Settlement Administration. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities performed under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices, and such records will be made available to Class
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;
(b) Receive requests from Settlement Class Members to exclude themselves from the Settlement Agreement and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receipt. If the Settlement Administrator receives any exclusion requests from Settlement Class Members after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel.
(c) Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement Administrator, including without limitation, reports regarding the number of Claim Forms received.
(d) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice.
5.2 The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse or fraud, including by cross-referencing the contact information provided on the Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen ...
Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTS.
4.2 The Parties have agreed to request that the Court appoint Angeion Group as Claims Administrator. Once approved by the Court, the Claims Administrator will be an agent of the Court and will be subject to the Court's supervision and direction as circumstances may require.
4.3 The Claims Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests.
4.4 The Claims Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Counsel shall agree on all information and documents to be posted on the Settlement Website.
4.5 The Claims Administrator will conduct Claims Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' Counsel, and subject to the Court's supervision and direction as circumstances may require.
4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline.
4.7 The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity.
4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether:
(1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“C...
Settlement Administration. 6.1 Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement.
6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class:
6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class.
6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents.
6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number.
6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Pos...
Settlement Administration. The Settlement Administrator will conduct a skip trace for the address of all former employee Class Members. The Settlement Administrator will mail the Notice by first class U.S. mail to all Class Members at the address Defendants have on file for those Class Members and to all former employee Class Members at the address resulting from the skip trace. The Notice will inform Class Members that they have until the Response Deadline to either object to the Settlement or to opt-out of the Settlement. Any Class Member who does not receive Notice after the steps outlined above have been taken will still be bound by the Settlement and/or judgment.
Settlement Administration. 4.1 As soon as practicable, L3Harris shall cause the current recordkeeper for the Plan to provide the Settlement Administrator with reasonably obtainable participant data sufficient to effectuate class notice and to calculate each Settlement Class Member’s allocable portion of the Distributable Settlement Amount (the Plan of Allocation data). With respect to the Plan of Allocation data, the Plan’s Recordkeeper shall take commercially reasonable steps to ensure the data provided is complete as it exists in the Recordkeeper’s systems. Neither Plaintiffs, Plaintiffs’ Counsel, Defendants, or Defense Counsel will be responsible or liable in any way for ensuring the completeness or accuracy of the information provided by the Recordkeeper pursuant to this section.
4.2 The Settlement Administrator shall administer the Settlement subject to the supervision of Class Counsel, Defendants’ Counsel, and the Court as circumstances may require.
4.3 Defendants, Defendants’ insurers, and Defendants’ Counsel shall have no responsibility for, interest in, or liability whatsoever, with respect to:
(a) any act, omission, or determination of the Settlement Administrator, Class Counsel, or designees or agents of Class Counsel or the Settlement Administrator;
(b) any act, omission, or determination of Class Counsel or their designees or agents in connection with the administration of the Settlement;
(c) the management, investment, or distribution of the Settlement Amount or the Distributable Settlement Amount; or
(d) the determination, administration, calculation, or payment of any claims asserted against the Settlement Amount or the Distributable Settlement Amount.
4.4 The Settlement Administrator shall provide to Class Counsel and Defendants’ Counsel, no less than monthly, a full accounting of all expenditures made in connection with the Settlement, including Administration Costs, and any distributions from the Settlement Amount.
4.5 The Settlement Administrator shall provide such information as may be reasonably requested by the Parties relating to administration of this Agreement.
Settlement Administration. A. Within seven (7) days after the Preliminary Approval Date, Consumer Reports shall provide to the Settlement Administrator and to Class Counsel a list of the names, last known U.S. mailing addresses, last known billing addresses, telephone numbers, and email addresses of the Class Members, to the extent such information is available (the “Class List”). Defendant will provide the Settlement Administrator and Class Counsel with any other documents or data in its possession, custody, or control reasonably necessary to validate claims. The Class List and any other documents or data provided pursuant to this paragraph are designated as “Confidential” and shall be used only for implementation of the Settlement and for no other purpose. The Class List and any other documents or data provided pursuant to this paragraph shall be destroyed by Class Counsel upon final distribution of the Settlement Amount, with a written confirmation of destruction provided to Consumer Reports’ counsel.
B. No later than thirty-five (35) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last- known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverable, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. Class Counsel is authorized to direct the Settlement Administrato...
Settlement Administration a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099), and performing all related tax reporting to taxing authorities and to Defendants.
b. The Settlement Administrator will perform the foregoing duties based on the Class Member Data, which data shall be presumed to be correct. In addition, Defendants shall, within seven (7) days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: name, last known address, last known phone number (if any), and social security number. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within seven (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (14) days after ...
Settlement Administration. The Settlement Administrator will mail the Notice by first class U.S. mail to all Class Members. The Notice will inform Class Members that they have until the Response Deadline to either object to the Settlement or to opt-out of the Settlement. Any Class Member who does not receive Notice after the steps outlined above have been taken will still be bound by the Settlement and/or Judgment.
Settlement Administration. 30. All Notice and Settlement Administration Costs will be paid from the Settlement Fund.
31. The Parties agree to solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, all in order to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree to select an experienced class action settlement administrator to serve as the Settlement Administrator.
32. The Settlement Administrator will provide Postcard Notice to all Settlement Class Members by United States First Class mail of the settlement terms to all Settlement Class Members for whom they are provided a valid mailing address. The Settlement Administrator shall perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of the Settlement Class or object to the Settlement.
33. The Settlement Administrator shall also provide notice via publication if necessary and to the extent such notice is deemed appropriate by the Parties in consultation with the Settlement Administrator in order to provide the best notice practicable under the circumstances.
34. The Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of the Settlement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by all of Class Counsel and LSSI’s Counsel. The Parties shall reasonably cooperate with such requests.
35. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement and any additional processes agreed to by all of Class Counsel and XXXX’s Counsel, subject to the Court’s supervision and direction as circumstances may require.
36. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Website or by U.S. mail and must be postmarked no later than the Claim Deadline.
37. The Settlement Administrator will review and evaluate each Claim Form, including any required docu...
Settlement Administration. (a) The Parties will choose a third-party Claims Administrator (“Claims Administrator”) to provide notice of the settlement to the Settlement Class and otherwise administer the settlement in accordance with this Agreement, subject to the approval of the Court. The Claims Administrator will administer the settlement, including (i) providing the Short Form Notice, either by postcard notification of the proposed settlement to the same population as RMCHCS’s pre-Lawsuit Data Breach notification, or by email notification when valid email addresses are available; (ii) create and host a Settlement Website, publicly accessible for at least 6 months after the Effective Date, dedicated to providing information related to this Lawsuit, including access to relevant publicly available court documents relating to this Lawsuit, the settlement and the Settlement Agreement, including the Short Form Notice (in postcard/short/email format) and Long Form Notice of the settlement (attached hereto as Exhibits B and C, respectively), and provide Settlement Class Members with the ability to submit claims and supporting documentation for compensatory relief on the Settlement Website or to download claim forms from the Settlement Website and submit the claim forms for compensatory relief with supporting documentation via first-class U.S. mail; (iii) maintaining a toll-free telephone number and P.O. Box by which Settlement Class Members can seek additional information regarding the Settlement Agreement; (iv) post notification of the proposed settlement on the Settlement Website, which notification will be retained on the Settlement Website for a period of at least 90 days after the Effective Date; (v) processing claims and supporting documentation submissions, and the provision of approved payments to Settlement Class Members; (vi) processing requests for exclusion from Settlement Class Members; (vii) within 10 days after the filing of the motion to permit issuance of notice, the Claims Administrator acting on behalf of RMCHCS shall have served or caused to be served a notice of the proposed Settlement on appropriate officials in accordance with the requirements under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715(b); and (viii) any other provision of the Settlement Agreement that relates to the settlement and claims administration. Upon reasonable notice, the Claims Administrator and RMCHCS will make available for inspection by Class Counsel information reasonably necessa...