a class list that includes Settlement Class Members’ full names, current addresses, email addresses, and last known phone numbers, where known and/or as reflected in PTHC’s records and (ii) pay to the Claims Administrator the funds necessary to pay for the printing costs and costs of mailing. Notice shall be provided to class members in accordance with the Notice plan set forth in the Motion for Preliminary Approval.
3.3. The Notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the Notice and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with an interactive voice response system shall be made available to address Settlement Class Members’ inquiries. The Claims Administrator also will provide copies of the forms of the Notice and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, Proposed Class Counsel and/or PTHC’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of Notice. The Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and not inconsistent with such approval.
3.4. Within ten (10) days of the filing of the Motion for Preliminary Approval, PTHC shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b).
3.5. The Notice Program shall commence within thirty (30) days after entry of the Preliminary Approval Order and shall be completed within sixty (60) days after entry of the Preliminary Approval Order.
3.6. PTHC shall pay for all of the costs associated with the Claims Administrator, and for providing Notice to the Settlement Class in accordance with the Preliminary Approval Order, as well as the costs of such notice, all subject to the aggregate cap provided under ¶ 2.3.
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Samples: Settlement Agreement
