REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs shall file in this Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following: 4.1 Preliminarily approve the Settlement; 4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3); 4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class; 4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes; 4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel. 4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement; 4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: a. process requests for Opt-Outs from the Settlement in accordance with Sections VII and IX of this Agreement; b. process Claim Forms in accordance with Section VII of this Agreement; c. disseminate the Class Notices according to the approved notice plan; and d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld). 4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court. 4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider: a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G; b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs. 4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 4 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs but no later than ten (10) days after execution of this Agreement, Plaintiff shall file in this the Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order Preliminary Approval Order shall by its terms shall accomplish all of the following:
4.1 Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
4.2 Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau Designate Plaintiff as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for of the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Designate Class Counsel as counsel for the Settlement ClassesClass;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process requests for Process Opt-Outs from the Settlement Out requests in accordance with Sections VII and Section IX of this Agreement;
b. process Process Objections in accordance with Section IX of this Agreement;
c. Process Claim Forms in accordance with Section VII VI of this Agreement;
c. disseminate d. Before disseminating the Class Notices according to the approved notice plan; and
d. Settlement Notice, establish the Settlement WebsitesWebsite, which Settlement Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Settlement and to submit Claim Forms. The ; and
e. Set up and operate a toll-free automated interactive voice response system through which Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld)Class Members can access Settlement information.
4.8 To 4.6 Approve the extent necessaryform, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, timecontents, and location method of the Fairness Hearing, upon notice to be given to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved Class as fair, reasonableset forth in Section VI of this Agreement, and adequatedirect Defendant to provide, and whether cause to be provided, such notice and to file with the Released Claims Court a declaration of the Settlement Classes against the Released Persons should be dismissed compliance with prejudice by entry of the Final Approval Order and Judgmentthose notice requirements, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined set forth in Section VIII at least twenty-one (21) days prior to the deadline for members VI of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Coststhis Agreement.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable A. Promptly after the execution of this AgreementSettlement Agreement by all Parties, Plaintiffs Class Counsel and Defense Counsel shall file in this Action this Agreement take all reasonable and a motion seeking necessary steps to obtain entry of the Preliminary Approval Order and obtain entry of the Final Approval Order. Class Counsel, with Defense Counsel’s pre-filing review, shall prepare and file all documents in connection with the Motion for Preliminary Approval and the Motion for Final Approval.
B. Not later than ten (10) calendar days after the filing of this Settlement Agreement with the Court, the Settlement Administrator, on Volusion’s behalf, shall serve or cause to be served notice of the proposed Settlement upon the appropriate federal and state officials, as provided by CAFA.
C. Not later than ten (10) calendar days after the Court enters the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 Preliminarily approve the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given Volusion will provide to the Settlement Classes Administrator a list of all persons to whom Volusion sent its Notice of Data Incident dated on or about April 21, 2020, advising that on or about October 8, 2019, Volusion learned that personal information of some customers of Volusion’s merchant clients may have been improperly exposed as set forth in Section VII a result of this Agreementmalware placed on Volusion’s e-commerce platform.
D. Not later than fourteen (14) calendar days after receiving the list of all persons to whom Volusion sent its Notice of Data Incident dated on or about April 21, and direct 2020, the Settlement Administrator will commence sending Class Notice to provideClass Members.
E. In the event that the Court fails to issue the Preliminary Approval Order, or fails to issue the Final Approval Order, the Parties agree to use their best efforts, consistent with this Settlement Agreement, to cure any defect(s) identified by the Court. If, despite their best efforts, the Parties cannot cure said defects, the Settlement Agreement is voidable at the election of Plaintiffs or Volusion with each party returning to their respective pre-settlement posture and without prejudice or waiver to any party’s pre-settlement position on any legal or factual issue.
F. The Parties acknowledge that prompt approval, consummation, and cause implementation of this Settlement Agreement are essential. The Parties shall cooperate with each other in good faith to be providedcarry out the purposes of and effectuate this Settlement Agreement, such notice shall promptly perform their respective obligations hereunder, and shall promptly take any and all reasonable actions and execute and deliver any and all additional documents and all other materials and/or information reasonably necessary or appropriate to file with carry out the terms of this Settlement Agreement and the transactions contemplated hereby.
G. Upon Entry of the Final Approval Order, the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions shall enter judgment in accordance with the terms of this Settlement Agreement, the Preliminary Approval Order, and substantially as provided in the Final Approval Order Order. The judgment shall enjoin the prosecution of any litigation or class action by Plaintiffs or any Class Member of any and Judgment:
a. process requests for Opt-Outs from all claims or causes of action alleged in the Settlement Litigation and/or that could have been alleged in accordance with Sections VII the Litigation, under the laws of any jurisdiction, including federal law, state law, and IX common law, whether at law or equity, that reasonably arise out of this Agreement;
b. process Claim Forms the same set of operative facts alleged in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to Action Complaint filed in the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission Litigation or Volusion’s Notice of Claim FormsData Incident. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location scope of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims is limited to the operative facts set forth in the operative Complaint in the Litigation and all potential claims, whether known or unknown, reasonably arising out of the Settlement Classes against same set of operative facts, and/or arising from the Released Persons should be dismissed with prejudice by entry facts described in Volusion’s Notice of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and CostsData Incident.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs and, if necessary, transfer of the Xxxxxx Action, the Xxxxx Action, the Xxxxx Action, and the Xxxx Action, Class Counsel shall file in this Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
4.2 Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.2 Certify both 4.3 Designate Plaintiffs as the representatives of the Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Designate Class Counsel as counsel for the Settlement ClassesClass;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process Process requests for Opt-Outs from the Settlement in accordance with Sections VII and Section IX of this Agreement;
b. process Process Objections to the Settlement in accordance with Section IX of this Agreement;
c. Process Claim Forms in accordance with Section VII V of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. Before disseminating Class Notice, establish the Settlement WebsitesWebsite, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, e. Seeking an order to stay any other proceedings affecting the certified class pending in this Court or any other courtCourt.
4.9 Set 4.6 Approve the dateform, timecontents, and location method of the Fairness Hearing, upon notice to be given to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved Class as fair, reasonableset forth in Section VI of this Agreement, and adequatedirect NAPG to provide, and whether cause to be provided, such notice and to file with the Released Claims Court a declaration of the Settlement Classes against the Released Persons should be dismissed compliance with prejudice by entry of the Final Approval Order and Judgmentthose notice requirements, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined set forth in Section VIII at least twenty-one (21) days prior to the deadline for members VI of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Coststhis Agreement.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of executing this Agreement, Plaintiffs shall take all necessary steps to file with the Court in this Action this Agreement and the Western District of Washington a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
2. Conditionally certify the Settlement Class as a nationwide class for purposes of effectuating the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed3. R. Civ. P. 23(a)(1)-(4) and (b)(3)Designate Plaintiffs as the Class Representatives;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau 4. Designate Class Counsel as Class Representatives counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement 5. Designate CPT Group as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, Agreement and the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for OptDisseminate the Summary Notice by email if available or first-Outs from the Settlement in accordance with Sections VII and IX of this Agreementclass United States Mail if email is not available;
b. process Claim Forms Establish the Settlement Website with the Settlement Agreement, FAQ, and other information that Bosch and Class Counsel jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings such as the operative Complaint, papers in accordance with Section VII support of this Agreementpreliminary and final approval of the Settlement, and Class Counsel’s Fee Petition, plus relevant orders of the Court;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Establish a toll-free telephone number that Class Members can visit call to read request hard copies of the Claim Forms and FAQ be sent to them by mail and obtain additional information regarding the Settlement. This should be accomplished before mailing the Settlement Notice or publishing the Publication Notice.
d. Receive, evaluate, and either approve completed Claim Forms sent by Persons seeking to receive compensation as meeting the requirements of the Agreement or disapprove as failing to meet those requirements, including submission claims for Past Display Failures and claims for Future Display Failures;
e. Subject to the provisions of Section V(D) of this Agreement, thirty- five (35) days before mailing Notices of Claim FormsDenial, provide to Bosch and Class Counsel (i) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Claims; and (ii) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Claims, by category of benefit. The Settlement Website Bosch and Class Counsel shall be reviewed then have an opportunity to review the Valid Claims and approved by Viridian (which approval the Notices of Claim Denial and request a meet and confer should they decide to challenge any Valid Claims or Notices of Claim Denial. In the event Class Counsel challenges a Notice of Claim Denial, that Notice shall not unreasonably be withheldsent to the Class Member until Class Counsel and counsel for Defendant meet and confer to arrive at a resolution, which must occur within at least twenty-eight (28) days of the Settlement Administrator’s provision of the lists described above to Class Counsel and counsel for Defendant. Legitimate grounds for Bosch and Class Counsel to challenge a claim shall include, but are not limited to, inadequate documentation and inconsistency with Bosch’s records, all of which is subject to Section V(D) below discussing the Class Member’s opportunity to cure a deficiency with their claim.
f. Effect Publication Notice through appropriate media for the Settlement Class.
g. Send, by email if available or first-class United States Mail if email is not available, to each Person who has submitted a Claim Form that the Settlement Administrator has determined not to be a Valid Claim, and which has not been challenged by Class Counsel, a Notice of Claim Denial or a notice of claim deficiency.
h. Process requests for exclusion from the Settlement in accordance with this Agreement;
i. Process objections to the Settlement in accordance with this Agreement;
j. Within thirty-five (35) days after the payment of all Valid Claims for monetary compensation by the Settlement Administrator, provide to Bosch and Class Counsel, under penalty of xxxxxxx, a statement of the total number of claims submitted (in total and by category of benefit), the total number of claims adjudicated as Valid Claims (in total and by category of benefit), and the total dollar amount paid to Settlement Class Members (in total and by category of benefit).
4.8 To k. Process Future Display Failure claims following the extent necessarysame procedures as set forth in (d) and (e) above, stay any other proceedings affecting and providing the certified class pending reports and related information set forth in this Court or any other courtthose provisions to Bosch every thirty-five (35) days to address Future Display Failures on a rolling basis through the last qualifying date.
4.9 Set 6. Approve the dateform, timecontents, and location methods of notice to be given to the Settlement Class and direct the Settlement Administrator to provide and cause to be provided such notices and to file with the Court a declaration detailing the scope, methods, and results of the notice program.
7. Establish procedures and schedule deadlines for Settlement Class Members to object to the Settlement or certification of the Settlement Class, to exclude themselves from the Settlement, and to submit Claim Forms to the Settlement Administrator, all consistent with the terms of this Agreement.
8. Schedule the Fairness Hearing; and
9. Schedule deadlines for the filing of (a) papers in support of final approval of the certification of the Settlement Class, the designation of Plaintiffs as representatives of the Settlement Class, the appointment of Class Counsel as counsel for the Settlement Class, and the Settlement; (b) Class Counsel’s Petition for Fees and Service Awards for Class Representatives; and (c) objections to certification of the Settlement Class, to the designation of Plaintiffs as the representatives of the Settlement Class, to the appointment of Class Counsel as counsel for the Settlement Class, or to the Settlement.
B. At the Fairness Hearing, upon notice Bosch and Class Counsel will jointly request the Court to enter a Final Approval Order that (1) certifies the Settlement ClassesClass, to consider:
a. whether designates Plaintiffs as Class Representatives, and designates Class Counsel as counsel for the Settlement should be finally approved Class; (2) grants final approval of the Settlement and this Agreement as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections adequate to the Settlement or motion for an award Class Members; (3) finds that the Class Notice complied with all laws, including, but not limited to Federal Rule of Attorneys’ Fees Civil Procedure 23 and Costs.
4.10 Within ten (10) days the Due Process Clause of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.United States Constitution,
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, but no later than seven (7) days after execution of this Agreement, Plaintiffs shall file in this the Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order Preliminary Approval Order shall by its terms shall accomplish all of the following:
4.1 Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
4.2 Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Designate Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as the Class Representatives for of the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Designate Class Counsel as counsel for the Settlement ClassesClass;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process requests for Process Opt-Outs from the Settlement Out requests in accordance with Sections VII and Section IX of this Agreement;
b. process Process Objections in accordance with Section IX of this Agreement;
c. Process Claim Forms in accordance with Section VII VI of this Agreement;
c. disseminate d. Before disseminating the Class Notices according to the approved notice plan; and
d. Settlement Notice, establish the Settlement WebsitesWebsite, which Settlement Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Settlement and to submit Claim Forms. The ; and
e. Set up and operate a toll-free automated interactive voice response system through which Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld)Class Members can access Settlement information.
4.8 To 4.6 Approve the extent necessaryform, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, timecontents, and location method of the Fairness Hearing, upon notice to be given to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved Class as fair, reasonableset forth in Section VI of this Agreement, and adequatedirect Defendants to provide, and whether cause to be provided, such notice and to file with the Released Claims Court a declaration of the Settlement Classes against the Released Persons should be dismissed compliance with prejudice by entry of the Final Approval Order and Judgmentthose notice requirements, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined set forth in Section VIII at least twenty-one (21) days prior to the deadline for members VI of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Coststhis Agreement.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs shall Class Counsel will file in this Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall will accomplish all of the following:
4.1 Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
4.2 Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.2 Certify both 4.3 Designate Plaintiff as the representative of the Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Designate Class Counsel as counsel for the Settlement ClassesClass;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP Approve the Settlement Administrator and Wittels Lawinstruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, P.C. as Lead the Preliminary Approval Order, and the Final Approval Order:
a. Process requests for Opt-Outs from the Settlement in accordance with Section VII of this Agreement;
b. Process Objections to the Settlement in accordance with Section VII of this Agreement;
c. Process Claim Forms in accordance with Section VI of this Agreement;
d. Providing paper claims forms to those Settlement Class CounselMembers who request them; and
e. Before disseminating Postcard Notice, establish the Settlement Website, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms.
4.6 Approve the form, contents, and methods method of notice to be given to the Settlement Classes Class as set forth in Section VII VI of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 Section VI of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for Opt-Outs from the Settlement in accordance with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of this Agreement, the Parties shall file this Agreement in the Consolidated MDL Lawsuit, and Plaintiffs shall file in this Action this Agreement a consolidated amended complaint and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Agreement as fair, reasonable, and adequate to the Settlement Class;
2. Certify the Settlement Class as a nationwide class solely for the purpose of effecting the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed3. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Designate the Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement 4. Designate Plaintiffs’ Co-Lead Counsel as Class Counsel for the Settlement ClassesClass;
4.5 5. Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this AgreementAdministrator, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process requests for Opt-Outs from Disseminate the Settlement in accordance with Sections VII and IX of this Agreement;Notice, including the Publication Notice.
b. process Claim Forms Establish the Settlement Website with information that the Parties jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings, such as the operative complaints, papers in accordance with Section VII of this Agreement;support of
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Establish a toll-free telephone number that Settlement Websites, which Class Members can visit call to read request that a hard copy of the Claim Form or Opt-out Form be sent to them by First-Class Mail with the United States Postal Service, and also to obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website This shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld)accomplished before mailing the Settlement Notice.
4.8 To the extent necessaryd. Receive, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, timeevaluate, and location either approve the Claim Forms submitted by Claimants as meeting the requirements of the Fairness Hearingthis Agreement or disapprove as failing to meet those requirements, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims all in accordance with Section IV of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Coststhis Agreement.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
Samples: Settlement Agreement
REQUIRED EVENTS. The events set forth in this Section II, in addition to the occurrence of the “Effective Date” as described in Section I., are conditions precedent to this Agreement becoming effective. As soon as practicable after the execution of this AgreementAgreement by all Plaintiffs and FXG, the Plaintiffs shall file in this Action this Agreement with the Court and a motion seeking move for entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit FF hereto, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve this Settlement as fair, reasonable, and adequate to the SettlementClass Members and Sub-Class Members;
4.2 Certify both 2. Designate Rust Consulting as the Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, KulesaAdministrator, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator approve it to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process requests Provide for Optthe Settlement Notice (with the Fairness Hearing date) and the Forms, in a form substantially the same as the documents attached hereto as Exhibit C and Exhibit D, to be sent by mail to all Notified Class Members and Sub-Outs Class Members that can be identified through a reasonable effort;
b. Provide for the Class and Settlement Notice (with the Fairness Hearing date) and the Forms, in a form substantially the same as the document attached hereto as Exhibit C and Exhibit E, to be sent by mail to all Unnotified Class Members and Sub-Class Members that can be identified through a reasonable effort;
c. Receive and evaluate any Exclusion Requests from Unnotified Class Members
d. Provide for the notice required by the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715, substantially in the form attached hereto as Exhibit G, to be mailed in accordance with the provisions of CAFA to the appropriate federal and state officials;
e. Receive, evaluate, and either approve as meeting the requirements of Section III.B of this Agreement or disapprove as failing to meet those requirements, the Forms submitted by Class Members and Sub-Class Members seeking to receive a payment under this Settlement, all in accordance with Sections I and III of this Agreement;
f. Provide to FXG and Class Counsel, 14 days after the first mailing of the Settlement Notice and Forms and then updated every 14 days thereafter, (i) a list of the names and addresses of all Class Members and Sub-Class Members who have submitted Forms and whose Forms the Settlement Administrator has determined constitute Valid Claims; (ii) a separate list of the names and addresses of all Class Members and Sub-Class Members who have submitted Forms and whose Forms the Settlement Administrator has determined do not constitute Valid Claims; (iii) a separate list of the names and addresses of all Class Members and Sub-Class Members who have submitted documents indicating that they wish to object to the Settlement; and (iv) a list of the names and addresses of all Unnotified Class Members who have submitted Exclusion Requests along with copies of the Exclusion Requests.
g. Send, by first-class United States Mail, to each Class Member and Sub-Class Member who has timely submitted Forms that the Settlement Administrator has determined to be deficient in some respect, a notice of deficiency;
h. Process objections to the Settlement in accordance with Sections VII and IX Section VI of this Agreement;
b. process Claim Forms i. Mail settlement payments to Class Members and Sub-Class Members with Valid Claims, as ordered by the Court in the Final Approval Order, in accordance with Section III of this Agreement;
j. Mail payment(s) for attorneys’ fees and costs to Class Counsel, as ordered by the Court in the Final Approval Order, in accordance with Section VII of this Agreement;
c. disseminate k. Mail incentive awards to Plaintiffs as ordered by the Court in the Final Approval Order, in accordance with Section VII of this Agreement;
l. Establish, designate and maintain the Class Notices according Settlement Fund as a “qualified settlement fund” under Internal Revenue Code § 468B and Treasury Regulation § 1.468B-1 for the purpose of resolving the contested claims of Eligible Class Members and Eligible Sub-Class Members;
m. Maintain the assets of the Class Settlement Fund in a non-interest bearing escrow account segregated from the assets of FXG and any person related to FXG;
n. Obtain an employer identification number (EIN) for the Class Settlement Fund pursuant to Treasury Regulation § 1.468B-2(k)(4);
o. Prepare and file federal income tax returns for the Class Settlement Fund, as well as any other tax filings the Class Settlement Fund must make under federal, state, or local law;
p. Cooperate with FXG to jointly file a relation-back election under Treasury Regulation § 1.468B-1(j)(2), if necessary, to treat the Class Settlement Fund as coming into existence as of the earliest possible date;
q. Pay and deposit the federal taxes owed by the Class Settlement Fund under Treasury Regulation § 1.468B-2, as well as any state or local taxes owed by the Class Settlement Fund;
r. Prepare, file, and issue all necessary tax reporting forms for the Class Settlement Fund, including IRS Forms 1099 regarding the distribution of payments to Class Members, Class Counsel, and Plaintiffs;
s. Provide FXG with copies of all tax reporting and filings made for the Class Settlement Fund, including copies of the checks and IRS Forms 1099 issued to Class Members, Class Counsel, and Plaintiffs, and any other documentation to show that the tax reporting and filings were timely transmitted to the approved notice planclaimants and the applicable taxing authorities;
t. Pay any additional tax liabilities (including penalties and interest) that arise from the establishment and administration of the Class Settlement Fund solely from the assets of the Class Settlement Fund without any recourse against FXG for additional monies;
u. Within 30 days after the payment of all Valid Claims, provide to FXG and Class Counsel a statement of the total number of claims submitted, the total number of claims adjudicated to be Valid Claims, and the total dollar amount paid to each Class Member and Sub-Class Member (the “Final Accounting”);
v. Liquidate any remaining assets of the Class Settlement Fund after all payments to Class Members, Class Counsel, and Plaintiffs have been made and all tax obligations have been satisfied, and distribute such assets as directed by the Court; and
d. establish w. Petition the Court for termination of the Class Settlement Fund once all of the duties listed above in subsections (a) to (u) have been completed.
3. Approve reasonable compensation and costs to the Settlement WebsitesAdministrator in accordance with the terms of Exhibit H hereto.
4. Approve the “§ 1.468B-3 Statement” that FXG will provide to the Settlement Administrator by February 15 of the year following the calendar year in which FXG transfers the Settlement Payment to the Class Settlement Fund.
5. Approve the form, which contents, and methods of notice to be given to the Class Members can visit and Sub-Class Members as set forth in Section IV of this Agreement, and direct the Settlement Administrator to read provide such notices.
6. Establish procedures and obtain additional information regarding deadlines for Class Members and Sub-Class Members to object to the Settlement and to submit Forms to the Settlement Administrator, all consistent with Sections III and VI of this Agreement.
7. Schedule deadlines for the filing of (a) objections to the Settlement, including submission and (b) papers in support of Claim Formsfinal approval of the Settlement; and
8. The Settlement Website shall be reviewed and approved by Viridian (Schedule the Fairness Hearing for a date which approval shall not unreasonably be withheld).
4.8 To is no sooner than 100 days after the extent necessary, stay any other proceedings affecting Court enters an order preliminary approving the certified proposed class pending settlement described in this Court or any other court.
4.9 Set the date, time, and location of Settlement Agreement. At the Fairness Hearing, upon notice the Plaintiffs will request the Court to enter the Final Approval Order, substantially in the form of Exhibit B hereto, which: (1) grants final approval of the Settlement Classes, to consider:
a. whether the Settlement should be finally approved and this Agreement as fair, reasonable, and adequateadequate to the Class Members and Sub-Class Members; (2) provides for the release of all Released Claims and enjoins any and all Class Members and Sub-Class Members from asserting, and whether filing, maintaining, or prosecuting any of the Released Claims in the future; (3) orders the dismissal with prejudice of all Released Claims, and incorporates the releases and covenant not to xxx stated in this Agreement, with each of the Parties to bear its, his, or her own costs and attorneys’ fees (except as provided in Section VII below; (4) authorizes the payment the Settlement Administrator to pay Valid Claims, in accordance with the terms of this Agreement; (5) authorizes the payment of incentive awards to each of the Plaintiffs as detailed in Section VII below; and (6) retains the Court’s jurisdiction over the administration of the Settlement Classes against and enforcement of this Agreement. Plaintiffs, Class Counsel, and FXG will cooperate and take all reasonable actions to accomplish the Released Persons should be dismissed with prejudice by entry of above. If the Court fails to enter the Preliminary Approval Order or the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. submitted by the Parties, Plaintiffs, Class Counsel’s motion , and FXG will use all reasonable efforts that are consistent with this Agreement to cure any defect identified by the Court. If, despite such efforts, the Court does not enter the Preliminary Approval Order and Final Approval Order, the Parties will return to their prior positions in the Lawsuit in accordance with Section XI.A of this Agreement. The Settlement Administrator will sign a written acknowledgment and acceptance of its duties in the form of Exhibit I hereto. FXG shall have a right to petition the Court for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to a remedy if FXG reasonably believes that the Settlement or motion for an award of Attorneys’ Fees and CostsAdministrator is failing to perform its duties.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
REQUIRED EVENTS. 18 A. As soon as practicable after the execution of this Agreement, Plaintiffs the Parties 19 shall file in this Action Lawsuit this Agreement and a joint motion seeking entry 20 of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish 21 all of the following:
4.1 22 1. Preliminarily approve the Settlement and this Agreement as fair 23 and reasonable to the Settlement Class;
24 2. Conditionally certify the Settlement Class as a nationwide class for 25 purposes of effecting the Settlement;
4.2 Certify both Settlement Classes 26 3. Conditionally certify the Past Overheating Subclass and Future 27 Overheating Subclass for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3)of effecting the Settlement;
4.3 Appoint 28 4. Designate Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for representatives of the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as 1 5. Designate Co-Lead Class Counsel and Class Counsel as counsel 2 for the Settlement ClassesClass;
4.5 3 6. Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. an appropriately qualified firm as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform 5 the following functions in accordance with the terms of this 6 Agreement, the Preliminary Approval Order, and the Final 7 Approval Order Order;
8 a. Disseminate the Summary Notice, Prequalified Notice, and Judgment:9 the TCO Repair Notice;
a. process requests for Opt-Outs from 10 b. Establish the Settlement in accordance Website with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement WebsitesNotice 11 and information that the Parties jointly agree to post 12 concerning the nature of the case and the status of the 13 Settlement, which Class Members can visit to read including relevant pleadings such as the 14 operative Amended Complaint, papers in support of 15 preliminary and obtain additional information regarding final approval of the Settlement, including submission and Class 16 Counsel’s Petition for attorneys’ fees and reimbursement of 17 expenses and Service Awards, plus relevant orders of the 18 Court;
19 c. Receive, evaluate, and either approve completed Claim 20 Forms sent by Persons seeking to receive compensation as 21 meeting the requirements of the Agreement or disapprove as 22 failing to meet those requirements;
23 d. Thirty days before mailing Notices of Claim Forms. The Settlement Website shall be reviewed Denial, provide 24 to Whirlpool and approved by Viridian Class Counsel (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location i) a list of the Fairness Hearingnames and 25 addresses of all Settlement Class Members who have 26 submitted Claim Forms and whose Claim Forms the 27 Settlement Administrator has determined to be Valid 28 Claims, upon notice to by category of benefit; and (ii) a separate list of the 1 names and addresses of all Persons who have submitted 2 Claim Forms and whose Claim Forms the Settlement Classes3 Administrator has determined not to be Valid Claims, by 4 category of benefit. Class Counsel shall then have an 5 opportunity to consider:
a. whether review the Settlement Notices of Claim Denial and 6 request a meet and confer with Counsel for Whirlpool 7 should be finally approved as fair, reasonable, and adequate, and whether the Released Claims they decide to challenge any of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry Notices of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.Claim
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of executing this Agreement, Plaintiffs shall take all necessary steps to file with the Court in this Action this Agreement and Cleveland a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
2. Conditionally certify the Settlement Class as a nationwide class for purposes of effectuating the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed3. R. Civ. P. 23(a)(1)-(4) and (b)(3)Designate Plaintiffs as the Class Representatives;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau 4. Designate Class Counsel as Class Representatives counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement 5. Designate Angeion Group as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, Agreement and the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for OptDisseminate the Summary Notice by email if available or first-Outs from the Settlement in accordance with Sections VII and IX of this Agreementclass United States Mail if email is not available;
b. process Claim Forms Establish the Settlement Website with the Settlement Agreement, FAQ, and other information that Whirlpool and Class Counsel jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings such as the operative Complaint, papers in accordance with Section VII support of this Agreementpreliminary and final approval of the Settlement, and Class Counsel’s Fee Petition, plus relevant orders of the Court;
c. disseminate the Class Notices according Prior to the approved notice plan; and
d. establish mailing the Settlement WebsitesNotice or publishing Publication Notice, which establish a toll-free telephone number that Class Members can visit call to read request hard copies of the Claim Forms and FAQ be sent to them by mail and obtain additional information regarding the Settlement;
d. Receive, evaluate, and either approve completed Claim Forms sent by Persons seeking to receive compensation as meeting the requirements of the Agreement or disapprove as failing to meet those requirements, including submission claims for Past Diverter Seal Leaks and claims for Future Diverter Seal Leaks;
e. Subject to the provisions of Section V(D) of this Agreement, 35 days before mailing Notices of Claim FormsDenial, provide to Whirlpool and Class Counsel (i) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Claims; and (ii) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Claims, by category of benefit. The Settlement Website Whirlpool and Class Counsel shall be reviewed then have an opportunity to review the Valid Claims and approved by Viridian (which approval the Notices of Claim Denial and request a meet and confer should they decide to challenge any Valid Claims or Notices of Claim Denial. In the event Class Counsel challenges a Notice of Claim Denial, that Notice shall not unreasonably be withheldsent to the Class Member until Class Counsel and counsel for Defendant meet and confer to arrive at a resolution, which must occur within at least 28 days of the Settlement Administrator’s provision of the lists described above to Class Counsel and counsel for Defendant. Legitimate grounds for Whirlpool and Class Counsel to challenge a claim shall include, but are not limited to, inadequate documentation and inconsistency with Whirlpool’s records, all of which is subject to Section V(D) below discussing the Class Member’s opportunity to cure a deficiency with their claim;
f. Effect Publication Notice through appropriate media for the Settlement Class;
g. Send, by email if available or first-class United States Mail if email is not available, to each Person who has submitted a Claim Form that the Settlement Administrator has determined not to be a Valid Claim, and which has not been challenged by Class Counsel, a Notice of Claim Denial or a notice of claim deficiency;
h. Process requests for exclusion from the Settlement in accordance with this Agreement;
i. Process objections to the Settlement in accordance with this Agreement;
j. Within 35 days after the payment of all Valid Claims for monetary compensation by the Settlement Administrator, provide to Whirlpool and Class Counsel, under penalty of perjury, a statement of the total number of claims submitted (in total and by category of benefit), the total number of claims adjudicated as Valid Claims (in total and by category of benefit), and the total dollar amount paid to Settlement Class Members (in total and by category of benefit); and
k. Process Future Diverter Seal Leak claims following the same procedures as set forth in (d) and (e) above, and providing the reports and related information set forth in those provisions to Whirlpool every 35 days to address Future Diverter Seal Leaks on a rolling basis through the last qualifying date on December 31, 2025.
4.8 To 6. Approve the extent necessaryform, stay any other proceedings affecting contents, and methods of notice to be given to the certified class pending Settlement Class and direct the Settlement Administrator to provide and cause to be provided such notices and to file with the Court a declaration detailing the scope, methods, and results of the notice program;
7. Establish procedures and schedule deadlines for Settlement Class Members to object to the Settlement or certification of the Settlement Class, to exclude themselves from the Settlement, and to submit Claim Forms to the Settlement Administrator, all consistent with the terms of this Agreement;
8. Schedule the Fairness Hearing; and
9. Schedule deadlines for the filing of (a) papers in this Court support of final approval of the certification of the Settlement Class, the designation of Plaintiffs as representatives of the Settlement Class, the appointment of Class Counsel as counsel for the Settlement Class, and the Settlement; (b) Class Counsel’s Petition for Fees and Service Awards for Class Representatives; and (c) objections to certification of the Settlement Class, to the designation of Plaintiffs as the representatives of the Settlement Class, to the appointment of Class Counsel as counsel for the Settlement Class, or any other courtto the Settlement.
4.9 Set the date, time, and location of B. At the Fairness Hearing, upon notice Whirlpool and Class Counsel will jointly request the Court to enter a Final Approval Order that (1) certifies the Settlement ClassesClass, to consider:
a. whether designates Plaintiffs as Class Representatives, and designates Class Counsel as counsel for the Settlement should be finally approved Class; (2) grants final approval of the Settlement and this Agreement as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections adequate to the Settlement or motion for an award Class Members; (3) finds that the Class Notice complied with all laws, including, but not limited to Federal Rule of Attorneys’ Fees Civil Procedure 23 and Costs.
4.10 Within ten (10) days the due Process Clause of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.United States Constitution;
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs Class Counsel shall file in this Action this Agreement and a motion Motion seeking entry Preliminary Approval of the Preliminary Approval Order, substantially in the form class settlement and an Order Approving Class Notice of the attached Exhibit FSettlement, which order by its terms shall accomplish all of the following:
4.1 Preliminarily approve Conditionally certify the Settlement Class solely for the purpose of effecting the Settlement;
4.2 Certify both Designate Plaintiff as the representative of the Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3)Class;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau Designate Class Counsel as Class Representatives counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint Xxxxxx Xxxx, Esquire as the counsel who represent Special Master to hear appeals (if any) from Allstate’s evaluation of Class Representatives Members’ Claims and who are signatories whose decision shall be final and binding on the Parties, provided the Individual Settlement Amount paid to this Agreement as any individual Class Counsel Member shall not exceed the Policy Declaration Value for UM/UIM coverage on the Allstate policy in question.
4.5 Approve the Settlement ClassesAdministrator and instruct the Settlement Administrator to perform the following functions, among others, in accordance with the terms of this Agreement, the Order Granting Preliminary Approval to the class settlement and the Order Approving Class Notice to class members:
a. Establish the Settlement Website, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms.
b. Disseminate Class Notice, Claim Form Notice, Claim Form and Authorization in accordance with the terms of this Agreement;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counselc. Process Claim Forms in accordance with Section V of this Agreement;
d. Process requests for Opt-Outs from the Settlement in accordance with Section IX of this Agreement;
e. Process Objections to the Settlement in accordance with Section IX of this Agreement.
4.6 Approve the form, contents, and methods method of notice to be given to the Settlement Classes Class as set forth in Section VII VI of this Agreement, and direct the Settlement Administrator to provide, and or cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 Section VI of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for Opt-Outs from the Settlement in accordance with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of executing this Agreement, Plaintiffs shall take all necessary steps to file in this Action this Agreement and with the Court a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
2. Conditionally certify the Settlement Class as a class for purposes of effectuating the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed3. R. Civ. P. 23(a)(1)-(4) and (b)(3)Designate Plaintiffs as the Class Representatives;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau 4. Designate Class Counsel as Class Representatives counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement 5. Designate Angeion Group as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, Agreement and the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for OptDisseminate the Summary Notice by email if available or first-Outs from the Settlement in accordance with Sections VII and IX of this Agreementclass United States Mail if email is not available, as well as publish on social media;
b. process Claim Forms Establish the Settlement Website with the Settlement Agreement, FAQ, and other information that Whirlpool and Class Counsel jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings such as the operative Complaint, papers in accordance with Section VII support of this Agreementpreliminary and final approval of the Settlement, and Class Counsel’s Fee Petition, plus relevant orders of the Court;
c. disseminate Prior to distributing the Class Notices according to the approved notice plan; and
d. Summary Notice or publishing Publication Notice, establish the a toll-free telephone number that Settlement Websites, which Class Members can visit call to read request hard copies of the Claim Forms and FAQ be sent to them by mail and obtain additional information regarding the Settlement;
d. Receive, evaluate, and either approve completed Claim Forms sent by Persons seeking to receive compensation as meeting the requirements of the Agreement or disapprove as failing to meet those requirements, including submission claims for Frost Clog Issues and claims for Post-Notice Frost Clog Issues;
e. Subject to the provisions of Section V(D) of this Agreement, 35 days before mailing Notices of Claim FormsDenial, provide to Whirlpool and Class Counsel (i) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Claims; and (ii) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Claims, by category of benefit. The For any Settlement Website Class Members that will be sent Notices of Claim Denial, the Administrator shall be reviewed also provide the reason for the claim denial. Whirlpool and approved by Viridian (which approval Class Counsel shall then have an opportunity to review the Valid Claims and the Notices of Claim Denial and request a meet and confer should they decide to challenge any Valid Claims or Notices of Claim Denial. In the event Class Counsel challenges a Notice of Claim Denial, that Notice shall not unreasonably be withheldsent to the Class Member until Class Counsel and counsel for Defendant meet and confer to arrive at a resolution, which must occur within at least 28 days of the Settlement Administrator’s provision of the lists described above to Class Counsel and counsel for Defendant. Legitimate grounds for Whirlpool and Class Counsel to challenge a claim shall include, but are not limited to, inadequate documentation and inconsistency with Whirlpool’s records, all of which is subject to Section V(D) below discussing the Class Member’s opportunity to cure a deficiency with their claim;
f. Effect Publication Notice through appropriate media for the Settlement Class;
g. Send, by email if available or first-class United States Mail if email is not available, to each Person who has submitted a Claim Form that the Settlement Administrator has determined not to be a Valid Claim, and which has not been challenged by Class Counsel, a Notice of Claim Denial or a Notice of Claim Deficiency;
h. Process requests for exclusion from the Settlement in accordance with this Agreement;
i. Process objections to the Settlement in accordance with this Agreement;
j. Within 35 days after the payment of all Valid Claims for monetary compensation by the Settlement Administrator, provide to Whirlpool and Class Counsel, under penalty of perjury, a statement of the total number of claims submitted (in total and by category of benefit), the total number of claims adjudicated as Valid Claims (in total and by category of benefit), and the total dollar amount paid to Settlement Class Members (in total and by category of benefit); and
k. Refer Post-Notice Frost Clog Issue claims to Whirlpool to administer following the procedures set forth in Section IV.B. below.
4.8 To 6. Approve the extent necessaryform, stay any other proceedings affecting contents, and methods of notice to be given to the certified class pending Settlement Class and direct the Settlement Administrator to provide and cause to be provided such notices and to file with the Court a declaration detailing the scope, methods, and results of the notice program;
7. Establish procedures and schedule deadlines for Settlement Class Members to object to the Settlement or certification of the Settlement Class, to exclude themselves from the Settlement, and to submit Claim Forms to the Settlement Administrator, all consistent with the terms of this Agreement;
8. Schedule the Fairness Hearing; and
9. Schedule deadlines for the filing of (a) papers in this Court support of final approval of the certification of the Settlement Class, the designation of Plaintiffs as representatives of the Settlement Class, the appointment of Class Counsel as counsel for the Settlement Class, and the Settlement; (b) Class Counsel’s Fee Petition; and (c) objections to certification of the Settlement Class, to the designation of Plaintiffs as the representatives of the Settlement Class, to the appointment of Class Counsel as counsel for the Settlement Class, or any other courtto the Settlement.
4.9 Set the date, time, and location of B. At the Fairness Hearing, upon notice Whirlpool and Class Counsel will jointly request the Court to enter a Final Approval Order that (1) certifies the Settlement ClassesClass, to consider:
a. whether designates Plaintiffs as Class Representatives, and designates Class Counsel as counsel for the Settlement should be finally approved Class; (2) grants final approval of the Settlement and this Agreement as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections adequate to the Settlement or motion for an award Class Members; (3) finds that the Class Notice complied with all laws, including, but not limited to Federal Rule of Attorneys’ Fees Civil Procedure 23 and Costs.
4.10 Within ten (10) days the Due Process Clause of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.United States Constitution;
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs shall file in this Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit FD, which order by its terms shall accomplish all of the following:
4.1 Preliminarily approve the SettlementSettlement and this Agreement as fair and reasonable to the Settlement Class;
4.2 Certify both Conditionally certify the Settlement Classes Class, for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4Federal Rule of Civil Procedure 23(a)(1)–(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Designate the Class Representatives as the representatives of the Settlement
4.4 Designate Class Counsel as counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes Class as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 Paragraph 7.9 of this Agreement;
4.7 4.6 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions functions, inter alia, in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for Opt-Outs from the Settlement in accordance with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices Notice according to the approved notice plan; and;
d. b. establish the Settlement WebsitesWebsite, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of and through which Class Members can submit Claim Forms. The Settlement Website shall be reviewed and approved by Viridian Defendants (which approval shall not unreasonably be withheld). The Settlement Website shall include the following documents and functionality:
i. a copy of the Settlement Notice.
4.8 ii. select pleadings from the Litigation (to be agreed upon by the Parties);
iii. the Preliminary Approval Order;
iv. contact information for the Settlement Administrator and Class Counsel;
v. a method for electronically requesting and submitting Claim Forms; and
vi. a method for downloading and printing Claim Forms for submission via mail.
c. establish a toll-free telephone number that Class Members can call to request that a copy of the Class Notice and/or Claim Form be sent to them by mail or email and obtain additional information regarding the Settlement. This shall be accomplished before Class Notice is disseminated;
d. Compile address information for re-sending any Class Notices returned as undeliverable.
e. process requests for Opt-Outs from the Settlement in accordance with Section IX of this Agreement;
f. track Objections to the Settlement in accordance with Section IX of this Agreement; and
g. process Claim Forms in accordance with Section V of this Agreement.
4.7 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 4.8 Set the date, time, and location of the Fairness Final Approval Hearing, upon notice to the Settlement ClassesClass, approximately ninety (90) days from the entry of the Preliminary Approval Order, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes Class against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. whether Named Plaintiff Service Awards should be issued and the amount of those awards;
c. whether Class Counsel’s motion for an award of Counsel should be awarded Attorneys’ Fees and CostsCosts and the amount of those awards; and
c. the Named Plaintiff Service Awards. Lead d. any Objections filed by Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.Members;
4.10 4.9 Within ten (10) days of the filing of Plaintiffs’ Motion motion for Preliminary Approvalpreliminary approval, counsel for Viridian Defendants, with the assistance of the Settlement Administrator, will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by ViridianCCHS.
4.10 Plaintiffs shall file their motion for Final Approval of the Settlement and their application for Attorneys’ Fees and Costs and for Named Plaintiff Service Awards no later than fifteen (15) days prior to the Final Approval Hearing, which is described further in Section XIII.
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs but no later than seven (7) days after execution of this Agreement, Plaintiff shall file in this the Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order Preliminary Approval Order shall by its terms shall accomplish all of the following:
4.1 Preliminarily approve the Settlement and this Agreement as adequate, fair and reasonable to the Settlement Class;
4.2 Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.2 Certify both 4.3 Designate the Class Representatives as the Representatives of the Settlement
4.4 Designate Lead Class Counsel and Class Counsel as counsel for the Settlement
4.5 Approve the Settlement Classes for settlement purposes onlyAdministrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) the Preliminary Approval Order, and (b)(3)the Final Approval Order:
a. Process Opt-Out requests in accordance with Section IX of this Agreement;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Classb. Process Objections in accordance with Section IX of this Agreement;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to c. Process Claim Forms in accordance with Section VI of this Agreement as Class Counsel for Agreement;
d. Before disseminating the Settlement Classes;Notice, establish the Settlement Website, which Settlement Class Members can visit to read and obtain additional information regarding the Settlement and to submit Claim Forms; and
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP e. Set up and Wittels Law, P.C. as Lead operate a toll-free automated interactive voice response system through which Settlement Class CounselMembers can access Settlement information.
4.6 Approve the form, contents, and methods method of notice to be given to the Settlement Classes Class as set forth in Section VII VI of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 Section VI of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for Opt-Outs from the Settlement in accordance with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
Samples: Settlement Agreement
REQUIRED EVENTS. 4 A. As soon as practicable after the execution of this Agreement, Plaintiffs the Parties shall file in 5 this Action this Agreement and a joint motion seeking entry of the Preliminary 6 Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 7 1. Preliminarily approve the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant and this Agreement as fair and 8 reasonable to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint 9 2. Designate Plaintiffs as the counsel who represent Class Representatives and who are signatories to this Agreement as representatives of the Settlement Class;
10 3. Designate Class Counsel as counsel for the Settlement ClassesClass;
4.5 11 4. Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. an appropriately qualified firm as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and 12 instruct the Settlement Administrator to perform the following functions in 13 accordance with the terms of this Agreement, the Preliminary Approval Order, 14 and the Final Approval Order and JudgmentOrder:
15 a. process requests for Opt-Outs from Disseminate the Prequalified Notice and, if necessary or as required by 16 law, the Publication Notice;
17 b. Establish the Settlement Website with information that the Parties 18 agree to post concerning the nature of the case and the status of the 19 Settlement, including relevant pleadings such as the operative Second 20 Amended Class Action Complaint, papers in accordance with Sections VII support of preliminary 21 and IX final approval of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission the Claim Form, and Class 22 Counsel’s Fee Application, plus relevant orders of the Court;
23 c. Receive, evaluate, and either approve completed Claim Forms 24 submitted by Claimants as meeting the requirements of the Agreement 25 or disapprove as failing to meet those requirements;
26 d. Thirty days before mailing Notices of Claim FormsDenial, provide to 27 Whirlpool and Class Counsel (i) a list of the names and addresses of 28 all Claimants whose Claim Forms the Settlement Administrator has 1 determined to contain Valid Claims, by category of benefit; and (ii) a 2 separate list of the names and addresses of all Claimants whose Claim 3 Forms the Settlement Administrator has determined not to contain 4 Valid Claims, by category of benefit. The Settlement Website Class Counsel shall be reviewed then have an 5 opportunity to review the Notices of Claim Denial and approved by Viridian (which approval request to meet 6 and confer with Whirlpool’s counsel should they decide to challenge 7 any of the Notices of Claim Denial. If Class Counsel challenges a 8 Notice of Claim Denial, then that Notice of Claim Denial shall not unreasonably be withheld).9 sent until Whirlpool’s counsel and Class Counsel meet and confer;
4.8 To 10 e. Send, by first-class United States Mail, to each Claimant whose Claim 11 Form the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, timeSettlement Administrator has determined not to contain a 12 Valid Claim, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice which has not been challenged by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.a
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of executing this Agreement, Plaintiffs the Parties shall take all necessary steps to file in this Action with the Court this Agreement and a joint motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Equitable Relief Settlement Class;
2. Conditionally certify the Equitable Relief Settlement Class for purposes of effectuating the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed3. R. Civ. P. 23(a)(1)-(4) Designate Xxxxx and (b)(3)Xxxxxx Xxxxx and Xxxxxx and Xxxxxx Xxxxx as the Class Representatives;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau 4. Designate Class Counsel as Class Representatives counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Equitable Relief Settlement Class;
4.4 Appoint 5. Designate Epiq | Hilsoft Notifications as the counsel who represent Class Representatives Notice Provider and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Claims Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process requests for Opt-Outs from Disseminate the Settlement in accordance with Sections VII and IX of this AgreementSummary Notice;
b. process Claim Forms Establish the Settlement Website with the Settlement Agreement, FAQ, and other information that Porcelana and Class Counsel jointly agree to post concerning the nature of the case and the status of the Equitable Relief Settlement, including relevant pleadings such as the operative Complaint, papers in accordance with Section VII support of this Agreementpreliminary and final approval of the Settlement, and Class Counsel’s Fee Petition, plus relevant orders of the Court;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Establish a toll-free telephone number that Class Members can visit call to read request hard copies of the Claim Forms and FAQ be sent to them by mail and obtain additional information regarding the Settlement. This should be accomplished before mailing the Settlement Notice or publishing Publication Notice.
d. Receive, including submission evaluate, and either approve completed Claim Forms sent by Persons seeking to receive compensation as meeting the requirements of the Agreement or disapprove as failing to meet those requirements;
e. Subject to the provisions of Section V, ¶D of this Agreement, thirty days before mailing Notices of Claim FormsDenial, provide to Porcelana and Class Counsel (i) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Claims; and (ii) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Claims, by category of benefit. The Settlement Website Porcelana and Class Counsel shall be reviewed then have an opportunity to review the Valid Claims and approved by Viridian (which approval the Notices of Claim Denial and request a meet and confer should they decide to challenge any Valid Claims or Notices of Claim Denial. In the event Lead Counsel challenges a Notice of Claim Denial, that Notice shall not unreasonably be withheld)sent to the Class Member until Class Counsel and counsel for Defendant meet and confer to arrive at a resolution. Legitimate grounds for Porcelana and Class Counsel to challenge a claim shall include, but are not limited to, inadequate documentation and inconsistency with Xxxxxxxxx’s records.
4.8 To f. Effect Publication Notice through appropriate media for the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other courtEquitable Relief Settlement Class.
4.9 Set g. Send, by first-class United States Mail, to each Person who has submitted a Claim Form that the date, timeSettlement Administrator has determined not to be a Valid Claim, and location which has not been challenged by Class Counsel, a Notice of Claim Denial. Such a person shall have 30 days to cure the reason for any denial.
h. Process objections to the Settlement in accordance with this Agreement;
i. Within 30 days after the processing or payment of all Valid Claims by the Settlement Administrator, provide to Porcelana and Class Counsel, under penalty of perjury, a statement of the total number of claims submitted, the total number of claims adjudicated as Valid Claims, and the total dollar amount paid to Equitable Relief Settlement Class Members as incidental recovery or reimbursement under the terms of this Agreement.
6. Approve the form, contents, and methods of notice to be given to the Equitable Relief Settlement Class and direct the Settlement Administrator to provide and cause to be provided such notices and to file with the Court a declaration detailing the scope, methods, and results of the notice program.
7. Establish procedures and schedule deadlines for Equitable Relief Settlement Class Members to object to the Settlement or certification of the Settlement Class, and to submit Claim Forms to the Settlement Administrator, all consistent with the terms of this Agreement.
8. Schedule the Fairness Hearing; and
9. Schedule deadlines for the filing of (a) papers in support of final approval of the certification of the Settlement Class, the designation of class representatives of the Settlement Class, the appointment of Class Counsel as counsel for the Settlement Class, and the Settlement; (b) Class Counsel’s Fee Application; and (c) objections to certification of the Equitable Relief Settlement Class, to the designation of class representatives of the Settlement Class, to the appointment of Class Counsel as counsel for the Settlement Class, or to the Settlement.
B. At the Fairness Hearing, upon notice Porcelana and Class Counsel will jointly request the Court to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the enter a Final Approval Order that (1) certifies the Settlement Class, designates Plaintiffs Xxxxx and JudgmentXxxxxx Xxxxx and Xxxxxx and Xxxxxx Xxxxx as Class Representatives, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead designates Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline as counsel for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.Class;
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable A. Promptly after the execution of this AgreementSettlement Agreement by all Parties:
1. Class Counsel and Defendant’s Counsel will take all reasonable and necessary steps, Plaintiffs shall file in this Action this Agreement and a motion seeking subject to the Court’s availability, to obtain entry of the Preliminary Approval OrderOrder and the Final Approval Order as expeditiously as possible.
2. The Parties will seek entry of a Preliminary Approval Order in substantially the same form as that attached hereto as “Exhibit C.” The Preliminary Approval Order will, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the followingamong other things:
4.1 Preliminarily a. Certify the Settlement Class; approve Xxxxxx Xxxxxxx as the Settlement;
4.2 Certify both Settlement Classes for settlement purposes onlyClass Representative; and appoint Class Counsel, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3)23;
4.3 Appoint Plaintiffs Xxxxxxxb. Preliminarily approve the Settlement;
c. Require the dissemination of Class Notice by HMA within sixty (60) days of the date of the Preliminary Approval Order and the taking of all necessary and appropriate steps to accomplish this task;
d. Determine that the Class Notice complies with all legal requirements, Silverincluding, Xxxxxxxxbut not limited to, Iron Manthe Due Process Clause of the United States Constitution;
e. Require Defendant to provide notice to the appropriate state and federal officials as required by the Class Action Xxxxxxxx Xxx, LLC00 X.X.X. §0000 (“CAFA Notice”).
f. Schedule a date and time for a Final Approval Hearing, Xxxxxxx not less than 120 days after the date of the Preliminary Approval Order, to determine whether the Preliminary Approval Order should be finally approved by the Court;
g. Require Class Members who wish to exclude themselves to submit an appropriate and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesatimely written request for exclusion as required by the Class Notice, and Landau as advise that a failure to do so will bind those Class Representatives Members who remain in the Class, no later than 30 days before the date first set for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage ClassFinal Approval Hearing;
4.4 Appoint the counsel h. Require Class Members who represent Class Representatives and who are signatories wish to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given object to the Settlement Classes Agreement to submit an appropriate and timely written statement as required by the Class Notice no later than 30 days before the date first set for the Final Approval Hearing;
i. Require Class Members who wish to appear to object to the Settlement Agreement to submit an appropriate and timely written statement no later than 30 days before the date first set for the Final Approval Hearing;
j. Require attorneys representing objecting Class Members, at the Class Members’ expense, to file a notice of appearance as required by the Class Notice;
k. Appoint the HMA as the Claims Administrator; and
l. Issue other related orders to effectuate the preliminary approval of the Settlement Agreement.
3. After the Preliminary Approval Hearing, the Parties will seek to obtain from the Court a Final Approval Order in a form to be agreed upon by the Parties. The Final Approval Order will, among other things:
a. Find that the Court has personal jurisdiction over all Class Members and Parties, subject-matter jurisdiction over the claims asserted in the Action, and that venue is proper;
b. Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23;
c. Finally certify the Settlement Class for settlement purposes only;
d. Find that the CAFA Notice and Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution;
e. Dismiss the Action with prejudice;
f. Incorporate the Release set forth in Section VII of this Agreement, and direct the Settlement Administrator Agreement and make the Release effective as of the date of the Effective Date;
g. Authorize the Parties to provide, and cause to be provided, such notice and to file with implement the Court a declaration terms of compliance with those notice requirements, as set forth in paragraph 7.5 of this the Settlement Agreement;
4.7 Approve h. Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Administrator Agreement, the Final Approval Order, and instruct for any other necessary purpose; and
i. Issue any related orders necessary to effectuate the final approval of the Settlement Administrator to perform the following functions in accordance Agreement and its implementation.
4. The Parties will use their best efforts, consistent with the terms of this Settlement Agreement, to promptly obtain a Final Approval Order.
5. If the Court fails to issue the Preliminary Approval Order, and or fails to issue the Final Approval Order Order, this Settlement Agreement is voidable by either Party. However, the Parties agree to use their best efforts, consistent with this Settlement Agreement, to cure any defect(s) identified by the Court.
6. The Parties acknowledge that prompt approval, consummation, and Judgment:
a. process requests for Opt-Outs from implementation of the Settlement set forth in accordance this Settlement Agreement is essential. The Parties will cooperate with Sections VII each other in good faith to carry out the purposes of and IX to effectuate this Settlement Agreement, will promptly perform their respective obligations hereunder, and will promptly take any and all actions and execute and deliver any and all additional documents and all other materials or information reasonably necessary or appropriate to carry out the terms of this Agreement;
b. process Claim Forms in accordance with Section VII Settlement Agreement and the transactions contemplated hereby. As part of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websiteseffort, which Class Members can visit to read and obtain Defendant has provided Plaintiff with additional information regarding Class Vehicle distribution, Quality Information Reports, and a Technical Service Bulletin in support of the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by 7. Upon entry of the Final Approval Order Order, the Action will be dismissed, on its merits and Judgmentwith prejudice, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior subject to the deadline continuing jurisdiction of this Court, and Settlement Class Members who have not submitted timely Requests for members of the Classes to file Exclusion will be forever barred and enjoined from pursuing any objections to the Settlement or motion for an award of Attorneys’ Fees and Costsclaims which have been resolved by this Settlement.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
Samples: Settlement Agreement
REQUIRED EVENTS. The events set forth in this Section II, in addition to the occurrence of the “Effective Date” as described in Section I., are conditions precedent to this Agreement becoming effective. As soon as practicable after the execution of this AgreementAgreement by all Plaintiffs and FXG, the Plaintiffs shall file in this Action this Agreement with the Court and a motion seeking move for entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit FF hereto, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve this Settlement as fair, reasonable, and adequate to the SettlementGeneral Class Members, Overtime Sub-Class Members, and Meal and Rest Period Settlement Sub-Class Members;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed2. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives Preliminarily certify – for the Average Usage purposes of settlement only – the Meal and Rest Period Settlement Sub-Class, and BDK Alliance LLC defined as Class Representative for individual or business entities meeting the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as qualifications set forth in Section VII I.D. above; and certify Plaintiff Xxxxxxxx Xxxxxxxxx as the representative of this Agreementthe Meal and Rest Period Settlement Sub-Class;
3. Designate Rust Consulting as the Settlement Administrator, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator approve it to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process requests Provide for Optthe Settlement Notice (with the Fairness Hearing date) and the Forms, in a form substantially the same as the documents attached hereto as Exhibit C and Exhibit D, to be sent by mail to all Notified General Class Members, Overtime Sub-Outs Class Members, and Meal and Rest Period Settlement Sub-Class Members that can be identified through a reasonable effort;
b. Provide for the Class and Settlement Notice (with the Fairness Hearing date) and the Forms, in a form substantially the same as the document attached hereto as Exhibit C and Exhibit E, to be sent by mail to all Unnotified General Class Members and Sub-Class Members that can be identified through a reasonable effort;
c. Receive and evaluate any Exclusion Requests from Unnotified General Class Members and Meal and Rest Period Settlement Sub-Class Members;
d. Provide for the notice required by the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715, substantially in the form attached hereto as Exhibit G, to be mailed in accordance with the provisions of CAFA to the appropriate federal and state officials;
e. Receive, evaluate, and either approve as meeting the requirements of Section III.B of this Agreement or disapprove as failing to meet those requirements, the Forms submitted by Class Members and Sub-Class Members seeking to receive a payment under this Settlement, all in accordance with Sections I and III of this Agreement;
f. Provide to FXG and Class Counsel, 14 days after the first mailing of the Settlement Notice and Forms and then updated every 14 days thereafter,
(i) a list of the names and addresses of all Class Members and Sub-Class Members who have submitted Forms and whose Forms the Settlement Administrator has determined constitute Valid Claims; (ii) a separate list of the names and addresses of all Class Members and Sub-Class Members who have submitted Forms and whose Forms the Settlement Administrator has determined do not constitute Valid Claims; (iii) a separate list of the names and addresses of all Class Members and Sub- Class Members who have submitted documents indicating that they wish to object to the Settlement; and (iv) a list of the names and addresses of all Unnotified General Class Members and Meal and Rest Period Settlement Sub-Class Members who have submitted Exclusion Requests along with copies of the Exclusion Requests.
g. Send, by first-class United States Mail, to each Class Member and Sub- Class Member who has timely submitted Forms that the Settlement Administrator has determined to be deficient in some respect, a notice of deficiency;
h. Process objections to the Settlement in accordance with Sections VII and IX Section VI of this Agreement;
b. process Claim Forms i. Mail settlement payments to General Class Members, Overtime Sub-Class Members, and Meal and Rest Period Settlement Sub-Class Members with Valid Claims, as ordered by the Court in the Final Approval Order, in accordance with Section III of this Agreement;
j. Mail payment(s) for attorneys’ fees and costs to Class Counsel, as ordered by the Court in the Final Approval Order, in accordance with Section VII of this Agreement;
c. disseminate k. Mail incentive awards to Plaintiffs as ordered by the Court in the Final Approval Order, in accordance with Section VII of this Agreement;
l. Establish, designate and maintain the Class Notices according Settlement Fund as a “qualified settlement fund” under Internal Revenue Code § 468B and Treasury Regulation § 1.468B-1 for the purpose of resolving the contested claims of Eligible Class Members and Eligible Sub-Class Members;
m. Maintain the assets of the Class Settlement Fund in a non-interest bearing escrow account segregated from the assets of FXG and any person related to FXG;
n. Obtain an employer identification number (EIN) for the Class Settlement Fund pursuant to Treasury Regulation § 1.468B-2(k)(4);
o. Prepare and file federal income tax returns for the Class Settlement Fund, as well as any other tax filings the Class Settlement Fund must make under federal, state, or local law;
p. Cooperate with FXG to jointly file a relation-back election under Treasury Regulation § 1.468B-1(j)(2), if necessary, to treat the Class Settlement Fund as coming into existence as of the earliest possible date;
q. Pay and deposit the federal taxes owed by the Class Settlement Fund under Treasury Regulation § 1.468B-2, as well as any state or local taxes owed by the Class Settlement Fund;
r. Prepare, file, and issue all necessary tax reporting forms for the Class Settlement Fund, including IRS Forms 1099 regarding the distribution of payments to Class Members, Class Counsel, and Plaintiffs;
s. Provide FXG with copies of all tax reporting and filings made for the Class Settlement Fund, including copies of the checks and IRS Forms 1099 issued to Class Members, Class Counsel, and Plaintiffs, and any other documentation to show that the tax reporting and filings were timely transmitted to the approved notice planclaimants and the applicable taxing authorities;
t. Pay any additional tax liabilities (including penalties and interest) that arise from the establishment and administration of the Class Settlement Fund solely from the assets of the Class Settlement Fund without any recourse against FXG for additional monies;
u. Within 30 days after the payment of all Valid Claims, provide to FXG and Class Counsel a statement of the total number of claims submitted, the total number of claims adjudicated to be Valid Claims, and the total dollar amount paid to each Class Member and Sub-Class Member (the “Final Accounting”);
v. Liquidate any remaining assets of the Class Settlement Fund after all payments to Class Members, Class Counsel, and Plaintiffs have been made and all tax obligations have been satisfied, and distribute such assets as directed by the Court; and
d. establish w. Petition the Court for termination of the Class Settlement Websites, which Class Members can visit Fund once all of the duties listed above in subsections (a) to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld)u) have been completed.
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, 4. Approve reasonable compensation and location of the Fairness Hearing, upon notice costs to the Settlement Classes, to consider:Administrator in accordance with the terms of Exhibit H hereto.
a. whether 5. Approve the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel “§1.468B-3 Statement” that FXG will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections provide to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days Administrator by February 15 of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of year following the calendar year in which FXG transfers the Settlement to the appropriate officials pursuant Payment to the Class Action Fairness Act Settlement Fund.
6. Approve the form, contents, and methods of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridiangiven to the General Class Members, Overtime Sub-Class Members, and Meal and Rest Period Settlement Sub-Class Members as set forth in Section IV of this Agreement, and direct the Settlement Administrator to provide such notices.
Appears in 1 contract
Samples: Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of this Agreement, Plaintiffs the Parties shall file in the Kenmore Actions a stipulated Order to amend the Complaint to add Xxxxxxxx Xxxxxxx as a Plaintiff and representative of the Whirlpool Settlement Class, this Action this Agreement Agreement, and a joint motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F4 hereto, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve approves the Settlement and this Agreement as fair and reasonable to the Settlement Classes;
2. Conditionally certifies the Kenmore Settlement Class as a nationwide class for the purpose of effecting the Settlement;
4.2 Certify both 3. Conditionally certifies the Whirlpool Settlement Classes Class as a California statewide class for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3)the purpose of effecting the Settlement;
4.3 Appoint 4. Designates Plaintiff Xxxxxxxx Xxxxxxx as the Class Representative of the Whirlpool Settlement Class and all other Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as the Class Representatives for of the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Kenmore Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as 5. Designates Class Counsel as counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP 6. Designates KCC, or a similarly qualified and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirementscost-effective firm, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct instructs the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process Disseminate the Class Notice, including publication notice for the Whirlpool California Class;
b. Establish an Internet website with the Class Notice, FAQ, an online Claim Form, and information that the Parties jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings such as the operative Amended Complaint, papers in support of preliminary and final approval of the Settlement, and Class Counsel’s Petition for attorneys’ fees and reimbursement of expenses and Service Awards, plus relevant orders of the Court.;
c. Before mailing the Class Notice, establish a toll-free telephone number that Settlement Class Members can call to request hard copies of the Claim Form and FAQ be sent to them by mail and obtain additional information regarding the Settlement;
d. Receive, evaluate, and either approve as meeting the requirements of this Agreement or disapprove as failing to meet those requirements Claim Forms sent by Persons seeking to receive compensation, all in accordance with Sections I and IV of this Agreement.
e. Thirty days before mailing Notices of Claim Denial, provide to Defendants and Class Counsel (i) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Claims, separately identified by category of settlement benefit to be paid; and (ii) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Claims. Class Counsel shall then have an opportunity to review the Notices of Claim Denial and request a meet and confer with counsel for Defendants and the Settlement Administrator should Class Counsel or a Settlement Class Member decide to challenge any of the Notices of Claim Denial. In the event Class Counsel challenges a Notice of Claim Denial, that Notice shall not be sent to the Settlement Class Member until Class Counsel and counsel for Defendants meet and confer to arrive at a resolution.
f. Send, by first-class United States Mail, to each Person who has submitted a Claim Form that the Settlement Administrator has determined not to be a Valid Claim, and which has not been challenged by Class Counsel, a Notice of Claim Denial.
g. Effect publication notice for the Whirlpool California Class in the form attached as Exhibit 5
h. Process requests for Opt-Outs exclusion from the Settlement in accordance with Sections VII VIII and IX of this Agreement;.
b. process Claim Forms i. Process objections to the Settlement in accordance with Section VII VIII of this Agreement;.
c. disseminate j. Within 30 days after the Class Notices according to the approved notice plan; and
d. establish payment of all Valid Claims for monetary compensation by the Settlement WebsitesAdministrator, which provide to Defendants and Class Counsel a statement under penalty of perjury, of the total number of claims submitted (in total and by category of benefit), the total number of claims adjudicated as Valid Claims (in total and by category of benefit), and the total dollar amount paid to Class Members can visit to read (in total and obtain additional information regarding the Settlement, including submission by category of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheldbenefit).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable Promptly after the execution of this Agreement, Plaintiffs shall file in this Action this Agreement by all Parties:
3.1. The Parties will take all reasonable and a motion seeking necessary steps to obtain entry of the Preliminary Approval Order, substantially in the form Order and obtain entry of the attached Exhibit FFinal Approval Order.
3.2. Plaintiffs will file a FAC concurrently with Plaintiffs’ Motion for Preliminary Approval of Class Settlement, which order by its terms shall accomplish all that adds Xxxxx XxxXxxxxx, Xxxx Xxxxxx and Xxxxxxxx XxXxx as named plaintiffs, adds Northeastern as a named defendant, adds a cause of action under the following:
4.1 Preliminarily approve CLRA, adjusts the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesaclass definition, and Landau as that otherwise conforms the pleadings to this Agreement. The Parties agree that Defendants need not formally respond to the FAC once it is filed. Class Representatives Counsel will prepare and file all documents in connection with the FAC, the motion for the Average Usage Classpreliminary approval, and BDK Alliance LLC as Class Representative the motion for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII final approval of this Agreement, allowing Defense Counsel an opportunity for review and direct comment. Class Counsel shall provide Defense Counsel with a reasonable amount of time for review, not less than five business days.
3.3. Upon issuance of the Final Approval Order, Defendants will deposit the Settlement Administrator Sum into the Settlement Fund within thirty (30) days of the entry of such order, Defendants will separately pay up to provideone hundred fifty thousand dollars ($150,000), as actually incurred and cause to be providedinvoiced by the Settlement Administrator, such notice and to file with the Court a declaration of compliance with those notice requirements, for settlement administration costs. The Settlement Sum is non-reversionary except as set forth in paragraph 7.5 of this Agreement;3.6 herein.
4.7 Approve 3.4. In the Settlement Administrator and instruct event the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, Court does not issue the Preliminary Approval Order, and or does not issue the Final Approval Order Order, the Parties agree to use their best efforts, consistent with this Agreement, to cure any defect(s) identified by the Court. If, despite their best efforts, the Parties cannot cure said defects, this Agreement is void with each party returning to their respective pre- settlement posture, excepting Northeastern University’s role as a named Defendant and Judgment:Xxxx Xxxxxx and Xxxxxxxx XxXxx’x role as named Plaintiffs in the Action, and without prejudice or waiver to any party’s pre-settlement position on any legal or factual issue.
a. process requests for Opt-Outs from the Settlement in accordance with Sections VII 3.5. The Parties acknowledge that prompt approval, consummation, and IX implementation of this Agreement is essential. The Parties will cooperate with each other in good faith to effectuate this Agreement;
b. process Claim Forms in accordance with Section VII , will promptly perform their respective obligations and will promptly take all actions and execute and deliver any and all additional documents and all other materials and information reasonably necessary or appropriate to carry out the terms of this Agreement;Agreement and the contemplated transactions.
c. disseminate 3.6. In the Class Notices according event this Agreement fails to proceed to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order, including entry of a Final Approval Order and Judgmentthat withstands any appeal, substantially then the Settlement Administrator shall refund the Settlement Sum in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior full to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within Defendants within ten (10) days of calendar days. Any reasonable costs incurred by the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice Settlement Administrator shall be invoiced to Defendants separately and shall not be paid out of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, Fund.
3.7. It is anticipated that with the costs entry of such notice the Final Approval Order, the Court will enter Judgment in this Action substantially as provided by the proposed Judgment attached to be paid by Viridian.this Agreement as Exhibit C.
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of this Settlement Agreement, the Plaintiffs shall file in this Action Lawsuit this Settlement Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit Fwhich Global agrees not to oppose, and which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Settlement Agreement as fair and reasonable to the Settlement Class;
2. Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.2 Certify both 3. Designate Plaintiffs as the representatives of the Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as 4. Designate Class Counsel as counsel for the Settlement ClassesClass;
4.5 5. Designate Xxxxx Xxxxxxx & Xxxxx LLP KCC Class Action Services or a similarly qualified firm, as the Claims Administrator and Wittels Lawinstruct the Claims Administrator to perform the following functions in accordance with the terms of this Settlement Agreement, P.C. as Lead the Preliminary Approval Order, and the Final Approval Order:
a. Process requests for exclusion from the Settlement in accordance with Section IV of this Settlement Agreement;
b. Process objections to the Class CounselSettlement in accordance with Section IV of this Settlement Agreement;
c. Process Claim Forms in accordance with Section IV of this Settlement Agreement;
d. Before disseminating the Settlement Notice, establish the Settlement Website, which Settlement Class Members can visit to read or request additional information regarding the Settlement;
e. Set up and operate a toll-free automated interactive voice response system through which Settlement Class Members can access settlement information and facilitate notice packet requests; and
f. Send via e-mail or mail claims forms and/or notice packets to all those who may request via the toll-free number or mail.
4.6 6. Designate Digital Target Marketing to disseminate the Settlement Notice by e-mail where an e-mail address is known and readily available to Global, and report to Global the identity of each person to which e-mail of the Settlement Notice was attempted is determined to be “undeliverable;”
7. Designate Global to disseminate the Settlement Notice by mail where a mailing address is known and readily available to Global, but an e-mail address is not, and where Digital Target Marketing notifies Global that the e-mail Settlement Notice was returned “undeliverable” and a mailing address is known and readily available to Global;
8. Approve the form, contents, and methods method of notice to be given to the Settlement Classes Class as set forth in Section VII V of this Settlement Agreement, and direct the Settlement Administrator Global to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 Section V of this Settlement Agreement;
4.7 Approve 9. Establish procedures and schedule deadlines for Persons in the Settlement Administrator and instruct Class to object to the Settlement Administrator or certification of the Settlement Class, and to perform exclude themselves from the following functions in accordance Settlement, all consistent with the terms of this Settlement Agreement;
10. Schedule the Fairness Hearing for a date approximately, but no fewer than, sixteen (16) weeks/one hundred and twelve (112) days after the date of the Court’s entry of the Preliminary Approval Order; and
11. Schedule deadlines for the filing of: (a) papers in support of final approval of the certification of the Settlement Class, the designation of Plaintiffs as the representatives of the Settlement Class, the appointment of Class Counsel as counsel for the Settlement Class, and the Settlement; (b) Class Counsel’s Application; and (c) objections to certification of the Settlement Class, to the designation of Plaintiffs as the representatives of the Settlement Class, to the appointment of Class Counsel as counsel for the Settlement Class, or to the Settlement.
B. At the Fairness Hearing the Parties will jointly request the Court to enter the Final Approval Order and Judgment:
a. process requests for Opt-Outs from Order, which: (1) grants final approval of the certification of the Settlement in accordance with Sections VII and IX Class, designation of this Agreement;
b. process Claim Forms in accordance with Section VII Plaintiffs as the representatives of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, timeClass, and location designation of Class Counsel as counsel for the Settlement Class, all as conditionally approved in the Preliminary Approval Order; (2) grants final approval of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the and this Settlement should be finally approved Agreement as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections adequate to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.Class;
Appears in 1 contract
Samples: Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of executing this Agreement, Plaintiffs the Parties shall take all necessary steps to request and obtain consolidation of the Lawsuits under the case entitled Xxxxx v. Whirlpool Corp. before Judge Xxxx X. Xxxxxxx and will then file with the Court in this Action the consolidated proceeding this Agreement and a joint motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
2. Conditionally certify the Settlement Class as a nationwide class for purposes of effectuating the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed3. R. Civ. P. 23(a)(1)-(4) and (b)(3)Designate Plaintiffs as the Class Representatives;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau 4. Designate Class Counsel as Class Representatives counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement 5. Designate Epiq as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process requests for Opt-Outs from Disseminate the Settlement in accordance with Sections VII and IX of this AgreementSummary Notice;
b. process Claim Forms Establish the Settlement Website with the Settlement Agreement, FAQ, and other information that Whirlpool and Lead Counsel jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings such as the operative Complaint, papers in accordance with Section VII support of this Agreementpreliminary and final approval of the Settlement, and Class Counsel’s Fee Petition, plus relevant orders of the Court;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Establish a toll-free telephone number that Class Members can visit call to read request hard copies of the Claim Forms and FAQ be sent to them by mail and obtain additional information regarding the Settlement. This should be accomplished before mailing the Settlement Notice or publishing Publication Notice.
d. Receive, including submission evaluate, and either approve completed Claim Forms sent by Persons seeking to receive compensation as meeting the requirements of the Agreement or disapprove as failing to meet those requirements;
e. Subject to the provisions of Section V(D) of this Agreement, thirty days before mailing Notices of Claim FormsDenial, provide to Whirlpool and Lead Counsel (i) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Claims; and (ii) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Claims, by category of benefit. The Settlement Website Whirlpool and Lead Counsel shall be reviewed then have an opportunity to review the Valid Claims and approved by Viridian (which approval the Notices of Claim Denial and request a meet and confer should they decide to challenge any Valid Claims or Notices of Claim Denial. In the event Lead Counsel challenges a Notice of Claim Denial, that Notice shall not unreasonably be withheldsent to the Class Member until Lead Counsel and counsel for Defendant meet and confer to arrive at a resolution, which must occur within 30 days of the Settlement Administrator’s determination. Legitimate grounds for Whirlpool and Lead Counsel to challenge a claim shall include, but are not limited to, inadequate documentation and inconsistency with Whirlpool’s records.
f. Effect Publication Notice through appropriate media for the Settlement Class.
g. Send, by first-class United States Mail, to each Person who has submitted a Claim Form that the Settlement Administrator has determined not to be a Valid Claim, and which has not been challenged by Lead Counsel, a Notice of Claim Denial.
h. Process requests for exclusion from the Settlement in accordance with this Agreement;
i. Process objections to the Settlement in accordance with this Agreement;
j. Within 30 days after the payment of all Valid Claims for monetary compensation by the Settlement Administrator, provide to Whirlpool and Lead Counsel, under penalty of perjury, a statement of the total number of claims submitted (in total and by category of benefit), the total number of claims adjudicated as Valid Claims (in total and by category of benefit), and the total dollar amount paid to Settlement Class Members (in total and by category of benefit).
4.8 To 6. Approve the extent necessaryform, stay any other proceedings affecting contents, and methods of notice to be given to the certified class pending in this Settlement Class and direct the Settlement Administrator to provide and cause to be provided such notices and to file with the Court or any other courta declaration detailing the scope, methods, and results of the notice program.
4.9 Set 7. Establish procedures and schedule deadlines for Settlement Class Members to object to the dateSettlement or certification of the Settlement Class, timeto exclude themselves from the Settlement, and location to submit Claim Forms to the Settlement Administrator, all consistent with the terms of this Agreement.
8. Schedule the Fairness Hearing; and
9. Schedule deadlines for the filing of (a) papers in support of final approval of the certification of the Settlement Class, the designation of Plaintiffs as representatives of the Settlement Class, the appointment of Class Counsel as counsel for the Settlement Class, and the Settlement; (b) Class Counsel’s Fee Petition; and (c) objections to certification of the Settlement Class, to the designation of Plaintiffs as the representatives of the Settlement Class, to the appointment of Class Counsel as counsel for the Settlement Class, or to the Settlement.
B. At the Fairness Hearing, upon notice Whirlpool and Class Counsel will jointly request the Court to enter a Final Approval Order that (1) certifies the Settlement ClassesClass, to consider:
a. whether designates Plaintiffs as Class Representatives, and designates Class Counsel as counsel for the Settlement should be finally approved Class; (2) grants final approval of the Settlement and this Agreement as fair, reasonable, and adequateadequate to the Settlement Class Members; (3) provides for the release of all Released Claims and enjoins Settlement Class Members from asserting, and whether filing, maintaining, or prosecuting any of the Released Claims in the future; (4) orders the dismissal with prejudice of all claims, causes of action, and counts alleged in the Lawsuits, and incorporates the releases and covenant not to sue stated in this Agreement, with each of the Parties to bear its, his, or her own costs and attorney fees, except as provided in Section VIII, below; (5) authorizes the payment by Whirlpool of Valid Claims approved by the Settlement Administrator as Valid Claims, and otherwise reviewed by Lead Counsel and Counsel for Whirlpool and determined to be Valid Claims, in accordance with the terms of the Agreement; and (6) preserves the Court’s continuing jurisdiction over the administration of the Settlement Classes against and enforcement of this Agreement. In addition, Class Counsel will move the Released Persons should be dismissed with prejudice by Court for entry of a separate order approving the following: (1) Service Awards to Plaintiffs as described in this Agreement, and (2) attorney fees and costs to Class Counsel in an amount as approved by the Court and consistent with the terms of this Agreement.
C. Whirlpool, Plaintiffs, and Class Counsel will cooperate and take all reasonable actions to accomplish the above. If the Court fails to enter either the Preliminary Approval Order or the Final Approval Order Order, Whirlpool, Plaintiffs, and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on use all reasonable efforts that are consistent with this Agreement to cure any defect identified by the topics outlined Court. If, despite such efforts, the Court does not enter the Preliminary Approval Order and Final Approval Order, the Parties will return to their positions in Section VIII at least twenty-one (21) days prior to the deadline for members of Lawsuits as they were immediately before the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice execution of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by ViridianAgreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of executing this Agreement, Plaintiffs the Parties shall take all necessary steps to file in this Action with the Court this Agreement and a joint motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
2. Conditionally certify the Settlement Class for purposes of effectuating the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed3. R. Civ. P. 23(a)(1)-(4) and (b)(3)Designate Plaintiffs as the Class Representatives;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau 4. Designate Class Counsel as Class Representatives counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint 5. Designate Epiq | Hilsoft Notifications as the counsel who represent Class Representatives Notice Provider and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Claims Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and JudgmentOrder:
a. process requests for Opt-Outs from Disseminate the Settlement in accordance with Sections VII and IX of this AgreementSummary Notice;
b. process Claim Forms Establish the Settlement Website with the Settlement Agreement, FAQ, and other information that Porcelana and Lead Counsel jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings such as the operative Complaint, papers in accordance with Section VII support of this Agreementpreliminary and final approval of the Settlement, and Class Counsel’s Fee Petition, plus relevant orders of the Court;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Establish a toll-free telephone number that Class Members can visit call to read request hard copies of the Claim Forms and FAQ be sent to them by mail and obtain additional information regarding the Settlement. This should be accomplished before mailing the Settlement Notice or publishing Publication Notice.
d. Receive, including submission evaluate, and either approve completed Claim Forms sent by Persons seeking to receive compensation as meeting the requirements of the Agreement or disapprove as failing to meet those requirements;
e. Subject to the provisions of Section V, ¶4 of this Agreement, thirty days before mailing Notices of Claim FormsDenial, provide to Porcelana and Class Counsel (i) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Claims; and (ii) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Claims, by category of benefit. The Settlement Website Porcelana and Class Counsel shall be reviewed then have an opportunity to review the Valid Claims and approved by Viridian (which approval the Notices of Claim Denial and request a meet and confer should they decide to challenge any Valid Claims or Notices of Claim Denial. In the event Lead Counsel challenges a Notice of Claim Denial, that Notice shall not unreasonably be withheldsent to the Class Member until Class Counsel and counsel for Defendant meet and confer to arrive at a resolution. Legitimate grounds for Porcelana and Class Counsel to challenge a claim shall include, but are not limited to, inadequate documentation and inconsistency with Porcelana’s records.
f. Effect Publication Notice through appropriate media for the Settlement Class. Publication notice shall take the form attached as Exhibits B-E to this Agreement.
g. Send, by first-class United States Mail, to each Person who has submitted a Claim Form that the Settlement Administrator has determined not to be a Valid Claim, and which has not been challenged by Lead Counsel, a Notice of Claim Denial. Such a person shall have 30 days to cure the reason for any denial.
h. Process requests for exclusion from the Settlement in accordance with this Agreement;
i. Process objections to the Settlement in accordance with this Agreement;
j. Within 30 days after the payment of all Valid Claims for monetary compensation by the Settlement Administrator, provide to Porcelana and Class Counsel, under penalty of perjury, a statement of the total number of claims submitted (in total and by category of benefit), the total number of claims adjudicated as Valid Claims (in total and by category of benefit), and the total dollar amount paid to Settlement Class Members (in total and by category of benefit).
4.8 To 6. Approve the extent necessaryform, stay any other proceedings affecting contents, and methods of notice to be given to the certified class pending in this Settlement Class and direct the Settlement Administrator to provide and cause to be provided such notices and to file with the Court or any other courta declaration detailing the scope, methods, and results of the notice program.
4.9 Set 7. Establish procedures and schedule deadlines for Settlement Class Members to object to the dateSettlement or certification of the Settlement Class, timeto exclude themselves from the Settlement, and location to submit Claim Forms to the Settlement Administrator, all consistent with the terms of this Agreement.
8. Schedule the Fairness Hearing; and
9. Schedule deadlines for the filing of (a) papers in support of final approval of the certification of the Settlement Class, the designation of Plaintiffs as representatives of the Settlement Class, the appointment of Class Counsel as counsel for the Settlement Class, and the Settlement; (b) Class Counsel’s Fee Application; and (c) objections to certification of the Settlement Class, to the designation of Plaintiffs as the representatives of the Settlement Class, to the appointment of Class Counsel as counsel for the Settlement Class, or to the Settlement.
B. At the Fairness Hearing, upon notice Porcelana and Class Counsel will jointly request the Court to enter a Final Approval Order that (1) certifies the Settlement ClassesClass, to consider:
a. whether designates Plaintiffs Xxxxxxx Xxxxxx and Xxxxx Xxxxx as Class Representatives, and designates Class Counsel as counsel for the Settlement should be finally approved Class; (2) grants final approval of the Settlement and this Agreement as fair, reasonable, and adequateadequate to the Settlement Class Members; (3) provides for the release of all Released Claims and enjoins Settlement Class Members from asserting, and whether filing, maintaining, or prosecuting any of the Released Claims in the future; (4) orders the dismissal with prejudice of all claims, causes of action, and counts alleged in the Lawsuits, and incorporates the releases and covenant not to xxx stated in this Agreement, with each of the Parties to bear its, his, or her own costs and attorney fees, except as provided in Section VIII below; (5) authorizes the payment by Porcelana of Valid Claims approved by the Settlement Administrator as Valid Claims, and otherwise reviewed by Class Counsel and Counsel for Porcelana and determined to be Valid Claims, in accordance with the terms of the Agreement; and (6) preserves the Court’s continuing jurisdiction over the administration of the Settlement Classes against and enforcement of this Agreement. In addition, Class Counsel will move the Released Persons should be dismissed with prejudice by Court for entry of a separate order approving the following: (1) Service Awards to Plaintiffs as described in this Agreement, and (2) attorney fees and costs to Class Counsel in an amount as approved by the Court and consistent with the terms of this Agreement.
C. Porcelana, Plaintiffs, and Class Counsel will cooperate and take all reasonable actions to accomplish the above. If the Court fails to enter either the Preliminary Approval Order or the Final Approval Order Order, Porcelana, Plaintiffs, and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on use all reasonable efforts that are consistent with this Agreement to cure any defect identified by the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and CostsCourt.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. 2. Promptly after execution of this Settlement Agreement by all Parties, Settlement Class Counsel and Defendants’ Counsel will take all reasonable and necessary steps, subject to the Court’s availability, to obtain entry of the Preliminary Approval Order and the Final Approval Order as expeditiously as possible.
3. As soon as practicable after the execution of executing this Agreement, Plaintiffs shall will take all necessary steps to file in this Action this Agreement and with the Court a motion seeking entry of the a Preliminary Approval OrderOrder in substantially the same form as that attached hereto as Exhibit “C.” Plaintiffs will file their Preliminary Approval Motion with the proposed Preliminary Approval Order and supporting documents. The proposed Preliminary Approval Order will, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the followingamong other things:
4.1 Preliminarily X. Xxxxxxx a nationwide (United States, District of Columbia, and Puerto Rico) settlement-only class; approve the Settlement;
4.2 Certify both Xxxx Xxxxxx, Xxxxx Xxxxxx, Xxxxx Xxxxxxxx, Xxxxxxx Xxxxxx, and Xxxxxx Xxxxxxx as Settlement Classes for settlement purposes onlyClass Representatives; and appoint their counsel as Settlement Class Counsel, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3)23;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx B. Preliminarily approve the Settlement and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, this Agreement as fair and Landau as Class Representatives for reasonable to the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 C. Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels LawClaims Administrator, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Claims Administrator to perform the following functions in accordance with the terms of this Agreement and the Preliminary Approval Order:
i. Require the Claims Administrator, within sixty (60) days of the date of the Preliminary Approval Order to establish and maintain an ADA compliant Settlement Website with the Settlement Agreement, FAQ, and other information that Defendants’ Counsel and Class Counsel jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings such as the operative Complaints, papers in support of preliminary and final approval of the Settlement, and Class Counsel’s Fee Application, plus relevant orders of the Court, which will remain available until all claims decisions by the Claims Administrator and benefits to claimants have been provided;
ii. Require the claims administrator, within sixty (60) days of the date of the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for Optto establish a toll-Outs from the Settlement in accordance with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which free number that Class Members can visit call to read request hard copies of the Claim Form and FAQ be sent to them by mail and obtain additional information regarding the Settlement, including submission ;
iii. Require the dissemination of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian Class Notice within sixty (which approval shall not unreasonably be withheld).
4.8 To 60) days of the extent necessary, stay any other proceedings affecting date of the certified class pending in this Court Preliminary Approval Order or any other court.
4.9 Set the date, timesuch additional time as is reasonably required, and location the taking of all necessary and appropriate steps to accomplish this task;
iv. Receive, evaluate, and either approve completed Claim Forms sent by persons seeking to receive benefits as meeting the requirements of the Fairness Hearing, upon notice Agreement or disapprove as failing to meet those requirements;
v. Process requests for exclusion from the Settlement in accordance with this Agreement;
vi. Process objections to the Settlement Classesin accordance with this Agreement;
vii. Subject to the provisions of Paragraph 14 of this Agreement, 35 days before mailing Notices of Claim Denial, provide to Defendants’ Counsel and Class Counsel (a) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Claims; and (b) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Claims, by category of benefit. Defendants’ Counsel and Class Counsel will then have an opportunity to review the Notices of Claim Denial and request a meet and confer should they decide to challenge Notices of Claim Denial. In the event Class Counsel challenges a Notice of Claim Denial, that Notice will not be sent to the Class Member until Class Counsel and Defendants’ Counsel meet and confer to arrive at a resolution, which must occur within at least 28 days of the Settlement Administrator’s provision of the lists described above to Class Counsel and Defendants’ Counsel;
viii. Require the Claims Administrator to provide notice under the Class Action Fairness Act, 28 U.S.C. § 1715 to the States’ Attorneys General within ten (10) days from the date of the Preliminary Approval Order, if it has not already done so;
X. Xxxxxxxxx that the Settlement Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution;
X. Xxxxxxxx a date and time for a Final Approval Hearing, not less than one hundred and forty-five (145) days after the date of the Preliminary Approval Order, to consider:
a. determine whether the Settlement should be finally approved by the Court;
F. Set a deadline for all claims by Class Members to be submitted, sixty (60) days after the date of the Final Approval Order;
G. Require Class Members who wish to exclude themselves from or object to the Settlement to submit an appropriate and timely written request for exclusion or objection by a date certain as specified in the Notice that will be one hundred and five (105) days after the date of the Preliminary Approval Order (e.g., 45 days after transmitting notice);
H. Require Class Members who wish to appear to object to the Settlement Agreement to submit an appropriate and timely written statement by a date certain as specified in the Notice that will be one hundred and five (105) days after the date of the Preliminary Approval Order (e.g., 45 days after transmitting notice);
I. Require attorneys representing objecting Class Members, at the time the objection is filed, at the objecting Class Members’ expense, to file a notice of appearance by a date certain as specified in the Notice that will be one hundred and five (105) days after the date of the Preliminary Approval Order (e.g., 45 days after transmitting notice);
J. Require Settlement Class Counsel to file their motion for an award of attorneys’ fees, inclusive of costs, expenses, and Settlement Class Representative Service Payments, sixty (60) days after the date of the Preliminary Approval Order;
K. Require Settlement Class Counsel to file their Final Approval Motion one- hundred and thirty (130) days after the date of the Preliminary Approval Order;
L. Require Defendants to file with the Court a declaration one-hundred and thirty (130) days after the date of the Preliminary Approval Order from the Claims Administrator:
(a) indicating the number of requests for exclusion and objections submitted by Class Members to date; and (b) attesting that Settlement Class Notice was disseminated in a manner consistent with the terms of this Settlement Agreement and the Class Action Xxxxxxxx Xxx, 00 X.X.X. §0000 et seq., or those otherwise required by the Court; and
M. Issue other related orders as necessary to effectuate the preliminary approval of the Settlement Agreement.
4. One-hundred and thirty (130) days after entry of the Preliminary Approval Order, Settlement Class Counsel will file the Motion for Final Approval and seek to obtain from the Court a Final Approval Order in a form to be agreed upon by the Parties. The Final Approval Order will be determined by the Court but is expected to, among other things:
A. Find that the Court has personal jurisdiction over all Settlement Class Members, subject-matter jurisdiction over the claims asserted in the Action, and that venue is proper;
B. Certify the Settlement Class, designate Plaintiffs as Class Representatives, and designate Class Counsel as counsel for the Settlement Class;
C. Approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23;
X. Xxxxx final approval of the Settlement and this Agreement as fair, reasonable, and adequateadequate to the Settlement Class Members;
E. Find that the Settlement Class Notice was the best practicable notice and complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution;
X. Xxxxxxxxx and whether award reasonable and agreed upon Settlement Class Counsel Fees and Expenses and Settlement Class Representative Service Awards to be paid to Settlement Class Counsel;
G. Dismiss the Released Claims Action with prejudice;
H. Incorporate the Release set forth in the Settlement Agreement and make the Release effective as of the date of the Effective Date;
I. Authorize the Parties to implement the terms of the Settlement Classes against Agreement;
J. Retain jurisdiction relating to the Released Persons should be dismissed administration, consummation, enforcement, and interpretation of the Settlement Agreement, the Final Approval Order, and for any other necessary purpose; and
K. Issue any related orders necessary to effectuate the final approval of the Settlement Agreement and its implementation.
5. The Parties will use their best efforts, consistent with prejudice by entry the terms of this Settlement Agreement, to promptly obtain a Final Approval Order.
6. If the Court does not issue the Preliminary Approval Order or does not issue the Final Approval Order and Judgmentif the Court does not grant leave to resubmit, substantially in then the form attached as Exhibit G;
b. Class Counsel’s motion for an award terms of Attorneys’ Fees and Costs; and
c. this Settlement Agreement are voidable by either Party. However, the Named Plaintiff Service Awards. Lead Class Counsel will file motions on Parties agree to use their best efforts, consistent with this Settlement Agreement, to cure any defect(s) the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and CostsCourt identified.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval7. The Parties acknowledge that prompt approval, counsel for Viridian will provide notice consummation, and implementation of the Settlement set forth in this Settlement Agreement are essential. The Parties will cooperate with each other in good faith to carry out the purposes of and to effectuate this Settlement Agreement, will promptly perform their respective obligations hereunder, and will promptly take any and all actions and execute and deliver any and all additional documents and all other materials or information reasonably necessary or appropriate to carry out the terms of this Settlement Agreement and the transactions contemplated hereby.
8. Upon Effective Date, the Action will be dismissed, on its merits and with prejudice, subject to the appropriate officials pursuant to the continuing jurisdiction of this Court, and Settlement Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to Members will be paid forever barred and enjoined from pursuing any claims which have been resolved by Viridianthis Settlement.
Appears in 1 contract
Samples: Settlement Agreement
REQUIRED EVENTS. 13 A. As soon as practicable after the execution of this Agreement, Plaintiffs the Parties 14 shall file in this Action the Lawsuit this Agreement and a joint motion seeking entry 15 of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish 16 all of the following:
4.1 17 1. Preliminarily approve the Settlement and this Agreement as fair 18 and reasonable to the Settlement Class;
19 2. Conditionally certify the Settlement Class as a nationwide class for 20 purposes of effecting the Settlement;
4.2 Certify both 21 3. Designate Plaintiff as the representative of the Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as 22 4. Designate Class Counsel as counsel for the Settlement ClassesClass;
4.5 23 5. Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels LawAngeion Group, P.C. LLC as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator 24 and instruct the Settlement Administrator to perform the following 25 functions in accordance with the terms of this Agreement, the 26 Preliminary Approval Order, and the Final Approval Order and Judgment:Order;
27 a. process requests for Opt-Outs from Disseminate the Summary Notice;
1 b. Establish the Settlement in accordance Website with Sections VII the Publication 2 Notice, Settlement Notice, and IX Summary Notice, Settlement 3 Agreement, FAQ, and other information that the Parties 4 jointly agree to post concerning the nature of this Agreement;
b. process Claim Forms in accordance with Section VII the case and 5 the status of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission the operative 6 Complaint, Preliminary Approval Order, and other relevant 7 orders of the Court concerning the Settlement;
8 c. Receive, evaluate, and either approve completed Claim 9 Forms sent by Persons seeking to receive compensation as 10 meeting the requirements of the Agreement or disapprove as 11 failing to meet those requirements;
12 d. Thirty days before mailing Notices of Claim Forms. The Settlement Website shall be reviewed Denial, provide 13 to Whirlpool and approved by Viridian Class Counsel (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location i) a list of the Fairness Hearing, upon notice to names and 14 addresses of all Settlement Class Members who have 15 submitted Claim Forms and whose Claim Forms the 16 Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice Administrator has determined to be paid by Viridian.Valid
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs 5.1 The Class Representatives shall file in this the Class Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order shall by its terms shall accomplish all of the following:
4.1 (a) Preliminarily approve the Settlementthis Agreement as fair, reasonable and adequate to Class Members;
4.2 Certify both Settlement Classes (b) Conditionally certify this putative Class Action as a class action for settlement Class Members for purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3)of effectuating the Agreement;
4.3 Appoint (c) Designate Plaintiffs XxxxxxxMaui Peaks Corporation, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx Xxx Xxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance NGMII LLC as Class Representative Representatives;
(d) Designate Class Counsel as counsel for the Above Average Usage ClassSettlement Class Members;
4.4 Appoint (e) Approve the counsel who represent retention of the Class Action Settlement Administrator and require the Class Representatives and who the MTA to provide the Class Action Settlement Administrator with each Class Members’ last known mailing address and email address and instruct the Class Action Settlement Administrator to perform the following functions:
(i) Process Opt Out requests in accordance with Section IX of this Agreement;
(ii) Process Objections to the Agreement in accordance with Section IX of this Agreement;
(iii) Work with the Global Settlement Administrator to ensure (a) the escrow account established by the Class Action Escrow Agreement receives the Gross Class Settlement Proceeds, (b) the Class Settlement Payments to the Settlement Class Members are signatories to processed and distributed in accordance with this Agreement, and (c) any other payments required under this Agreement as are made in accordance with this Agreement; and
(iv) Report on IRS Form 1099 or other appropriate tax reporting forms:
(a) all amounts paid to Settlement Class Counsel for Members and the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP Class Representatives; and Wittels Law(b) the Fee and Expense Award, P.C. as Lead if any, and any other attorneys’ fees award described herein and paid to Class Counsel, in accordance with Section VIII.
4.6 (f) Approve the form, contents, and methods method of notice to be given to the Settlement Classes Class Members as set forth in Section VII of this Agreement, and direct the Class Action Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for Opt-Outs from the Settlement in accordance with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 (g) Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes against the Released Persons should be dismissed with prejudice by entry of a date for the Final Approval Order and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on the topics outlined in Section VIII at least twenty-one (21) days prior to the deadline for members of the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and CostsHearing.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by Viridian.
Appears in 1 contract
Samples: Class Action Settlement Agreement
REQUIRED EVENTS. A. As soon as practicable after the execution of executing this Agreement, and in no event later than August 10, 2022, Plaintiffs shall take all necessary steps to file with the Court in this Action this Agreement and the Lawsuits a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
2. Conditionally certify the Settlement Class as a nationwide class for purposes of effectuating the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed3. R. Civ. P. 23(a)(1)-(4) and (b)(3)Designate Plaintiffs as the Class Representatives;
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau 4. Designate Class Counsel as Class Representatives counsel for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Settlement Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement 5. Designate Angeion Group as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, Agreement and the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for OptDisseminate the Summary Notice by email, and where email is undelivered, by first-Outs from the Settlement in accordance with Sections VII and IX of this Agreementclass United States Mail;
b. process Claim Forms Establish the Settlement Website with the Settlement Agreement, FAQ, and other information that Alterra and Class Counsel jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings such as the operative Complaint, papers in accordance with Section VII support of this Agreementpreliminary and final approval of the Settlement, and Class Counsel’s Fee Petition, plus relevant orders of the Court;
c. disseminate the Class Notices according Prior to the approved notice plan; and
d. establish emailing the Settlement WebsitesNotice, which establish a toll-free telephone number that Class Members can visit call to read request hard copies of the Claim Forms and FAQ be sent to them by mail and obtain additional information regarding the Settlement;
d. Receive, including submission evaluate, and either approve completed Claim Forms sent by Persons seeking to elect a Lift Product Voucher in lieu of a Pass Credit as meeting the requirements of the Agreement or disapprove as failing to meet those requirements;
e. Subject to the provisions of Section V of this Agreement, 21 days before mailing Notices of Claim FormsDenial, provide to Alterra and Class Counsel (i) a list of the names and addresses of all Settlement Class Members who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined to be Valid Elections; and (ii) a separate list of the names and addresses of all Persons who have submitted Claim Forms and whose Claim Forms the Settlement Administrator has determined not to be Valid Elections, by category of benefit. The Settlement Website Alterra and Class Counsel shall be reviewed then have an opportunity to review the Valid Elections and approved by Viridian (which approval the Notices of Claim Denial and request a meet and confer should they decide to challenge any Valid Elections or Notices of Claim Denial. In the event Class Counsel challenges a Notice of Claim Denial, that Notice shall not unreasonably be withheldsent to the Class Member until Class Counsel and counsel for Defendants meet and confer to arrive at a resolution, which must occur within at least 14 days of the Settlement Administrator’s provision of the lists described above to Class Counsel and counsel for Defendants. Legitimate grounds for Alterra and Class Counsel to challenge a claim shall include, but are not limited to, inadequate documentation and inconsistency with Alterra’s records, all of which is subject to Section V(D) below discussing the Class Member’s opportunity to cure a deficiency with their claim;
f. Send, by email if available or first-class United States Mail if email is not available, to each Person who has submitted a Claim Form that the Settlement Administrator has determined not to be a Valid Election, and which has not been challenged by Class Counsel, a Notice of Claim Denial or a notice of claim deficiency;
g. Process requests for exclusion from the Settlement in accordance with this Agreement;
h. Process objections to the Settlement in accordance with this Agreement;
i. Within 14 days after the close of the Notice Period, provide to Alterra and Class Counsel, under penalty of perjury, a statement of the total number of claims submitted, the total number of claims adjudicated as Valid Elections (in total and by category of Voucher amount), and a statement of the number of Class Members to receive a Pass Credit (in total and by category of Pass Credit amount); and
6. Approve the form, contents, and methods of notice to be given to the Settlement Class and direct the Settlement Administrator to provide and cause to be provided such notices and to file with the Court a declaration detailing the scope, methods, and results of the notice program;
7. Establish procedures and schedule deadlines for Settlement Class Members to object to the Settlement or certification of the Settlement Class, to exclude themselves from the Settlement, and to submit Claim Forms to the Settlement Administrator, all consistent with the terms of this Agreement;
8. Schedule the Fairness Hearing; and
9. Schedule deadlines for the filing of (1) papers in support of final approval of the certification of the Settlement Class, the designation of Plaintiffs as representatives of the Settlement Class, the appointment of Class Counsel as counsel for the Settlement Class, and the Settlement; (2) Class Counsel’s Petition for Fees and Service Awards for Class Representatives; and (3) objections to certification of the Settlement Class, to the designation of Plaintiffs as the representatives of the Settlement Class, to the appointment of Class Counsel as counsel for the Settlement Class, or to the Settlement.
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of B. At the Fairness Hearing, upon notice Alterra and Class Counsel will jointly request the Court to enter a Final Approval Order that (1) certifies the Settlement ClassesClass, to consider:
a. whether designates Plaintiffs as Class Representatives, and designates Class Counsel as counsel for the Settlement should be finally approved Class; (2) grants final approval of the Settlement and this Agreement as fair, reasonable, and adequateadequate to the Settlement Class Members; (3) finds that the Class Notice complied with all laws, including, but not limited to Federal Rule of Civil Procedure 23 and whether the Due Process Clause of the United States Constitution; (4) provides for the release of all Released Claims and enjoins Settlement Class Members from asserting, filing, maintaining, or prosecuting any of the Released Claims in the future; (5) orders the dismissal with prejudice of all claims, causes of action, and counts alleged in the Lawsuits, and incorporates the releases and covenant not to sue stated in this Agreement, with each of the Parties to bear its, his, or her own costs and attorney fees, except as provided in Section VIII, below; (6) authorizes the provision by Alterra of Pass Credits and Lift Product Vouchers, including Claim Forms approved by the Settlement Administrator as Valid Elections, and otherwise reviewed by Class Counsel and Counsel for Alterra and determined to be Valid Elections, in accordance with the terms of the Agreement; and (7) preserves the Court’s continuing jurisdiction over the administration of the Settlement Classes against and enforcement of this Agreement.
C. Alterra, Plaintiffs, and Class Counsel will cooperate and take all reasonable actions to accomplish the Released Persons should be dismissed with prejudice by entry of above. If the Court fails to enter either the Preliminary Approval Order or the Final Approval Order Order, Alterra, Plaintiffs, and Judgment, substantially in the form attached as Exhibit G;
b. Class Counsel’s motion for an award of Attorneys’ Fees and Costs; and
c. the Named Plaintiff Service Awards. Lead Class Counsel will file motions on use all reasonable efforts that are consistent with this Agreement to cure any defect identified by the topics outlined Court. If, despite such efforts, the Court does not enter the Preliminary Approval Order and Final Approval Order, the Parties will return to their positions in Section VIII at least twenty-one (21) days prior to the deadline for members of Lawsuits as they were immediately before the Classes to file any objections to the Settlement or motion for an award of Attorneys’ Fees and Costs.
4.10 Within ten (10) days of the filing of Plaintiffs’ Motion for Preliminary Approval, counsel for Viridian will provide notice execution of the Settlement to the appropriate officials pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, with the costs of such notice to be paid by ViridianAgreement.
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Samples: Class Action Settlement Agreement
