Common use of Settlement Administration Clause in Contracts

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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 for exclusion and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) 5.1.1. Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) 5.1.2. Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (c) 5.1.3. Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (d) 5.1.4. Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject a Claim Form any claim that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.does

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) 5.1.1. Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) 5.1.2. Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (c) 5.1.3. Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (d) 5.1.4. Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject a Claim Form any claim that does not contain all requested information necessary comply in any material respect with the instructions on the Claim Form or the terms of Paragraphs 1.2 and/or 1.3, above, or is submitted after the Claims Deadline. Each claimant who submits an invalid Claim Form to screen the claim for fraud or abuse, after giving Settlement Administrator must be given a notice of the claimant a reasonable Claim Form’s deficiency and an opportunity of no greater than to cure the deficiency within twenty-one (21) days to provide any requested missing informationof the date of the notice. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants Defendant’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers and to obtain and review supporting documentation relating to such Claim Form. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to The Xxxxxxxxx Xxxxx Xxxxxxxx of JAMS for binding determination. 5.4. In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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, effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Hearst’s Counsel with information concerning Notice, administration, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Hearst’s Counsel, with copies to Class Counsel, all 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 for exclusion forms and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Hearst’s Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Hearst’s Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Hearst’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the current number of Approved Claims, the estimated payment per Settlement Class Member with an Approved Claim, and the number of calls to be paid per Settlement Class Memberopt-outs and objections received; and (d) Make available for inspection by Class Counsel or Defendants’ Hearst’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims claims, and requests for exclusion, for abuse or fraudfraud or other defects, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, or request for exclusion, where there is evidence of abuse or fraudfraud or other defect (including, but not limited to, where another Claim Form previously has been accepted concerning the same telephone number, where the Claim Form has not been timely submitted, or where the Claim Form is associated with a person or telephone number that provided consent to be contacted by the San Francisco Chronicle). The Settlement Administrator shall also reject a Claim Form Form, or request for exclusion, that does not contain all requested information necessary to screen the claim or request for exclusion for fraud or abuseabuse or other defect, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify information and/or cure the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that datealleged defect. 5.3. Defendants Both Hearst’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted request for exclusion submitted by Defendants’ challenges. All other Settlement Class Members will have Members. The Settlement Administrator shall follow any agreed-to decisions of Hearst’s Counsel and Class Counsel. To the ultimate burden if their Claim Form is challenged extent Hearst’s Counsel and Class Counsel are not able to demonstrate agree on the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the Settling Parties agree to promptly bring the disputed challenge to the attention of the Court (or other mutually agreed-upon neutral) for resolution. 5.4. In the exercise of their duties outlined in this Agreement, both the Settlement Administrator and the Court (or other mutually agreed-upon neutral) shall notify each have the right to reasonably request additional information from the Parties or any Settlement Class Member via emailMember. 5.5. The Final Approval Hearing shall be set for a date no less than ninety (90) days after the Notice described in Provision 4.2(e) is disseminated. 5.6. The Settlement Administrator and Class Counsel shall keep the Class List and all personal information obtained therefrom, including the identity, telephone call or direct mailnumbers, whichever is the most practical based on the information provided in the Claim Formemail addresses, that (i) and U.S. mailing addresses of the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing strictly confidential in accordance with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, applicable law and (iii) confidentiality agreements that they may execute. The Parties agree that the Settlement Class Member will still receive a payment on account List may not be used for any purpose other than effectuating the terms of an Approved Claim regardless of this Agreement or the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed duties or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) callobligations arising hereunder.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementObjection/Exclusion Deadline; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis; and (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1. 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 practices, and such records will be made available to Class Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Class (a) Forward to Defendants’ 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 for exclusion and other requests from Settlement Class Members to exclude themselves from the Settlement Class Agreement and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel a copy thereof upon receipt (“the Opt-Out List”)receipt. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class Members after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel;. (c) Provide weekly reports to Class Counsel and Defendants’ CounselDefendant’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, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and. (d) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, 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. 5.2 The Settlement Administrator shall employ reasonable procedures to screen claims Claim Forms for abuse or fraud, including without limitation, by cross-referencing the contact information provided on the Claim Form Forms against the Class List, and by reviewing where a Claimant’s contact information does not appear on the evidentiary proof submitted by Class List, the Settlement Class MembersAdministrator 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 the claim for fraud or abuse, after giving the claimant Claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1. 11.1 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 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 Counsel and Cruise Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Cruise Defendants’ Counsel with reports and other information as they may require, including information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward a. Upon request, forward to Cruise Defendants’ Counsel, with copies to Class Counsel, all 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 Approved Claims and unapproved claims per the terms of the Settlement Agreement; (b) b. Receive requests Requests for exclusion Exclusion and other requests from the Settlement Class Class, and promptly provide a copy of such requests to Class Counsel and Cruise Defendants’ Counsel upon receipt (“the Opt-Out List”)receipt. If the Settlement Administrator receives any exclusion forms Requests for Exclusion or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall also promptly provide copies thereof to Class Counsel and Cruise Defendants’ Counsel; (c) c. Provide weekly reports to Class Counsel and Cruise Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; andCounsel regarding (d) d. Make available for inspection by Class Counsel or and Cruise Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. 11.2 The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class ListCall Records, and by reviewing the evidentiary proof submitted by submissions of the Settlement Class Members. 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 of the requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one fourteen (2114) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, within five (5) business days after the Settlement Administrator rejects the claim. The Settlement Administrator’s validation or rejection of all Claim Forms by shall occur on a rolling basis once the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and Class Members have been notified of the Settlement Administrator so that the Cruise Defendants may make any challenges to any claims known to all Parties and attempt to resolve them on an ongoing basis in order to avoid making all objections at the conclusion of the claims period. The Parties shall give notice receive weekly reports of such validation the status of all claims, including, but not 11.3 Subject to counsel on that date. 5.3. the provisions set forth at Section 2.3, the Cruise Defendants and the Class Representatives Representative will have the right to challenge the number submission of calls received by each any claim from any Settlement Class Member that are eligible on an ongoing basis from the date Settlement Class Members have been notified of the Settlement up to thirty (30) days after the Settlement Administrator provides the list of all of the validated and Final Approved Claims for payment. This deadline is premised on the Settlement Administrator regularly updating the Notice Database as to the status of all claims on a rolling basis and providing weekly reports to Class Counsel the Cruise Defendants regarding the status of all claims, including Approved and rejected claims, which determination shall be made by the Settlement Administrator on a rolling basis once the notice period commences, and providing timely access to the regularly updated Notice Database and required documentation upon request. All challenges not resolved between Class Counsel and the Cruise Defendants’ Counsel will be presented to the Special Master who Court at the Final Approval Hearing, which will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimchallenge. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master Administrator and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validationchallenge. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 11.4 In the event of a challengethe Cruise Defendants challenge one or more Settlement Class Members’ claims, the Settlement Administrator shall notify each Settlement Class Member within five (5) business days of its receipt of the challenge via email, telephone call or direct mail, 11.5 In the exercise of the duties outlined in this Agreement, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation Administrator shall have the right to prove each call claimed reasonably request additional information from the Parties or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the State-Specific Settlement Funds paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 for receive exclusion forms and other requests from the Settlement Class Members and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)receipt. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cb) Provide provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including including, without limitation, reports regarding the number of Claim Forms received, the current number determined to be rejected, approved by the number Settlement Administrator at that time from each of Approved Claimsthe Settlement Classes, and the number of calls to be paid per Settlement Class Member; andopt-outs received; (dc) Make make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice; (d) pay all Approved Claims according to the terms of this Settlement Agreement; (e) make all tax filings related to the Escrow Accounts, including making any required “information returns” as that term is used in 26 U.S.C. § 1, et seq. Neither Class Counsel nor Defendant makes any representations regarding the tax treatment of the Escrow Account, State-Specific Settlement Funds or any portion thereof; and (f) respond to questions about the Settlement from Settlement Class Members. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator Administrator, after consultation with Class Counsel, shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. 5.3. The Settlement Administrator shall also reject a any Claim Form that does not contain all requested information necessary information. The Settlement Administrator shall provide the individual with an opportunity to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than cure any deficient Claim Form within twenty-one (21) days after notice to provide any requested missing informationsuch individual. The Settlement Administrator shall notify If the claimant regarding individual fails to cure within the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challengerequired time, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must claim shall be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowedrejected. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event exercise of a challengetheir duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.126. All agreed-upon and reasonable Notice and Claims Administration Costs will be paid from the Settlement Fund. 27. Class Counsel represent that (i) they solicited competitive bids for Settlement administration, including Notice and Claims Administration Costs; (ii) they believe that Email Notice, where available, and Postcard Notice, is appropriate under the circumstances; and (iii) they will direct the Settlement Administrator to utilize other appropriate forms of notice if practicable, in order to contain the Notice and Claims Administration Costs while still providing effective notice to the Settlement Class Members. 28. The Settlement Administrator shall, under the supervision will provide written notice of the Court, administer the relief Settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely mannervalid mailing address or email address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this perform skip-tracing for any returned mail and shall re-mail notice to any Settlement AgreementClass Members whose addresses are uncovered by skip- tracing. 29. The Settlement Administrator shall maintain all such records as are required by applicable law will cause the Notice Program to be effectuated in accordance with its normal business practices and such records will be made available to Class Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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;Agreement and any orders of the Court. (b) Receive requests for exclusion and other requests from 30. The Settlement Administrator will administer the settlement process in accordance with the terms of the Settlement Agreement and as directed by Class Counsel, subject to the Court’s supervision and promptly provide direction as circumstances may require. 31. To make a copy of such requests to claim, a Settlement Class Counsel Member must complete and Defendants’ Counsel upon receipt (“the Opt-Out List”)submit a valid, timely, and sworn Claim Form. If A Claim Form shall be submitted online at the Settlement Administrator receives any exclusion forms Website or other requests from by U.S. mail and must be submitted on the Settlement Website or postmarked no later than the Claims Deadline. 32. The Settlement Administrator will review and evaluate each Claim Form for validity, timeliness, and completeness. 33. If, in the determination of the Settlement Administrator, a Settlement Class after the Objection/Exclusion DeadlineMember submits a timely but incomplete Claim Form, the Settlement Administrator shall promptly provide copies thereof to give the Settlement Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding Member notice of the number of Claim Forms received, the number determined to be rejected, the number of Approved Claimsdeficiencies, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator Member shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than have twenty-one (21) days Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Defendant’s Counsel and Class Counsel. If the defect is not cured within the 21-Day period, then the Claim will be deemed invalid and denied by the Settlement Administrator. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but timely cured, shall be considered “Claimants.” 34. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of a Final Judgment. Claim Forms may be provided to the Court upon request and to Defendant, Class Counsel and Defendant’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement. Class Counsel or the Settlement Administrator will provide other reports or information that the Court may require or that the Parties may reasonably request. 35. Subject to the terms and conditions of this Settlement Agreement, forty-five (45) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or electronic means (a “Claim Payment”) to each Claimant for their pro rata share of the Net Settlement Fund, in accordance with the following distribution procedures: a. The Settlement Administrator shall utilize the Net Settlement Fund to purchase one year of Privacy Shield services for all Settlement Class Members who claim that benefit as described in Paragraph 25 and to make all Cash Compensation payments as described in Paragraph 35. b. The amount of each Claim Payment shall be calculated by dividing the Net Settlement Fund (less the cost of one year of Privacy Shield services for Settlement Class Members who claim that benefit) by the number of valid claims for Cash Compensation. 36. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) Days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) Days of their date of issue shall not be reissued. The Settlement Administrator may also provide for payment of Claim Payments via electronic means. 37. To the extent any requested missing informationmonies remain in the Net Settlement Fund more than one hundred twenty (120) Days after the distribution of all Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who cashed or deposited their initial Claim Payments they received, provided that the average payment amount is equal to or greater than three dollars and zero cents ($3.00). The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than three dollars and zero cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed by mutual agreement of the Parties with approval by the Court. 38. For any Claim Check or Claim Payment returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Payment within thirty (30) Days after the check or electronic payment is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall notify only make one attempt to resend a Claim Check or Claim Payment. 39. No portion of the claimant regarding the missing information via email, telephone call Net Settlement Fund shall revert or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days be repaid to Defendant after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that dateDate. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Receive requests for exclusion Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other requests from communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis; (c) Receive Claim Forms from Unidentified Class Members and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)Defendant’s counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class Claim Forms after the Objection/Exclusion Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests 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 and await guidance from Counsel as to treatment thereof; (e) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (df) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such Person one (1) reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Defendant’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each an Unidentified Settlement Class Member that are eligible Member, as well as any request for paymentexclusion. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form or request for exclusion. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to Xxx XxXxxxx, Esq. of Xxx XxXxxxx ADR, PLLC for a binding determination. Xx. XxXxxxx will 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each have the right to reasonably request additional information from the Parties or any Settlement Class Member via emailMember. 5.5 Defendant, telephone call the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or direct mail, whichever is the most practical based on the information provided in the Claim Form, that liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed Administrator, or schedule a telephonic hearing any of their respective designees or agents, in connection with the Special Master where administration of the Settlement Class Member must testify as to the basis for each separate call claimed, or otherwise; (ii) the management, investment, or distribution of the Settlement Class Member has the burden of proving the specific number of calls received, and Fund; (iii) that the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Class Member will still receive a Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment on account or withholding of an Approved Claim regardless any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the outcome Settlement Fund or the filing of any federal, state, or local returns. 5.6 All taxes and tax expenses shall be paid out of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received Settlement Fund and shall be timely paid by the Settlement Class Member Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (1as well as the election set forth therein) based shall be consistent with this Agreement and in all events shall reflect that all taxes on the information already submitted, and (2) income earned by requiring additional information in the form Settlement Fund shall be paid out of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master Settlement Fund as to the basis for each separate call claimedprovided herein. The Special Master’s determination regarding Released Parties shall have no responsibility or liability for the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.acts or

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Settlement (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (de) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such Person one (1) reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Defendant’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted submitted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received.Members. The 5.5. 5.4 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by providing Notice and processing Claim Forms in a rational, responsivereasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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) a. Receive requests for exclusion and other requests to be excluded from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for submission of such forms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (c) b. Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports Defendant’s Counsel regarding the number of Claim Forms received, received and the number determined to be categorization and description of Claim Forms rejected, in whole or in part, by the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; andAdministrator; (d) c. Make available for inspection by Class Counsel or Defendants’ and Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Class Member is an Approved Claim and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms and conditions of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a person submits a timely Claim Form by the Claims Deadline but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such person reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing , which information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms must be received by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.fourteen

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Settlement Administration. 5.1. 4.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by providing Notice and processing Claim Forms Settlement Claims in a rational, responsivereasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claimsthose set forth in the Preliminary Approval Order. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 for exclusion and other requests to be excluded from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant's Counsel; (b) Obtain the contact information for known Settlement Class Members from Defendant; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding Effectuate the number of Claim Forms received, Notice Plan in accordance with the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; andprocedures set forth in this Agreement; (d) Make available Establish and maintain a post office box for inspection by mailed Claim Forms and Requests for Exclusions; (e) Establish and maintain the Settlement Website that, among other things, allows Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereofMembers to submit Settlement Claims electronically; (f) Establish and maintain a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and respond to such inquiries; (g) Respond to any correspondence received by mailed or emailed Settlement Class Member inquiries; (h) Process all Requests for Exclusion from the Settlement Administrator at any time upon reasonable notice.Class; 5.2. The (i) In advance of the Final Approval Hearing, prepare affidavits to submit to the Court that: (i) attest to implementation of the Notice Plan in accordance with the Preliminary Approval Order; and (ii) identify each Settlement Administrator shall employ reasonable procedures to screen claims Class Member who timely and properly provided a Request for abuse or fraudExclusion; (j) Review, including without limitation, by cross-referencing determine the information provided on the Claim Form against the Class Listvalidity of, and by reviewing the evidentiary proof process all Claim Forms submitted by Settlement Class Members. 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 pursuant to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided criteria set forth in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.this Agreement;

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Termax’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Termax’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Termax, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the (a) Forward Upon request, forward to Defendants’ Termax’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Provide Class Counsel and Termax’s Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Termax’s Counsel, website postings or language or other communications in a form approved by Class Counsel and Termax’s Counsel with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Termax’s Counsel agree to waive this requirement in writing on a case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Termax’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and DefendantsTermax’ Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Termax’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (de) Make available for inspection by Class Counsel or Defendants’ Termax’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. If a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary otherwise complete, then the Settlement Administrator shall attempt to screen contact the claim for fraud Settlement Class Member who submitted the Claim Form at least one time by telephone where a telephone number is available, or abuseif no telephone number is available, after giving the claimant a by regular U.S. mail, to give such Person one (1) reasonable opportunity of to provide any requested missing information, which information must be received by the Settlement Administrator no greater later than twenty-one (21) days after providing notice of the deficiency. If the Settlement Administrator receives such information more than twenty-one (21) days after providing notice of the deficiency, then any such claim shall be denied. If a claimant is not included in the Class List, then the Settlement Administrator shall immediately forward the claim to provide any requested missing informationTermax, through Defendant’s Counsel, to conduct a reasonable investigation to help determine whether the claim is valid. Defendant shall complete the investigation within 14 days of such notice. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Termax’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted submitted by Defendants’ challenges. All other a Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received.Member. The Settlement 5.5. 5.4 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 3.1 The Settlement Administrator shallAdministrator, under at the direction of Class Counsel and subject to the supervision of the Court, shall administer the relief provided by this Settlement Agreement by processing Claim Forms providing Notice and distributing Settlement Payments in a rational, responsivereasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require, including those set forth in the Preliminary Approval Order. Without limiting the foregoing, the Settlement Administrator shall: (a) Obtain the Settlement Class Contact Information from Defendants; (b) Effectuate the Notice Plan in accordance with the procedures set forth in this Settlement Agreement; (c) Establish and maintain a post office box for mailed Requests for Exclusion; (d) Establish and maintain the Settlement Website; (e) Establish and maintain a toll-free telephone line for Settlement-related inquiries; (f) Respond to inquiries regarding the Settlement; (g) Respond to inquiries regarding the Plan of Allocation set forth in the Long Form Notice; (h) Receive and process requests from individuals seeking entry into the Settlement Class and promptly provide Class Counsel and Defendants’ Counsel copies thereof; (i) Receive and process Requests for Exclusion from the Settlement Class and promptly provide Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator receives any Requests for Exclusion after the deadline for the submission of such forms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (j) In advance of the Fairness Hearing, prepare affidavits to submit to the Court that: (i) attest to implementation of the Notice Plan in accordance with the Preliminary Approval Order; and (ii) identify each Settlement Class Member who timely and properly provided a Request for Exclusion; (k) Distribute the Settlement Fund in accordance with the terms and conditions of this Settlement Agreement; (l) Provide weekly reports and a final report to Plaintiffs and Defendants that summarize the Notice Plan, the number of Objections and Requests for Exclusion, and other pertinent information as requested by Class Counsel and Defendants’ counsel; (m) Maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Upon request, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning the calculation of Settlement Payments, Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 AgreementSettlement; (bn) Receive requests for exclusion and other requests from Perform any function related to Settlement administration at the Settlement Class and promptly provide a copy agreed-upon instruction of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to both Class Counsel and Defendants’ Counsel, including without limitationincluding, reports regarding but not limited to, verifying that cash payments have been distributed in accordance with the number terms and conditions of Claim Forms receivedthis Settlement Agreement; (o) Provide Class Counsel with Customer Trading Information and Settlement Class Contact Information as necessary for Class Counsel to respond to Settlement Class Members’ inquiries about and/or objections to the Settlement. Any Settlement Class Contact and/or Customer Trading Information furnished to Class Counsel shall be treated as Confidential pursuant to the Protective Order entered in this matter, Dkt. Nos. 90-91, and shall be used only for purposes of responding to Settlement Class Members’ inquiries and implementing the Settlement. If necessary, any Settlement Class Contact and/or Customer Trading Information shall be redacted and/or filed under seal pursuant the Protective Order and Local Rules of Court with any court filings in connection with obtaining approval of and/or implementing the settlement. 3.2 In the exercise of its duties outlined in this Settlement Agreement, the number determined Settlement Administrator shall have the right to be rejected, reasonably request additional information from the number of Approved Claims, Plaintiffs and the number of calls to be paid per Defendants or any Settlement Class Member; and. (d) Make available for inspection by 3.3 Because information about Settlement Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by Members will be provided to the Settlement Administrator at any time upon reasonable notice. 5.2. The solely for purposes of providing the Notice, Settlement benefits, and processing Requests for Exclusion, the Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraudwill execute a confidentiality and non-disclosure agreement with Defendants, including without limitationDefendants’ Counsel, by cross-referencing the and Class Counsel and will ensure that any information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted to it by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, Class Counsel, Defendants’ Counsel, or any part Defendants will be secure and used solely for the purpose 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms effecting this Settlement. 3.4 All costs incurred by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date be borne by and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received paid by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) callFund.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms and requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the Settlement, and the terms of any separate contract or agreement entered into between or among the Settlement Administrator and Class Counsel, Defendants’ Counsel, or the Defendants to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementClaims Deadline; (b) Provide Class Counsel and Defendants’ Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendants’ Counsel agree to waive this requirement in writing on case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms and requests for exclusion and/or objections received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (de) Make available for inspection by Class Counsel or and Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject a Claim Form any claim that does not contain all requested information necessary to screen comply in any material respect with the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based instructions on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days Form or is submitted after the Effective Date Claims Deadline. Each 5.3 Defendants’ Counsel and the Settlement Administrator Class Counsel shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers and to obtain and review supporting documentation relating to such Claim Form. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendants’ Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master extent Class Counsel and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have Counsel are not able to agree on the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the Settlement Administrator disputed claim shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as be submitted to the basis Court for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) calldetermination.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.117. The Settlement Administrator shallshall be retained by Lead Counsel subject to the approval and jurisdiction of the Court. 18. The Settlement Administrator shall administer the Settlement, including but not limited to the process of receiving, reviewing, and approving or denying Claims under Lead Counsel’s supervision and subject to the jurisdiction of the Court. Defendants shall have no responsibility for the administration of the Settlement and shall have no liability to Class Members or Lead Counsel in connection with this administration. Lead Counsel shall designate a contact person at the Settlement Administrator to whom Defendants may refer all inquiries they receive from potential Claimants. 19. The Settlement Administrator shall receive Claims and determine, first, whether the Claim is an Authorized Claim, in whole or in part; and second, each Authorized Claimant’s pro rata share of the Net Cash Settlement Amount based upon each Authorized Claimant’s Recognized Claim (as calculated pursuant to the Plan of Allocation set forth in the Notice annexed hereto as Exhibit A-1, or in such other plan of allocation as the Court approves). 20. The Plan of Allocation contained in Exhibit A-1 hereto is not a necessary term of this Settlement Agreement, and it is not a condition of this Settlement Agreement that any particular plan of allocation be approved. No Defendant shall have any involvement with or liability, obligation or responsibility whatsoever for the application of the Court-approved plan of allocation. 21. Each Authorized Claimant shall be allocated a pro rata share of the Net Cash Settlement Amount based on his, her or its Recognized Claim compared to the total Recognized Claims of all Authorized Claimants. 22. Any Class Member who does not submit a valid Claim Form will not be entitled to receive any distribution from the Net Cash Settlement Amount, but will otherwise be bound by all of the terms of this Settlement Agreement and the Settlement, including the terms of the Judgment to be entered in the Action and the Releases provided for herein, and will be barred and enjoined from bringing any action against the Releasees concerning the Released Plaintiffs’ Claims. 23. Lead Counsel shall be responsible for supervising the administration of the Settlement and disbursement of the Net Cash Settlement Amount by the Settlement Administrator. Defendants shall have no liability, obligation or responsibility for the administration of the Settlement or disbursement of the Net Cash Settlement Amount (except to provide the aforementioned list of holders of Array common stock during the Class Period). Defendants shall not be permitted to review, contest or object to any submitted Claim Form or any decision of the Settlement Administrator or Lead Counsel with respect to accepting or rejecting any submitted Claim Form or Claim for payment by a Class Member. Lead Counsel shall have the right, but not the obligation, to waive what it deems to be formal or technical defects in any Claim Forms submitted in the interests of achieving substantial justice. 24. For purposes of determining the extent, if any, to which a Class Member shall be entitled to be treated as an Authorized Claimant, the following conditions shall apply: Each Class Member shall be required to submit a Claim Form substantially in the form attached hereto as Exhibit A-2, supported by such documents as are designated therein, including proof of the Claimant’s loss, or such other documents or proof as the Settlement Administrator or Lead Counsel, in their discretion, may deem acceptable. All Claim Forms must be submitted by the date set by the Court in the Preliminary Approval Order and specified in the Notice, unless such deadline is extended by Order of the Court. Any Class Member who fails to submit a Claim Form by such date shall be forever barred from receiving any distribution from the Net Cash Settlement Amount or payment pursuant to this Settlement Agreement (unless, by Order of the Court, late-filed Claim Forms are accepted), but shall in all other respects be bound by all of the terms of this Settlement Agreement and the Settlement including the terms of the Judgment and the Releases provided for herein, and will be barred and enjoined from bringing any action against the Releasees concerning the Released Plaintiffs’ Claims. A Claim Form shall be deemed to be submitted when posted, if received with a postmark indicated on the envelope and if mailed by first-class mail and addressed in accordance with the instructions thereon. In all other cases, a Claim Form shall be deemed to have been submitted on the date when actually received by the Settlement Administrator. Each Claim Form shall be submitted to and reviewed by the Settlement Administrator, under the supervision of the CourtLead Counsel, administer the relief provided by who shall determine in accordance with this Settlement Agreement and the Court-approved plan of allocation, the extent, if any, to which each Claim shall be allowed, subject to review by processing the Court pursuant to subparagraph (e) below. Claim Forms that do not meet the submission requirements may be rejected. Prior to rejecting a Claim in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law whole or in accordance with its normal business practices and such records will be made available to Class Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoingpart, the Settlement Administrator shall:shall communicate with the Claimant in writing, to give the Claimant the chance to remedy any curable deficiencies in the Claim Form submitted. The Settlement Administrator, under the supervision of Lead Counsel, shall notify, in a timely fashion and in writing, all Claimants whose Claim they propose to reject in whole or in part, setting forth the reasons therefore, and shall indicate in such notice that the Claimant whose claim is to be rejected has the right to a review by the Court if the Claimant so desires and complies with the requirements of subparagraph (e) below. If any Claimant whose Claim has been rejected in whole or in part desires to contest such rejection, the Claimant must, within twenty (20) calendar days after the date of mailing of the notice required in subparagraph (d) above, serve upon the Settlement Administrator a notice and statement of reasons indicating the Claimant’s grounds for contesting the rejection along with any supporting documentation, and requesting a review thereof by the Court. If a dispute concerning a Claim cannot be otherwise resolved, Lead Counsel shall thereafter present the request for review to the Court. (a) Forward 25. Each Claimant shall be deemed to have submitted to the jurisdiction of the Court with respect to the Claimant’s Claim, and the Claim will be subject to investigation and discovery under the Federal Rules of Civil Procedure, provided, however, that such investigation and discovery shall be limited to that Claimant’s status as a Class Member and the validity and amount of the Claimant’s Claim. No discovery shall be allowed on the merits of the Action or Settlement in connection with the processing of Claim Forms. 26. Following the date on which the Settlement is no longer subject to further appeal or review, whether by exhaustion of any possible appeal, lapse of time, or otherwise, and the Settlement Administrator has completed processing all of the Claims submitted in connection with the Settlement, Lead Counsel will apply to the Court, on notice to Defendants’ Counsel, with copies to for a Class Counsel, all documents Distribution Order: (a) approving the Settlement Administrator’s administrative determinations concerning the acceptance and other materials received in connection rejection of the Claims submitted; (b) approving payment of any unpaid Notice and Administrative Expenses associated with the administration of the Settlement Agreement within thirty from the Escrow Account; and (30c) days if the Effective Date has occurred, directing payment of the Net Cash Settlement Amount to the Authorized Claimants. 27. Upon entry of the Class Distribution Order, the Net Cash Settlement Amount (which excludes (i) the Attorneys’ Fees and Expenses Award, (ii) Notice and Administrative Expenses incurred, (iii) estimated Notice and Administrative Expenses for distributing the Net Cash Settlement Amount to eligible Settlement Class Members, and (iv) any taxes paid or to be paid on the Settlement Amount (and accumulated interest) and related tax preparation expenses) shall be promptly distributed to Authorized Claimants in accordance with the plan of allocation approved by the Court. 28. In the event that the Settlement is no longer subject to further appeal or review, the Settlement Administrator has completed processing all of the Claims submitted in connection with the Settlement, and the Court has entered an order authorizing distribution of the Settlement proceeds to the Class, but the Attorneys’ Fees and Expenses Award is on appeal or subject to further appeal or review, Lead Counsel may conduct a partial distribution of the Net Cash Settlement Amount to eligible members of the Class after setting aside and holding in reserve the amount of attorneys’ fees and expenses at issue on appeal. 29. If there is any balance remaining in the Net Cash Settlement Amount after nine (9) months from the date on which of distribution of the Net Cash Settlement Amount (whether by reason of tax refunds, uncashed checks, or otherwise), Lead Counsel shall, if economically feasible, reallocate such balance among Authorized Claimants in an equitable and economic fashion. Lead Counsel shall conduct further re-distributions of the Net Cash Settlement Amount to Authorized Claimants until it is determined that further re-distributions are not economically feasible. Thereafter, any balance that still remains in the Net Cash Settlement Amount shall be donated to the Investor Protection Trust or other appropriate non-profit organization to be selected by Lead Counsel. 30. Payment pursuant to the Class Distribution Order shall be final and conclusive against all Claim Forms have been finally Class Members. All Class Members whose Claims are not approved or disallowed per by the Court shall be barred from participating in distributions from the Net Cash Settlement Amount, but otherwise shall be bound by all of the terms of this Settlement Agreement and the Settlement, including the terms of the Settlement Agreement;Judgment to be entered in the Action and the Releases provided for herein and therein, and will be barred and enjoined from bringing any action against any and all of the Releasees concerning any and all of the Released Plaintiffs’ Claims. (b) Receive requests for exclusion 31. All proceedings with respect to the administration, processing and other requests from determination of Claims and the Settlement Class and promptly provide a copy determination of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counselall controversies relating thereto, including without limitation, reports regarding disputed questions of law and fact with respect to the number validity of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to shall be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented subject to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them jurisdiction of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowedCourt. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1. 5.1 AMC shall administer sending links to register for a free year of AMC Stubs Premiere Membership to those Settlement Class Members who do not elect a cash payment or elect to exclude themselves from the Settlement. 5.2 The Settlement Administrator shall, under the supervision of the Court, administer the monetary relief provided by this Settlement Agreement by processing Claim Forms and disbursing funds in a rational, responsive, cost effective, and timely manner, consistent with the terms of this Agreement. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the monetary relief provided by the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning claims, Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all cash amounts paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDeadline; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms and requests for exclusion and/or objections received. 5.3 Defendant, the number determined to be rejected, the number of Approved ClaimsReleased Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the number Settlement Administrator, or any of calls their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the cash payment; (iii) the payment of the cash payment to be paid per Settlement Class Member; andMembers or the implementation, administration, or interpretation (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms5.4 All taxes and tax expenses, any documentation or other evidence submitted in support thereofif any, and any correspondence received shall be timely paid by the Settlement Administrator at any time upon reasonable notice. 5.2and reimbursed by Defendant pursuant to this Agreement and without further order of the Court. The Any tax returns prepared for the Settlement Administrator (as well as the election set forth therein) shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided be consistent with this Agreement and in all events shall reflect that all taxes on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms income earned by the Settlement Administrator shall occur be paid out of the Settlement as provided herein. The Released Parties shall have no later than fourteen (14) days after responsibility or liability for the Effective Date and acts or omissions of the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented or its agents with respect to the Special Master who will make a binding determination as to the number payment of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual taxes or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowedtax expenses. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Members on (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (d) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim and shall reject Claim Forms that does not contain all requested information necessary fail to screen (a) comply with the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information provided in as requested on the Claim Form. The validation of all In the event a Person submits a timely Claim Forms Form by the Settlement Administrator shall occur no later than fourteen (14) days after Claims Deadline where the Effective Date and Person appears on the Settlement Administrator Class 5.3 Defendant’s Counsel and Class Counsel shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to Xxx X. Xxxxxxx of JAMS for binding determination. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. The Settlement Administrator shallshall provide Notice to the Settlement Class Members as described in Section 4, under the supervision of the Court, and create and administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely mannerWebsite. 5.2. The Settlement Administrator shall maintain receive and review Claim Forms submitted electronically. The Settlement Administrator shall also receive and review opt out requests and all other forms and requests, and promptly provide to Class Counsel and Defendant’s Counsel copies of such forms and requests. 5.3. The Settlement Administrator shall provide weekly reports to Class Counsel and Defendant’s Counsel regarding the number of Claim Forms received, the type of relief Settlement Class Members have chosen, and the number of Approved Claim Forms. 5.4. The Settlement Administrator shall keep reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator associated with the Agreement and shall maintain all such records as are required by applicable law and in accordance with its normal reasonable business practices and such practices. Such records will shall be made available to Class Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator , and shall also provide reports and other information be provided to the Court as the Court may requireif so required. 5.5. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and implementation administration and information of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 for exclusion and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.25.6. The Settlement Administrator shall employ reasonable procedures determine whether any Claim Form submitted is an Approved Claim Form and shall reject any Claim Form that fails to screen claims for abuse or fraud, including without limitation, by cross-referencing (i) comply with the information provided instructions on the Claim Form against or terms of the Agreement, or (ii) provide full and complete information as requested on the Claim Form. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form. 5.7. Class List, Counsel and by reviewing Defendant’s Counsel shall have the evidentiary proof submitted by Settlement Class Membersright to challenge any acceptance or denial of a Claim Form. The Settlement Administrator shall reject a Claim Form, or follow any part agreed decisions 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date Class Counsel and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all any disputed Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5Form. In the event of that Class Counsel and Xxxxxxxxx’s Counsel cannot agree regarding a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the disputed Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely Parties may submit the supplemental documentation or testify issue to mediation before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number Xxx Xxxxxxx of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) callJAMS.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.116. All Notice and Claims Administration Costs will be paid by EHS and will be separate and apart from the Compensation to Settlement Class Members described in Paragraph 14. 17. The Parties have agreed to the selection of a settlement claims administrator and will use best efforts to adopt a reasonable notice and claims administration process to minimize costs that comports with due process and that will likely be approved by the Court. 18. The Settlement Administrator shall, under will cause 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 under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law Notice Program to be effected in accordance with its normal business practices and such records will be made available to Class Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 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 Class Counsel and EHS’s Counsel. The Parties shall reasonably cooperate with such requests. 19. The Settlement Administrator will administer the Settlement Website and will cause the Settlement Website to be updated to provide information and relevant documents related to this Settlement, including but not limited to, the following: applicable deadlines; Notice; a downloadable Claim Form that may be submitted online or by U.S. Mail; a reminder notice to remind Class Members of the Claim Deadline; FAQs and answers; orders of the Court pertaining to the Settlement; this Settlement Agreement;; a toll-free telephone number; and 1 Sample notification to be included in all emails. This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. contact address for questions. Class Counsel and EHS’s Counsel shall agree on all information and documents to be posted on the Settlement Website. (b) Receive requests 20. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement and any additional processes agreed to by Class Counsel and EHS’s Counsel, subject to the Court’s supervision and direction as circumstances may require. 21. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. Claim Forms shall be submitted online or by U.S. mail and must be postmarked no later than the Claim Deadline. Claim Forms that are not timely submitted, but which are received by the Settlement Administrator prior to the Final Approval Hearing, may still potentially be redeemed subject to Court approval at the Final Approval Hearing, for exclusion good cause shown. 22. The Settlement Administrator will review and other requests from evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness. 23. If, in the determination of the Settlement Administrator, the Settlement Class and promptly provide Member submits a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms timely but incomplete or other requests from the Settlement Class after the Objection/Exclusion Deadlineinadequately supported Claim Form, the Settlement Administrator shall promptly provide copies thereof to give the Settlement Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding Member notice of the number of Claim Forms received, the number determined to be rejected, the number of Approved Claimsdeficiencies, and the number of calls to be paid per Settlement Class Member; and Member shall have ten (d10) Make available for inspection by Class Counsel or Defendants’ Counsel Days from the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by date of written notice to cure the Settlement Administrator at any time upon reasonable notice. 5.2deficiencies. The Settlement Administrator shall employ reasonable procedures will provide notice of deficiencies concurrently to screen claims for abuse or fraudEHS’s Counsel and Class Counsel. If the defect is not cured within the 10-Day period, including without limitation, by cross-referencing the information provided on then the Claim Form against will be deemed invalid and will not be paid unless otherwise approved by the Class ListCourt at the Final Approval Hearing, and by reviewing the evidentiary proof submitted by for good cause shown. All Settlement Class Members. The Settlement Administrator shall reject Members who submit a valid and timely 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 including a Claim Form that does not contain all requested information necessary to screen was deemed defective but is cured within the claim for fraud or abuse10-Day period, shall be considered “Claimants.” 24. Promptly after giving the claimant a reasonable opportunity later of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of Deadline or the time for all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit who submitted a deficient Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challengecure has passed, the Settlement Administrator shall notify each provide to EHS’s Counsel the total amount of valid and timely claims to be paid pursuant to this Settlement Class Member via emailAgreement, telephone call or direct mailand a list of all Claimants whose claims for a payment of reimbursement of out-of-pocket expenses pursuant to Paragraph 14(b) were approved and in what amount, whichever is the most practical based on the information provided in the Claim Form, so that (i) EHS can provide the Settlement Class Member must within thirty (30) days either submit supplemental documentation Administrator with sufficient funds to prove each call claimed or schedule a telephonic hearing with make the Special Master where the required payments to all Claimants. 25. The Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden Administrator will maintain records of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved all Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than Forms submitted until one hundred eighty (180) days Days after Final Judgmentthe Effective Date. Claim Forms and supporting documentation may be provided to the Court upon request and to Plaintiffs, EHS, Class Counsel and EHS’s Counsel to the Special Master will make a extent necessary to resolve claims determination regarding the claims under challenge, including the number of calls received by issues pursuant to this Settlement Agreement and Settlement. EHS or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Class MemberCounsel may reasonably require. (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as 26. Subject to the basis for each separate call claimed. The Special Master’s determination regarding terms and conditions of this Settlement Agreement, fourteen (14) Days after the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challengeEffective Date, the Settlement Class member will Administrator shall mail or otherwise provide a check (“Claim Check”) to each Claimant in the amount for which each Claimant has submitted a valid, timely claim, subject to pro rata recalculation pursuant to Paragraph 14. 27. Each Claim Check shall be permitted mailed to recover for at least one the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (190) callcalendar Days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar Days of their date of issue shall not be reissued. The Settlement Administrator shall return the balance resulting from such uncashed checks, if any, to EHS.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1A. The Settlement Proceeds shall be administered pursuant to the provisions of this Settlement Agreement and subject to the Court’s continuing supervision and control, until the Settlement Proceeds are fully distributed, as described in this section. The Parties agree that Class Counsel will retain a third-party settlement administrator. Accordingly, the distribution of Settlement Proceeds to Class Members will be handled by the third- party administrator. B. After the Effective Date, the Settlement Proceeds shall be disbursed in accordance with a plan of distribution approved by the Court or other Court order. The Settlement Administrator shall, under Class Members shall look solely to the supervision Settlement Proceeds for settlement and satisfaction of any and all Released Claims from the Released Party. Subject to approval by the Court, administer each Settlement Class Member seeking to receive funds distributed pursuant to this Agreement must execute a written release in favor of 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 Released Party of its activities 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 Released Claims. C. Defendants will be solely responsible for determining whether any “Conditional Payments,” as that term is defined under the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(2)(B), have been made available to by Medicare on a Participating Class Member’s behalf. To the extent that any Participating Class Member is a Medicare beneficiary, Settlement Class Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also will provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Noticesufficient to make such a determination, administrationas provided on that Participating Class Member’s Claim Form and Release. All information provided by Settlement Class Counsel pursuant to this Section shall be subject to the operative protective order entered in this Action. Defendants shall use such information solely for purposes of determining whether Medicare has made any Conditional Payments on behalf of a particular Participating Class Member, and implementation of the Settlement Agreementfor no other purpose. Should the Court requestOther than as provided herein, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 for exclusion and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel Defendants and Defendants’ Counsel upon receipt shall not disclose such information to any person (“the Opt-Out List”other than to Medicare personnel, who are also prohibited from using such information for any other purpose than determining whether any Conditional Payments have been made by Medicare on a Participating Class Member’s behalf). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator The confidentiality requirements of this Paragraph shall promptly provide copies thereof continue to Class Counsel bind Defendants and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel in the event that this Agreement is rescinded, terminated, not approved by the Court, or otherwise no longer in effect. Defendants and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the will destroy all information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 pursuant to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur this Paragraph no later than fourteen (14) 30 days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation completion of all Claim Forms payments described in Sections III(A) and III(B) or termination of this Settlement Agreement as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be alloweddescribed in Section XXIII. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Settlement Agreement

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 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 practices, and such records will be made available to Class Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all documents and other materials received in connection with the administration of the Receive exclusion requests from Damages 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 for exclusion Subclass Members and other requests from the Injunction Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)receipt. If the Settlement Administrator receives any exclusion forms or other requests from the Injunction Settlement Class or Damages Settlement Subclass after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cb) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the current number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator at that time, and the number of calls to be paid per Settlement Class Member; andopt-outs received; (dc) Make available for inspection inspection, upon reasonable notice by Class Counsel or Defendants’ Counsel Defendant’s Counsel, the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable noticetime; (d) Pay all Approved Claims according to the terms of this Settlement Agreement; (e) Make all tax filings related to the Escrow Account; neither Class Counsel nor Defendant make any representations regarding the tax treatment of the Settlement Fund; and (f) Respond to questions about the Settlement from class members. 5.2. 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 be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud, including by cross-referencing information from submitted Claim Forms with the Class List. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Damages Settlement Subclass Member is an Approved Claim and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a person submits a timely Claim Form by the Claims Deadline, but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such person reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information, which information must be received by the Settlement Administrator no later than twenty-eight (28) calendar days after the Settlement Administrator’s request for additional information. In the event the Settlement Administrator receives such information more than twenty-eight (28) calendar days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall notify the claimant regarding the missing may contact any person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Waste Management’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Waste Management’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Waste Management, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Upon request, forward to Defendants’ Waste Management’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, 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;on (b) Provide Class Counsel and Waste Management’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts in a form approved by Class Counsel and Waste Management’s Counsel, website postings or language or other communications in a form approved by Class Counsel and Waste Management’s Counsel with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Waste Management’s Counsel agree to waive this requirement in writing on a case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Waste Management’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Waste Management’s Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Waste Management’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (de) Make available for inspection by Class Counsel or Defendants’ Waste Management’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing fraud and deny Claim Forms where there is evidence of abuse or 5.3 Waste Management’s Counsel and Class Counsel shall have the information provided on right to challenge the acceptance or rejection of a Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or follow any part agreed decisions of a claim for a payment reflected therein, where there is evidence Class Counsel and Waste Management’s Counsel as to the validity of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the disputed submitted Claim Form. The validation of all Claim Forms by To the Settlement Administrator shall occur no later than fourteen (14) days after extent Class Counsel and Waste Management’s Counsel are not able to agree on the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to the Court for binding determination. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:HHS’s Counsel (a) Forward Upon request, forward to Defendants’ HHS’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Provide Class Counsel and HHS’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts in a form approved by Class Counsel and HHS’s Counsel, website postings or language or other communications in a form approved by Class Counsel and HHS’s Counsel with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and HHS’s Counsel agree to waive this requirement in writing on a case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ HHS’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;deadline for the (cd) Provide weekly reports to Class Counsel and Defendants’ HHS’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (de) Make available for inspection by Class Counsel or Defendants’ HHS’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. If a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such Person one (1) reasonable opportunity of to provide any requested missing information, which information must be received by the Settlement Administrator no greater later than twenty-one (21) calendar days to provide after providing notice of the deficiency. If the Settlement Administrator receives such information more than twenty-one (21) calendar days after providing notice of the deficiency, then any requested missing informationsuch claim shall be denied. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 HHS’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted submitted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received.Members. The Settlement 5.5. 5.4 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 6.1 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 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 Counsel and Defendants’ NRG’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ NRG’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each the Settlement Class Member Members on account of Approved Claims. . 6.2 Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ NRG’s Counsel, with copies to Class Counsel, all documents and other materials received in connection with the administration of the Settlement Agreement Agreement, including an electronic copy of such documents, within thirty fourteen (3014) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementClaims Deadline; (b) Receive requests for exclusion and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ NRG’s Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives receipt, including any exclusion forms or other requests from the Settlement Class request received after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;; and (c) Provide weekly reports to Class Counsel and Defendants’ NRG’s Counsel, including including, without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the current number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available requests for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, exclusion and any correspondence received by the Settlement Administrator at any time upon reasonable noticeobjections received. 5.2. 6.3 The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud abuse or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing informationfraud. The Only Claim Forms received from Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based Class Members reflected on the information provided in the Claim Form. The validation of all Claim Forms Class List may be verified by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that datebecome Approved Claims. 5.3. Defendants 6.4 Both NRG’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers within fourteen (14) days of receiving the Claim Forms from the Settlement Administrator pursuant to paragraph 6.2(a) above. All challenges will be presented Any dispute as to a Claim Form, including without limitation any disagreement regarding a challenge to the Special Master who will make validity of a binding Claim Form, shall be resolved by agreement of the Parties or, if the Parties cannot agree, by submission to Magistrate Judge Xxxxxxx for determination as prior to the number of calls received by each Settlement Class Member entitled Final Approval Hearing without further right to receive payment on account of an Approved Claim. To effectuate such challenge, appeal the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty issue. 6.5 Within seven (307) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of deadline for the number of calls entitled Parties to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit dispute a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged pursuant to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challengeparagraph 6.4 above, the Settlement Administrator shall notify each Settlement provide Class Member via emailCounsel and NRG’s Counsel with a list of all Approved Claims, telephone call or direct maila list of all Claim Forms subject to dispute, whichever is the most practical based on the information provided in the Claim Form, that (i) and a list of all Persons within the Settlement Class Member must who submitted a valid request for exclusion pursuant to paragraph 5.4 above. Class Counsel shall file these lists with the Court as part of the motion in support of final approval of the Settlement and entry of Final Judgment. 6.6 In the exercise of their duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Person within the Settlement Class. 6.7 Within fourteen (14) days of the Effective Date, the Settlement Administrator shall provide Class Counsel and NRG’s Counsel with notice of the final tally of Settlement Administration Expenses, which tally shall include any expenses necessary to cover remaining processes for administering the Settlement. Any dispute as to Settlement Administration Expenses shall be resolved by agreement of the Parties or, if the Parties cannot agree, by submission to Magistrate Judge Xxxxxxx without further right to appeal the issue, no later than thirty days (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with after the Special Master where Effective Date. The Settlement Administrator may withdraw funds from the Settlement Class Member must testify Fund to pay the balance of Settlement Administration Expenses (a) if there is no dispute as to the basis for each separate call claimedSettlement Administration Expenses, no earlier than thirty-seven (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (18037) days after Final Judgmentthe Effective Date, or (b) if there is a dispute as to Settlement Administration Expenses, at such time as the Special Master Parties resolve the dispute by agreement or as Magistrate Judge Xxxxxxx decides the issue. Under no circumstances will make a determination regarding the claims under challengeNRG, including the number of calls received by NRG’s Counsel, Settlement Class Members, or Class Counsel be required to pay the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and Administrator any amounts other than those available from the Settlement Class Member will have an Approved Claim for oneFund. (1) call. If 6.8 The Parties agree to make their best efforts to ensure that the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number costs of calls for which Notice and administration of the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) callAgreement are as reasonable as possible.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ TD SYNNEX’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ TD SYNNEX’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by TD SYNNEX’s counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Provide Class Counsel and TD SYNNEX’s Counsel drafts of all administration-related documents, including but not limited to Defendants’ CounselNotices, follow-up class notices or communications with copies to Settlement Class CounselMembers, all documents and other materials received telephone scripts (if any) in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally a form approved or disallowed per the terms of the Settlement Agreement;by (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ TD SYNNEX’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ TD SYNNEX’s Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ TD SYNNEX’s Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class MemberMembers for whom Notice could not be successfully delivered; and (d) Make available for inspection by Class Counsel or Defendants’ TD SYNNEX’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Lead Class Counsel and Defendants’ Counsel Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each members of the Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with Defendant’s Counsel and Lead Class Counsel electronic copies to Class Counsel, of 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 for exclusion forms and other requests from Class Members to exclude themselves from the Settlement Class Agreement and promptly provide a copy of such requests to Lead Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports summaries to Lead Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms receivedreceived and the amount of benefits sought, the number determined to be rejected, thereof approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class Member; andAdministrator; (d) Make available for inspection by Lead Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, Forms and any correspondence supporting documentation received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Form 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants Both Defendant’s Counsel and the Lead Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement extent Defendant’s Counsel and Lead Class Members will have Counsel are not able to agree on the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall notify each Settlement thereafter follow the decision of the Magistrate Judge resulting from any such challenge. 5.4. Any Class Member via emailwho does not, telephone call or direct mailin accordance with the terms and conditions of this Agreement, whichever is the most practical based on the information provided in the Claim Form, that (i) seek exclusion from the Settlement Class Member must within thirty (30) days either submit supplemental documentation or timely file a Claim Form will not be entitled to prove each call claimed receive any cash award or schedule a telephonic hearing any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with the Special Master where the Settlement all Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless Members by all of the outcome terms of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challengethis Settlement Agreement, including the number terms of calls received by the Settlement Class Member (1) based on Judgment to be entered in the information already submittedAction and the releases provided for in the Agreement, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) callbarred from bringing any action against any of the Released Parties concerning the Released Claims.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.125. All agreed upon and reasonable Notice and Settlement Administration Costs will be paid from the Settlement Fund. 26. The Parties agree to solicit and did 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, in order to contain the administration costs while still providing effective notice to the Settlement Class Members. 27. The Settlement Administrator shall, under the supervision will provide written notice by United States First Class mail of the Court, administer the relief settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this 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 Notice Date to object to the 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 Counsel and Defendants’ Counsel upon request. 28. The Settlement Administrator shall also provide reports and other information notice via publication to the Court as extent such notice is deemed appropriate by the Court may requireSettlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances. 29. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel will cause the Notice Program to be effectuated in accordance with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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;Agreement 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 both Class Counsel and Defendant’s Counsel. The Parties shall reasonably cooperate with such requests. (b) Receive requests 30. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement Agreement and any additional processes agreed to by both Class Counsel and Defendant’s Counsel, subject to the Court’s supervision and direction as circumstances may require. 31. 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. 32. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for exclusion validity, timeliness, and other requests from completeness. 33. If, in the determination of the Settlement Administrator, the Settlement Class and promptly provide Member submits a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms timely but incomplete or other requests from the Settlement Class after the Objection/Exclusion Deadlineinadequately supported Claim Form, the Settlement Administrator shall promptly provide copies thereof to give the Settlement Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding Member notice of the number of Claim Forms received, the number determined to be rejected, the number of Approved Claimsdeficiencies, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator Member shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Defendant’s Counsel and Class Counsel. If the defect is not cured within the 21- Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but timely cured, shall be considered “Claimants.” 34. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Defendant, Class Counsel and Defendant’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement. Class Counsel or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Defendant’s Counsel may reasonably require. 35. Subject to the terms and conditions of this Settlement Agreement, forty-five (45) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or digital payment selected in consultation with the Settlement Administrator (collectively, “Claim Payment”) to each Claimant for their pro rata share of the Settlement Fund, in accordance with the following distribution procedures: a. The Settlement Administrator shall utilize the Net Settlement Fund to make all Cash Compensation payments as described in Paragraph 25. The amount of each Cash Compensation payment shall be calculated by dividing the Settlement Fund by the number of valid claims for Cash Compensation. 36. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to provide that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued. 37. To the extent any requested missing informationmonies remain in the Net Settlement Fund more than one hundred twenty (120) Days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who cashed or deposited their initial Claim Payments they received, provided that the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed by mutual agreement of the Parties and the Court. 38. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall notify only make one attempt to resend a Claim Check. 39. No portion of the claimant regarding the missing information via email, telephone call Net Settlement Fund shall revert or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days be repaid to Defendant after the Effective Date Date. Any residual funds remaining in the Net Settlement Fund, after all payments and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that distributions are eligible for payment. All challenges will be presented made pursuant to the Special Master who will make a binding determination as terms and conditions of this Agreement shall be distributed according to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowedprovisions outlined in Paragraph 37. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the monetary relief provided by this Settlement Agreement by processing Claim Forms and disbursing funds in a rational, responsive, cost effective, and timely manner, consistent with the terms of this Agreement. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the monetary relief provided by the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning claims, Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Settlement (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDeadline; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms and requests for exclusion and/or objections received. 5.2 All taxes and tax expenses, the number determined to if any, shall be rejected, the number of Approved Claims, and the number of calls to be timely paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures and reimbursed by Defendant pursuant to screen claims for abuse or fraud, including this Agreement and without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.further

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Defendants, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:, (a) Forward Provide Class Counsel and Defendants’ Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Defendants’ Counsel, with copies to website postings or language or other communications in a form approved by Class Counsel, all documents Counsel and other materials received in connection Defendants’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendants’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claimsclaims made, and the number of calls to be paid per Settlement Class Memberindividuals who are unsuccessfully delivered Notice; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Defendants, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Provide Class Counsel and Defendants’ Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Defendants’ Counsel, with copies to website postings or language or other communications in a form approved by Class Counsel, all documents Counsel and other materials received in connection Defendants’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendants’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and promptly other requests and provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;no later than three (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claimsclaims made, and the number of calls to be paid per Settlement Class Memberindividuals who are unsuccessfully delivered Notice; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:all (a) Forward to Defendants’ CounselProvide Class Counsel and Defendant’s Counsel with drafts of administration related documents, follow-up class notices or communications with copies to Settlement Class CounselMembers, all documents and telephone scripts, website postings or language or other materials received in connection communications with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (d) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form that does not contain all requested information necessary to screen submitted by a Settlement Class Member is an Approved Claim by determining if the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever Person is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator Class List 5.3 Defendant’s Counsel and Class Counsel shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to the Court for binding determination. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:as (a) Forward Provide Class Counsel and Spring-Fill Industries’ Counsel with drafts of all administration-related documents, including but not limited to DefendantsNotices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Spring-Fill Industries’ Counsel, with copies to website postings or language or other communications in a form approved by Class Counsel, all documents Counsel and other materials received in connection Spring-Fill Industries’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Spring-Fill Industries’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and DefendantsSpring-Fill Industries’ Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and DefendantsSpring-Fill Industries’ Counsel; (c) Provide weekly reports to Class Counsel and DefendantsSpring-Fill Industries’ Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class MemberMembers for whom Notice could not be successfully delivered; and (d) Make available for inspection by Class Counsel or DefendantsSpring-Fill Industries’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms and disbursing cash in the Cash Payment Fund and the Fandango at Home Vouchers in a rational, responsive, cost effective, and timely manner, consistent with the terms of this Agreement. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the compensatory relief provided by the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning claims, opt-outs, objections, Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class CounselCounsel (with the exception of the Class List), 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;connection (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms and requests for exclusion and/or objections received, the number determined to be rejected, the number of Approved Claims, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and. (de) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud5.2 Defendant, including without limitation, by cross-referencing the information provided on the Claim Form against the Class ListReleased Parties, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator Defendant’s Counsel shall reject a Claim Formhave no responsibility for, interest in, or liability whatsoever with respect to: (i) any part of a claim for a payment reflected thereinact, where there is evidence of abuse omission, or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud determination by Class Counsel, or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them or any of their respective designees or agents, in connection with the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days administration of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.otherwise;

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.131. On or after the Settlement Approval Hearing, the Plaintiffs will apply to the Court for approval of the Settlement Administration Plan. 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 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 Administration Plan will be made available to Class Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shallset out: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all documents the form and other materials received in connection with the administration procedure by which notice of the Settlement Agreement within thirty (30) days after shall be provided to the date on which all Claim Forms have been finally approved or disallowed per the terms Class Members, including notice of the Settlement Agreementlegal fees and expenses paid or payable to Class Counsel and the procedure by which Class Members can opt-out of the Settlement; (b) Receive requests the procedure by which Class Members can claim an entitlement under the Settlement; and (c) the procedure for exclusion the determination of eligible claims and other requests from the amount of those claims, and the subsequent payment of them. 32. The Court shall have complete discretion to either approve or amend the Settlement Class Administration Plan. The Settlement Administration Plan shall not form part of this Settlement Agreement and promptly the approval and/or the effect of this Settlement Agreement shall not be contingent on either the approval of the Settlement Administration Plan or the presentation of the Settlement Administration Plan at the Settlement Approval Hearing. 33. The Settling Defendants shall not have standing to make submissions regarding the Settlement Administration Plan. 34. The Settlement Fund shall be disbursed in accordance with the Settlement Administration Plan or as otherwise directed by the Court. 35. After the Effective Date of Settlement, in order to assist the Plaintiffs in the settlement administration, the Plaintiffs shall obtain a court order at their expense and which will not be opposed by the Settling Defendants, that authorizes Affinor to provide a copy any available list of such requests names and mailing addresses of the non-objecting beneficial owners of Affinor shares in its possession (the “NOBO lists”) that were prepared for Affinor’s 2018 and 2019 Annual General Meetings to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)Counsel. If no such NOBO lists are currently available, then Affinor will deliver a list of any available names and mailing addresses of the Settlement Administrator receives any exclusion forms or other requests from non- objecting beneficial owners of Affinor shares that was used for Affinor’s 2021 Annual General Meeting in its possession. In providing the Settlement Class after the Objection/Exclusion Deadlineinformation described above, the Settling Defendants make no representation or admission that the persons whose names and addresses appear on the list are Class Members, and make no representation as to the accuracy or completeness of the information. Inaccuracy in any such information shall not constitute a breach or violation of this Settlement Administrator Agreement. 36. Class Counsel, any Court-appointed notice provider and any Court-appointed claims administrator shall promptly provide copies thereof maintain the information provided in accordance with Paragraph 35 as confidential and may only use the information provided under Paragraph 35 for the purposes of: (a) facilitating the dissemination of the notices required to the class; (b) advising Class Counsel Members who purchased Affinor shares during the Class Period of any subsequent settlement agreement reached in the Proceedings, any related approval hearings, and Defendants’ Counselany other major steps in the Proceedings; (c) Provide weekly reports facilitating the claims administration process with respect to Class Counsel this Settlement Agreement and Defendants’ Counsel, including without limitation, reports regarding any other settlement agreement and/or Court award achieved in the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class MemberProceedings; and (d) Make available for inspection any other reason authorized by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable noticeCourt Order. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Defendants’ Counselnotices to attorneys general, class notices or communications with copies to Settlement Class CounselMembers, all documents and telephone scripts, website postings or language or other materials received in connection communications with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;a case by case basis; and (b) Receive objections and requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any objections, exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1The Settlement Administrator shall be responsible for Notice mailings to the Settlement Class Members; tracing undeliverable mailings; recording and tracking responses to the mailings to the Settlement Class Members; tracking and responding to any inquiries made by Settlement Class Members; establishing and maintaining a Settlement Fund and depositing the Settlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks for all Class Member Settlement Payments; withholding from each Class Member Settlement Payment, and disbursing to the IRS and other taxing authorities as applicable, the employee’s portion of payroll taxes and other applicable tax withholdings attributable to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executor, administrator, or next of kin, as appropriate; calculating, deducting, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions required or permitted by law; logging returned checks and making one attempt to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award payment, the Dues Payment, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable to the Class Member Settlement Payments. The Settlement Administrator shallwill amend the payments reported to the IRS if any Class Member Settlement Payments are not cashed. Any identifying personal information of Settlement Class Members and their data provided to or from the Settlement Administrator or to or from Defendants, under Class Counsel, Class Representatives, or the supervision Parties’ experts pursuant to this Agreement, including any “sensitive personal information” of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640, shall be used solely for the Courtpurposes of administering this Agreement and not for any other purpose. The Settlement Administrator, administer Defendants, Class Counsel, Class Representatives, and the relief provided Parties’ experts shall maintain all such information and data as private and strictly confidential and shall not disclose such data to any persons or entities (including government entities), except as required by this Agreement, by law, or by Court order. Notwithstanding the foregoing, the Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely mannerAdministrator may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreementmust agree to a nondisclosure and confidentiality agreement incorporating these obligations. 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 As to Class Counsel Member Settlement Payments, and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports the Second and other information to Third Distributions described in paragraphs 4.3(j)—(k), the Court as the Court may require. The Settlement Administrator shall provide Class Plaintiffs’ Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to data regarding each Settlement Class Member on account of Approved ClaimsMember’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Without limiting the foregoing, Plaintiffs will use best efforts to select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for any errors or omissions the Settlement Administrator shall: (a) Forward may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ Counsel, with copies to Class Counsel, all 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 for exclusion and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part ’ portions 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 taxes attributable to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Member Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowedPayments. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (d) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject a Claim Form any claim that does not contain all requested information necessary comply in any material respect with the instructions on the Claim Form or the terms of Paragraphs 1.2 and/or 1.3, above, or is submitted after the Claims Deadline. Subject to screen practical limitations to be determined by the claim for fraud or abuseSettlement Administrator in its sole discretion, after giving each claimant who submits an invalid Claim Form to the claimant Settlement Administrator shall be given a reasonable notice of the Claim Form’s deficiency and an opportunity of no greater than to cure the deficiency within twenty-one (21) days to provide any requested missing informationof the date of the notice. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Defendant’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers and to obtain and review supporting documentation relating to such Claim Form. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to the Xxxxxxxxx Xxxxx X. Wolfson of Xxxxxxxxxx Xxxxxxx for binding determination. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Calmark’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Calmark’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Calmark, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Provide Class Counsel and Xxxxxxx’s Counsel with drafts of all administration-related documents, including but not limited to Defendants’ Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Xxxxxxx’s Counsel, with copies to website postings or language or other communications in a form approved by Class Counsel, all documents Counsel and other materials received in connection Calmark’s Counsel 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;Class, at least five (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Calmark’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and DefendantsCalmark’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Xxxxxxx’s Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claimsclaims made, and the number of calls to be paid per Settlement Class Memberindividuals who are unsuccessfully delivered Notice; and (d) Make available for inspection by Class Counsel or Defendants’ Calmark’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and DefendantsTarget Graphics’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and DefendantsTarget Graphics’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Target Graphics, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, from the Settlement Administrator shall:Fund paid to (a) Forward Provide Class Counsel and Target Graphics’ Counsel with drafts of all administration-related documents, including but not limited to DefendantsNotices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Target Graphics’ Counsel, with copies to website postings or language or other communications in a form approved by Class Counsel, all documents Counsel and other materials received in connection Target Graphics’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Target Graphics’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and DefendantsTarget Graphics’ Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and DefendantsTarget Graphics’ Counsel; (c) Provide weekly reports to Class Counsel and DefendantsTarget Graphics’ Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claimsclaims made, and the number of calls to be paid per Settlement Class Memberindividuals who are unsuccessfully delivered Notice; and (d) Make available for inspection by Class Counsel or DefendantsTarget Graphics’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:its (a) Forward Provide Class Counsel and Xxxxxx’x Counsel with drafts of all administration-related documents, including but not limited to Defendants’ Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Xxxxxx’x Counsel, with copies to website postings or language or other communications in a form approved by Class Counsel, all documents Counsel and other materials received in connection Xxxxxx’x Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Xxxxxx’x Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Xxxxxx’x Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Xxxxxx’x Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Xxxxxx’x Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claimsclaims made, and the number of calls to be paid per Settlement Class Memberindividuals who are unsuccessfully delivered Notice; and (d) Make available for inspection by Class Counsel or Defendants’ Xxxxxx’x Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by providing Notice and processing Claim Forms in a rational, responsivereasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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) a. Receive requests for exclusion and other requests to be excluded from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for submission of such forms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (c) b. Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, received and the number determined to be categorization and description of Claim Forms rejected, in whole or in part, by the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; andAdministrator; (d) c. Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice.; and 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud, including by cross-referencing Approved Claims with the Class Notice List. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Class Member is an Approved Claim and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a person submits a timely Claim Form by the Claims Deadline but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such person reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing , which information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms must be received by the Settlement Administrator shall occur no later than by the Claims Deadline, or fourteen (14) days after the Effective Date and Settlement Administrator sends the email or regular mail notice to the Settlement Class Member regarding the deficiencies in the Claim Form, whichever is later. In the event the Settlement Administrator receives such information after the deadline set forth in this subsection, then any such claim shall give notice of such validation be denied. The Settlement Administrator may contact any person who has submitted a Claim Form to counsel on that date. 5.3obtain additional information necessary to verify the Claim Form. Defendants Class Counsel and the Class Representatives will Defendant’s Counsel shall both have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement a Class Member that are eligible for paymentby the Settlement Administrator. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any joint decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement any disputed submitted Claim Form. Where Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice Counsel and Defendant’s Counsel disagree as to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event validity of a challengesubmitted Claim Form, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is will resolve the most practical based on dispute and the information provided Claim Form will be treated in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received manner designated by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) callAdministrator.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.125. All agreed upon and reasonable Notice and Settlement Administration Costs will be paid from the Settlement Fund. 26. The Parties agree to solicit and did 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, in order to contain the administration costs while still providing effective notice to the Settlement Class Members. 27. The Settlement Administrator shall, under the supervision will provide written notice by United States First Class mail of the Court, administer the relief settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this 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 thirty (30) Days from the Notice Date to object to the 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 Counsel and Defendants’ Counsel upon request. 28. The Settlement Administrator shall also provide reports and other information notice via publication to the Court as extent such notice is deemed appropriate by the Court may requireSettlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances. 29. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel will cause the Notice Program to be effectuated in accordance with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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;Agreement 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 both Class Counsel and Defendant’s Counsel. The Parties shall reasonably cooperate with such requests. (b) Receive requests 30. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement Agreement and any additional processes agreed to by both Class Counsel and Defendant’s Counsel, subject to the Court’s supervision and direction as circumstances may require. 31. 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 Claims Deadline. 32. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for exclusion validity, timeliness, and other requests from completeness. 33. If, in the determination of the Settlement Administrator, the Settlement Class and promptly provide Member submits a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms timely but incomplete or other requests from the Settlement Class after the Objection/Exclusion Deadlineinadequately supported Claim Form, the Settlement Administrator shall promptly provide copies thereof to give the Settlement Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding Member notice of the number of Claim Forms received, the number determined to be rejected, the number of Approved Claimsdeficiencies, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator Member shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Defendant’s Counsel and Class Counsel. If the defect is not cured within the 21- Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but timely cured, shall be considered “Claimants.” 34. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Defendant, Class Counsel and Defendant’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement. Class Counsel or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Defendant’s Counsel may reasonably require. 35. Subject to the terms and conditions of this Settlement Agreement, forty-five (45) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or digital payment selected in consultation with the Settlement Administrator (collectively, “Claim Payment”) to each Claimant for their pro rata share of the Settlement Fund, in accordance with the following distribution procedures: a. The Settlement Administrator shall utilize the Net Settlement Fund to make all Cash Compensation payments as described in Paragraph 25. The amount of each Cash Compensation payment shall be calculated by dividing the Settlement Fund by the number of valid claims for Cash Compensation. 36. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to provide that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued. 37. To the extent any requested missing informationmonies remain in the Net Settlement Fund more than one hundred twenty (120) Days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who cashed or deposited their initial Claim Payments they received, provided that the average payment amount is equal to or greater than Three Dollars and Zero Cents ($3.00). The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed by mutual agreement of the Parties and the Court. 38. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall notify only make one attempt to resend a Claim Check. 39. No portion of the claimant regarding the missing information via email, telephone call Net Settlement Fund shall revert or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days be repaid to Defendant after the Effective Date Date. Any residual funds remaining in the Net Settlement Fund, after all payments and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that distributions are eligible for payment. All challenges will be presented made pursuant to the Special Master who will make a binding determination as terms and conditions of this Agreement shall be distributed according to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowedprovisions outlined in Paragraph 37. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1. 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 under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law law, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”), and in accordance with its normal business practices and such records will be made available to Class Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementObjection/Exclusion Deadline; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to, class notices or communications with Settlement Class Members, telephone scripts, website postings or language, or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis; and (c) Receive objections and requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any objections, exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. The Settlement Administrator shall, shall administer the Settlement under the supervision of the Court, Court and shall administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely mannerAgreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records Agreement and as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendants’ Counsel and/or Chandon’s counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel and/or Chandon’s counsel with information concerning Notice, administration, Notice and administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Administrator shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Obtain from Chandon or elsewhere the name, email, and mailing address information for Settlement Class Members (to Defendants’ Counselthe extent available), with copies and verify and update the addresses received, for the purpose of sending the Notice to Settlement Class Counsel, all 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 AgreementMembers; (b) Receive requests for exclusion requests, objections, and other requests from the Settlement Class and promptly provide a copy of such requests materials to Class Counsel and Defendants’ Counsel Chandon’s counsel upon receipt (“the Opt-Out List”)receipt. If the Settlement Administrator receives any exclusion forms requests, objections, or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counselto Chandon’s counsel; (c) Establish and maintain the settlement website; (d) Respond to any Settlement Class Member inquiries by mail, e-mail or telephone; (e) Upon receipt of a Settlement Class Member’s dispute as to his/her qualifying purchases, the Settlement Administrator shall promptly notify and provide a copy of the dispute to Class Counsel and Chandon’s Counsel. (f) Provide weekly reports to Class Counsel and Defendants’ Chandon’s Counsel, including without limitation, reports regarding the number of Claim Forms opt-outs and objections received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and; (dg) Make available for inspection by Class Counsel or Defendants’ and/or Chandon’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence from a Settlement Class Member received by the Settlement Administrator at any time upon reasonable notice.; and 5.2. The Settlement Administrator shall employ reasonable procedures (h) Oversee the distribution of the Vouchers to screen claims for abuse or fraudthe class, including without limitation, by cross-referencing obtaining the information provided on relating to the Claim Form against total amount of the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members’ Club Chandon Purchases during the relevant period, for the purpose of overseeing distribution of the Vouchers. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no No later than fourteen thirty (1430) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challengeDate, the Settlement Administrator shall notify send one or more Vouchers, as described in Paragraph 2.2, to each Settlement Class Member via emailwho did not opt out. For those Settlement Class Members who the Settlement Administrator determines have valid e-mail addresses, the Settlement Administrator shall send the Voucher(s) by e-mail. For those Settlement Class Members who the Settlement Administrator determines do not have valid e-mail addresses, or for whom the e-mailed Voucher(s) is undeliverable, the Settlement Administrator shall send the Voucher(s) by U.S. Mail. 5.2. In the exercise of its duties outlined in this Settlement Agreement, the Settlement Administrator shall have the right to reasonably request additional information from any Settlement Class Member. 5.3. The Final Approval Hearing shall be set for a date no less than seventy-five (75) days after the Notice described in Paragraph 4.2(a) is disseminated. 5.4. The Settlement Administrator, Chandon, and Class Counsel shall keep the Class List and all personal information regarding Settlement Class Members, including the identity, telephone call or direct mailnumbers, whichever is the most practical based on the information provided in the Claim Formemail addresses, that (i) and U.S. mailing addresses of the Settlement Class Member must within thirty (30) days either submit supplemental documentation Members strictly confidential in accordance with applicable law and confidentiality agreements that they shall execute or have already executed. The Parties agree that any and all information provided by Chandon about its customers pursuant to prove each call claimed this Settlement Agreement, including without limitation the Class List, may not be used for any purpose other than effectuating the terms of this Settlement Agreement or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as duties or obligations arising hereunder. 5.5. Notwithstanding anything to the basis for each separate call claimedcontrary in this Settlement Agreement, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgmentshall Plaintiff or Class Counsel be entitled to receive, nor shall the Settlement Administrator provide to either of them, the Special Master will make a determination name, identity, telephone number, e-mail address, address, or other identifying information regarding the claims under challenge, including the number of calls received by the any purported class member or Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as except to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and extent of providing copies of materials that such individual has affirmatively provided to the Settlement Class Member will have an Approved Claim for one (1) call. If Administrator or the challenged Settlement Class Member does timely submit the supplemental documentation Court, such as a letter, exclusion request, or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) callobjection.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDeadline; (b) Receive requests for exclusion Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other requests from communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis; (c) Receive Claim Forms from Unidentified Class Members and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)Defendant’s counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class Claim Forms after the Objection/Exclusion Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests 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; (e) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available requests for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they exclusion and/or objections received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and DefendantsBell Flavors and Fragrances’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and DefendantsBell Flavors and Fragrances’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration, objections, exclusions, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:this Settlement (a) Forward Provide Class Counsel and Bell Flavors and Fragrances’ Counsel with drafts of all administration-related documents, including but not limited to DefendantsNotices, follow-up class notices or communications with Settlement Class Members, website postings or language or other communications in a form approved by Class Counsel and Bell Flavors and FragrancesCounsel, with copies to Class Counsel, all documents and other materials received in connection Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Bell Flavors and Fragrances’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and DefendantsBell Flavors and Fragrances’ Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and DefendantsBell Flavors and Fragrances’ Counsel; (c) Provide weekly reports to Class Counsel and DefendantsBell Flavors and Fragrances’ Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class MemberMembers for whom Notice could not be successfully delivered; and (d) Make available for inspection by Class Counsel or DefendantsBell Flavors and Fragrances’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:, (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDeadline; (b) Receive requests for exclusion Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other requests from communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis; (c) Receive Claim Forms from Unidentified Class Members and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)Defendant’s counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class Claim Forms after the Objection/Exclusion Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests 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; (e) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available requests for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they exclusion and/or objections received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Receive requests for exclusion Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other requests from communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis; (c) Receive Claim Forms from Unidentified Class Members and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)Defendant’s counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class Claim Forms after the Objection/Exclusion Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such (e) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (df) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such Person one (1) reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Defendant’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each an Unidentified Settlement Class Member that are eligible Member, as well as any request for paymentexclusion. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form or request for exclusion. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to The Xxxxxxxxx Xxxxx X. Holderman (Xxx.) of JAMS Chicago for a binding determination. Judge Xxxxxxxxx will charge his JAMS hourly rate for providing such services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each have the right to reasonably request additional information from the Parties or any Settlement Class Member via emailMember. 5.5 Defendant, telephone call the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or direct mail, whichever is the most practical based on the information provided in the Claim Form, that liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed Administrator, or schedule a telephonic hearing any of their respective designees or agents, in connection with the Special Master where administration of the Settlement Class Member must testify as to the basis for each separate call claimed, or otherwise; (ii) the management, investment, or distribution of the Settlement Class Member has the burden of proving the specific number of calls received, and Fund; (iii) that the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Class Member will still receive a Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment on account or withholding of an Approved Claim regardless any Taxes, Tax Expenses, or costs 5.6 All taxes and tax expenses shall be paid out of the outcome of the challenge. Following the Claims DeadlineSettlement Fund, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received and shall be timely paid by the Settlement Class Member Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (1as well as the election set forth therein) based shall be consistent with this Agreement and in all events shall reflect that all taxes on the information already submitted, and (2) income earned by requiring additional information in the form Settlement Fund shall be paid out of (i) either supplemental documentation to prove each call claimed the Settlement Fund as provided herein. The Released Parties shall have no responsibility or testimony before liability for the Special Master as acts or omissions of the Settlement Administrator or its agents with respect to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation payment of taxes or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) calltax expenses.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 7.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms completing its duties in a rational, reasonable, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under the Settlement and this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by the Court and applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Noticepractices, administrationincluding, and implementation but not limited to, a summary of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report an accounting of all amounts paid from the Settlement Fund to each Settlement Class Member on account of Approved ClaimsMembers. Such records shall be provided to Class Counsel and Defendant’s Counsel upon reasonable request. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counselshall receive objections and Requests for Exclusion forms, with and upon such receipt shall promptly provide copies of such objections and Requests for Exclusion forms to Class Counsel and Defendant’s Counsel, . 7.2 The Settlement Administrator shall be responsible for all documents and other materials received in connection with matters relating to the administration of this Settlement, including, but not limited to: a. Performing a reverse append on the Class List; b. Preparing and completing Class Notice; c. Obtaining complete email and address information for Settlement Class Members, including new addresses for any returned Class Notice, Cash Benefits, or any other documents; d. Creating, operating, maintaining, and hosting a Settlement Website, from which Settlement Class Members can access copies of the Complaint, this Agreement, Class Notice, the Preliminary Approval Order, and other pertinent documents, materials, and information about this Settlement; e. Acting as a liaison between Settlement Class Members and the Parties; f. Issuing Cash Benefits; g. Preparing and providing a declaration to Class Counsel and Defendant’s Counsel prior to the submission of the Plaintiff’s Motion for Final Approval of the Class Action Settlement: (i) attesting to its compliance with the provisions of this Settlement Agreement concerning Class Notice; and (ii) listing each Settlement Class Member who timely and validly submitted a Request for Exclusion opting out 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 as described in Section 12 of the this Settlement Agreement; (b) Receive requests for exclusion and h. Maintaining a toll-free number with IVR service; i. Assist in providing supplemental notice if ordered by the Court or agreed by the Parties; and j. Performing any other requests from tasks reasonably required to effectuate the Settlement Class and promptly provide a copy this Agreement, including, but not limited to, all responsibilities, obligations, and tasks referenced in any Section of such requests to Class Counsel and Defendants’ Counsel upon receipt (“this Agreement. 7.3 In the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlineexercise of its duties outlined in this Agreement, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge reasonably request additional information from the number of calls received by each Parties or any Settlement Class Member that are eligible for payment. All challenges will be presented as it relates to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowedSettlement. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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, consistent with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (de) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. If a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such Person one (1) reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. If the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Defendant’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to Xxxx Xxxxxxx, Esq. of Judicate West. Xx. Xxxxxxx will charge the Judicate West hourly rate for providing such services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1Class Counsel has selected American Legal Claims Services, LLC as the Settlement Administrator. The Settlement Administrator shall, under Administrator’s costs associated with the supervision administration of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely mannershall be paid from the Gross Settlement Fund. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain be responsible for handling class noticing and 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation aspects of the administration of the distribution of the Gross Settlement Agreement. Should the Court requestFund, the Partiesincluding, in conjunction with the Settlement Administratorbut not limited to, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward the formation of a qualified settlement fund (the “Qualified Settlement Fund”) as authorized by Treasury Regulation 1.486B-1(c) to Defendants’ accept, distribute, and otherwise administer the Settlement, including wiring Class Counsel, with copies ’s Fees and Class Counsel’s Expenses to Class Counsel, all documents and other materials received in connection with the administration of according to such wiring instructions that The Xxxxxxx Firm, PC will provide to 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; Administrator; (b) Receive requests the determination of the Tax and Withholding Amounts for exclusion each Class member based on the pre-tax amounts shown on Schedule 1, as well as the determination of the amount of all applicable employer tax contributions, including, without limitation, the employer’s share of FICA/Medicare tax and other requests from the Settlement Class any federal and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt state unemployment tax due (“the Opt-Out ListEmployer Portions”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; ; (c) Provide weekly reports the preparation and mailing of settlement checks to each Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Membermember who does not Opt-out (as defined herein); and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim withholding, transmittal, and reporting of the Tax and Withholding Amounts and all payroll taxes, and preparing and mailing of all W-2 Forms and/or 1099 Forms, any documentation or other evidence submitted in support thereofwhere applicable, and any correspondence received by (e) the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraudprocessing of returned settlement checks as undeliverable, including without limitation, by crossre-referencing the information provided on the Claim Form against the Class List, mailing to forwarding addresses and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part tracing 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. current addresses The Settlement Administrator shall notify Defendant’s counsel, in writing, of the claimant regarding payment amount necessary to satisfy the missing information via emailEmployer Portions, telephone call or direct mail, whichever is as well as the most practical based on computation thereof. Defendant shall wire the information provided in Employer Portions to the Claim FormQualified Settlement Fund simultaneously with the payment of the Gross Settlement Fund. The validation of all Claim Forms Class members’ settlement distributions shall be included under the Class member’s name and social security number on a W-2 Form and any applicable state or local tax form to be distributed by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that dateAdministrator. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:submitted by (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Receive requests for exclusion Provide Class Counsel and other requests from the Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings (c) Receive Claim Forms from Unidentified Class Members and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)Defendant’s counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class Claim Forms after the Objection/Exclusion Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests 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 and await guidance from Counsel as to treatment thereof; (e) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (df) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator submitted by a 5.3 Defendant’s Counsel and Class Counsel shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each an Unidentified Settlement Class Member that are eligible Member, as well as any request for paymentexclusion. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form or request for exclusion. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to The Xxxxxxxxx Xxxxxx X. Rosen (Xxx.) of JAMS Detroit for a binding determination. Judge Xxxxx will charge his JAMS hourly rate for providing such services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each have the right to reasonably request additional information from the Parties or any Settlement Class Member via emailMember. 5.5 Defendant, telephone call the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or direct mail, whichever is the most practical based on the information provided in the Claim Form, that liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed Administrator, or schedule a telephonic hearing any of their respective designees or agents, in connection with the Special Master where administration of the Settlement Class Member must testify as to the basis for each separate call claimed, or otherwise; (ii) the management, investment, or distribution of the Settlement Class Member has the burden of proving the specific number of calls received, and Fund; (iii) that the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Class Member will still receive a Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment on account or withholding of an Approved Claim regardless any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the outcome Settlement Fund or the filing of any federal, state, or local returns. 5.6 All taxes and tax expenses shall be paid out of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received Settlement Fund and shall be timely paid by the Settlement Class Member Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (1as well as the election set forth therein) based shall be consistent with this Agreement and in all events shall reflect that all taxes on the information already submitted, and (2) income earned by requiring additional information in the form Settlement Fund shall be paid out of (i) either supplemental documentation to prove each call claimed the Settlement Fund as provided herein. The Released Parties shall have no responsibility or testimony before liability for the Special Master as acts or omissions of the Settlement Administrator or its agents with respect to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation payment of taxes or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) calltax expenses.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“copies thereof, along with a weekly report of the Opt-Out List”)number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ CounselDefendant’s Counsel and await guidance from Counsel as to treatment thereof; (cd) Provide weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (de) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such Person one (1) reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Defendant’s Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each a Settlement Class Member that are eligible Member, as well as any request for paymentexclusion. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form or request for exclusion. To effectuate such challenge, the party making extent Class Counsel and Defendant’s Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to Mediator Xxxx Xxxxxxx, Esq. of Judicate West for a binding determination. Mediator Xxxxxxx will charge her Judicate West hourly rate for providing such services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each have the right to reasonably request additional information from the Parties or any Settlement Class Member via emailMember. 5.5 Defendant, telephone call the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or direct mail, whichever is the most practical based on the information provided in the Claim Form, that liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed Administrator, or schedule a telephonic hearing any of their respective designees or agents, in connection with the Special Master where administration of the Settlement Class Member must testify as to the basis for each separate call claimed, or otherwise; (ii) the management, investment, or distribution of the Settlement Class Member has the burden of proving the specific number of calls received, and Fund; (iii) that the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Class Member will still receive a Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment on account or withholding of an Approved Claim regardless any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the outcome Settlement Fund or the filing of any federal, state, or local returns. 5.6 All taxes and tax expenses shall be paid out of the challenge. Following the Claims DeadlineSettlement Fund, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received and shall be timely paid by the Settlement Class Member Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (1as well as the election set forth therein) based shall be consistent with this Agreement and in all events shall reflect that all taxes on the information already submitted, and (2) income earned by requiring additional information in the form Settlement Fund shall be paid out of (i) either supplemental documentation to prove each call claimed the Settlement Fund as provided herein. The Released Parties shall have no responsibility or testimony before liability for the Special Master as acts or omissions of the Settlement Administrator or its agents with respect to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation payment of taxes or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) calltax expenses.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms payments in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms payments have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts in a form approved by Class Counsel and Defendant’s Counsel, website postings or language or other communications in a form approved by Class Counsel and Defendant’s Counsel with the Settlement Class, at least five (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“copies thereof, along with a weekly report of the Opt-Out List”)number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ CounselDefendant’s Counsel and await guidance from Counsel as to treatment thereof; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each have the right to reasonably request additional information from the Parties or any Settlement Class Member via emailMember. 5.3 Defendant, telephone call the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or direct mail, whichever is the most practical based on the information provided in the Claim Form, that liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed Administrator, or schedule a telephonic hearing any of their respective designees or agents, in connection with the Special Master where administration of the Settlement Class Member must testify as to the basis for each separate call claimed, or otherwise; (ii) the management, investment, or distribution of the Settlement Class Member has the burden of proving the specific number of calls received, and Fund; (iii) that the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation 5.4 All taxes and tax expenses shall be paid out of the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims DeadlineFund, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received and shall be timely paid by the Settlement Class Member Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (1as well as the election set forth therein) based shall be consistent with this Agreement and in all events shall reflect that all taxes on the information already submitted, and (2) income earned by requiring additional information in the form Settlement Fund shall be paid out of (i) either supplemental documentation to prove each call claimed the Settlement Fund as provided herein. The Released Parties shall have no responsibility or testimony before liability for the Special Master as acts or omissions of the Settlement Administrator or its agents with respect to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation payment of taxes or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) calltax expenses.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant's Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant's Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant's Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant's Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;the (c) Provide bi-weekly reports to Class Counsel and Defendants’ Defendant's Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (d) Make available for inspection by Class Counsel or Defendants’ Defendant's Counsel the Claim FormsForms received, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable noticeincluding summary reports of Claim Forms received. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject a Claim Form any claim that does not contain all requested information necessary comply in any material respect with the instructions on the Claim Form or the terms of Paragraphs 1.2 and/or 1.3, above, or is submitted after the Claims Deadline. Each claimant who submits an invalid Claim Form to screen the claim for fraud or abuse, after giving Settlement Administrator must be given a notice of the claimant a reasonable Claim Form's deficiency and an opportunity of no greater than to cure the deficiency within twenty-one (21) days to provide any requested missing informationof the date of the notice. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Defendant's Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers and to obtain and review supporting documentation relating to such Claim Form. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant's Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master extent Class Counsel and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed.Defendant's 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.4 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Dart Casting, Inc.’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Dart Casting, Inc.’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Dart Casting, Inc.’s counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:from the (a) Forward Provide Class Counsel and Dart Casting, Inc.’s Counsel with drafts of all administration-related documents, including but not limited to Defendants’ Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Dart Casting, Inc.’s Counsel, with copies to website postings or language or other communications in a form approved by Class CounselCounsel and Dart Casting, all documents and other materials received in connection Inc.’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Dart Casting, Inc.’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Dart Casting, Inc.’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Dart Casting, Inc.’s Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Dart Casting, Inc.’s Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class MemberMembers for whom Notice could not be successfully delivered; and (d) Make available for inspection by Class Counsel or Defendants’ Dart Casting, Inc.’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Platinum Converting’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Platinum Converting’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Platinum Converting, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Provide Class Counsel and Platinum Converting’s Counsel with drafts of all administration-related documents, including but not limited to Defendants’ Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Platinum Converting’s Counsel, with copies to website postings or language or other communications in a form approved by Class Counsel, all documents Counsel and other materials received in connection Platinum Converting’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Platinum Converting’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Platinum Converting’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and DefendantsPlatinum Converting’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Platinum Converting’s Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claimsclaims made, and the number of calls to be paid per Settlement Class Memberindividuals who are unsuccessfully delivered Notice; and (d) Make available for inspection by Class Counsel or Defendants’ Platinum Converting’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementObjection/Exclusion Deadline; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. The Settlement Administrator shallshall provide Notice to the Settlement Class Members as described in Section 4, under the supervision of the Court, and create and administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely mannerWebsite. 5.2. The Settlement Administrator shall maintain receive and review Claim Forms submitted electronically. The Settlement Administrator shall also receive and review opt out requests and all other forms and requests, and promptly provide to Class Counsel and Defendant’s Counsel copies of such forms and requests. 5.3. The Settlement Administrator shall provide weekly reports to Class Counsel and Defendant’s Counsel regarding the number of Claim Forms received and the number of Approved Claim Forms. 5.4. The Settlement Administrator shall keep reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator associated with the Agreement and shall maintain all such records as are required by applicable law and in accordance with its normal reasonable business practices and such practices. Such records will shall be made available to Class Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator , and shall also provide reports and other information be provided to the Court as the Court may requireif so required. 5.5. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, Notice and implementation administration of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 for exclusion and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.25.6. The Settlement Administrator shall employ reasonable procedures determine whether any Claim Form submitted is an Approved Claim Form and shall reject any Claim Form that fails to screen claims for abuse or fraud, including without limitation, by cross-referencing (i) comply with the information provided instructions on the Claim Form against or terms of the Agreement, or (ii) provide full and complete information as requested on the Claim Form. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form. 5.7. Class List, Counsel and by reviewing Defendant’s Counsel shall have the evidentiary proof submitted by Settlement Class Membersright to challenge any acceptance or denial of a Claim Form. The Settlement Administrator shall reject a Claim Form, or follow any part agreed decisions 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date Class Counsel and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination Defendant’s Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all any disputed Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5Form. In the event of that Class Counsel and Defendant’s Counsel cannot agree regarding a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the disputed Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely Parties may submit the supplemental documentation or testify issue to mediation before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number Xxxxxx Xxxxx of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) callJAMS.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:, (a) Forward to Defendants’ Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel; (c) Provide bi-weekly reports to Class Counsel and Defendants’ Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class Member; andAdministrator; (d) Make available for inspection by Class Counsel or Defendants’ Defendant’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice.; 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant submitted by a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of and shall reject Claim Forms that fail to (a) comply with the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based instructions on the information already submittedClaim Form or the terms of this Agreement, and or (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.b)

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. The Settlement Administrator shall, under the supervision of Subject to approval by 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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Class Counsel, all 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 for exclusion and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof be responsible for mailing the Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; reporting on the status of the claims administration to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports counsel for the Parties; sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the number of Claim Forms receivedarbitration election forms, the number determined to be rejectedaccompanying Amendments and Arbitration Agreements, the number of Approved ClaimsBuy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the number of calls Parties may direct. Within seven (7) days after the Court’s Preliminary Approval, Defendants will provide to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or frauda database listing of the names, including without limitationlast known addresses, dates contracted by cross-referencing the information provided on the Claim Form against the Class ListFlowers/Oxford as distributors during a Covered Period, and by reviewing social security numbers or dates of birth of the evidentiary proof submitted by Settlement Named Plaintiffs, FLSA Collective Members, and Class Members. The Settlement Administrator shall reject will perform the following functions in accordance with the terms of this Settlement Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a Claim Formreasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Members or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The FLSA Collective Members whose Settlement Notices have been returned to the Settlement Administrator shall also reject as undeliverable along with a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms report indicating steps taken by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date to locate updated address information for such Class Members and FLSA Collective Members and to resend the Settlement Administrator shall give notice of such validation Notices, and/or whose Settlement Notices have been forwarded to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received updated address by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.United States Postal Service;

Appears in 1 contract

Samples: Class and Collective Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Nuestro Queso’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Nuestro Queso’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed report, prepared by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Counsel and/or the (a) Forward Provide Class Counsel and Nuestro Queso’s Counsel with drafts of all administration-related documents, including but not limited to Defendants’ Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Nuestro Queso’s Counsel, with copies to website postings or language or other communications in a form approved by Class Counsel, all documents Counsel and other materials received in connection Nuestro Queso’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Nuestro Queso’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis; (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Nuestro Queso’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Nuestro Queso’s Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Nuestro Queso’s Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class MemberMembers for whom Notice could not be successfully delivered; and (d) Make available for inspection by Class Counsel or Defendants’ Nuestro Queso’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ MRT Sureway, Inc.’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ MRT Sureway, Inc.’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by MRT Sureway, Inc.’s Counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Provide Class Counsel and MRT Sureway, Inc.’s Counsel with drafts of all administration-related documents, including but not limited to Defendants’ Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and MRT Sureway, Inc.’s Counsel, with copies to website postings or language or other communications in a form approved by Class CounselCounsel and MRT Sureway, all documents and other materials received in connection Inc.’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved Administrator is required to or disallowed per the terms of the Settlement Agreement;intends (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ MRT Sureway, Inc.’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ MRT Sureway, Inc.’s Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ MRT Sureway, Inc.’s Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class MemberMembers for whom Notice could not be successfully delivered; and (d) Make available for inspection by Class Counsel or Defendants’ MRT Sureway, Inc.’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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, consistent with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities 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 Counsel and Defendants’ Defendant's Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Defendant's Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the (a) Forward to Defendants’ Defendant's Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Provide Class Counsel and Defendant's Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant's Counsel agree to waive this requirement in writing on a case by case basis; (c) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant's Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant's Counsel; (cd) Provide weekly reports to Class Counsel and Defendants’ Defendant's Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (de) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice.Defendant's Counsel 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. If a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such Person one (1) reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. If the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall notify the claimant regarding the missing may contact any Person who has submitted a Claim Form to obtain additional information via email, telephone call or direct mail, whichever is the most practical based on the information provided in necessary to verify the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants 5.3 Defendant's Counsel and the Class Representatives will Counsel shall have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant's Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making extent Class Counsel and Defendant's Counsel are not able to agree on the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the disputed claim shall be submitted to Xxxx Xxxxxxx, Esq. of Judicate West. Xx. Xxxxxxx will charge the Judicate West hourly rate for providing such services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund. 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ XxXxxxx Metal’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ XxXxxxx Metal’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by XxXxxxx Metal, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward Provide Class Counsel and XxXxxxx Metal’s Counsel with drafts of all administration-related documents, including but not limited to Defendants’ CounselNotices, follow-up class notices or communications with copies to Settlement Class CounselMembers, all documents and other materials received telephone scripts (if any) in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally a form approved or disallowed per the terms of the Settlement Agreement;by (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ XxXxxxx Metal’s Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and DefendantsXxXxxxx Metal’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ XxXxxxx Metal’s Counsel, including without limitation, reports regarding the number of Claim Forms objections and exclusion requests received, the number determined to be rejected, the number of Approved Claimsclaims made, and the number of calls to be paid per Settlement Class Memberindividuals who are unsuccessfully delivered Notice; and (d) Make available for inspection by Class Counsel or Defendants’ XxXxxxx Metal’s Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. 5.2 In the event exercise of a challengeits duties outlined in this Agreement, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call have the right to reasonably request additional information from the Parties or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the any Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 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 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 Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Member Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ 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;Settlement, (b) Receive requests for exclusion and other requests to be excluded from the Settlement Class and other requests and promptly provide a copy of such requests to Class Counsel and Defendants’ Counsel upon receipt (“the Opt-Out List”)copies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, approved by the number of Approved ClaimsSettlement Administrator, and the number categorization and description of calls to be paid per Claim Forms rejected, in whole or in part, by the Settlement Class MemberAdministrator; and (d) Make available for inspection by Class Counsel or Defendants’ Defendants Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the fraud and deny Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the claimant a Settlement Administrator shall give such Person one (1) reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing , which information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms must be received by the Settlement Administrator shall occur no later than fourteen thirty (1430) calendar days after the Effective Date Claims Deadline. In the event the 5.3 Defendants’ Counsel and the Settlement Administrator Class Counsel shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge the number acceptance or rejection of calls received a Claim Form submitted by each Settlement Class Member that are eligible for paymentMembers. All challenges will be presented to the Special Master who will make a binding determination The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendants’ Counsel as to the number validity of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claimany disputed submitted Claim Form. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master extent Class Counsel and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have Counsel are not able to agree on the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event disposition of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge disputed claim shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as submitted to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.Xxxxx X.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Administration. 5.1. 7.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms completing its duties in a rational, reasonable, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under the Settlement and this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by the Court and applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with information concerning Noticepractices, administrationincluding, and implementation but not limited to, a summary of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report an accounting of all amounts paid from the Settlement Fund to each Settlement Class Member on account of Approved ClaimsMembers. Such records shall be provided to Class Counsel and Defendant’s Counsel upon reasonable request. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counselshall receive objections and Requests for Exclusion forms, with copies to Class Counsel, all 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 for exclusion and other requests from the Settlement Class and upon such receipt shall promptly provide a copy copies of such requests objections and Requests for Exclusion forms to Class Counsel and Defendants’ Defendant’s Counsel. 7.2 The Settlement Administrator shall be responsible for all matters relating to the administration of this Settlement, including, but not limited to: a. Preparing and completing Class Notice; b. Obtaining complete address information for Settlement Class Members, including new addresses for any returned Class Notice, Benefit Checks, or any other documents; c. Creating, operating, maintaining, and hosting a Settlement Website, from which Settlement Class Members can access copies of the Complaint, this Agreement, Class Notice, the Preliminary Approval Order, and other pertinent documents, materials, and information about this Settlement; d. Acting as a liaison between Settlement Class Members and the Parties; e. Issuing and mailing Benefit Checks; f. Preparing and sending all notices required under CAFA; g. Preparing and providing a declaration to Class Counsel upon receipt and Defendant’s Counsel prior to the submission of the Plaintiff’s Motion for Final Approval of the Class Action Settlement: (i) attesting to the Opt-Out List”). If compliance of the provisions of this Settlement Agreement concerning Class Notice; and (ii) listing each Settlement Class Member who timely and validly submitted a Request for Exclusion opting out of the Settlement Administrator receives as described in Section 12 of this Settlement Agreement; and h. Performing any exclusion forms or other requests from tasks reasonably required to effectuate the Settlement Class after and this Agreement, including, but not limited to, all responsibilities, obligations, and tasks referenced in any Section of this Agreement. 7.3 In the Objection/Exclusion Deadlineexercise of its duties outlined in this Agreement, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (c) Provide weekly reports to Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number determined to be rejected, the number of Approved Claims, and the number of calls to be paid per Settlement Class Member; and (d) Make available for inspection by Class Counsel or Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and by reviewing the evidentiary proof submitted by Settlement Class Members. 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 the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than fourteen (14) days after the Effective Date and the Settlement Administrator shall give notice of such validation to counsel on that date. 5.3. Defendants and the Class Representatives will have the right to challenge reasonably request additional information from the number of calls received by each Parties or any Settlement Class Member that are eligible for payment. All challenges will be presented as it relates to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowedSettlement. 5.4. For Settlement Class Members that submit a Claim Form indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by Defendants’ challenges. All other Settlement Class Members will have the ultimate burden if their Claim Form is challenged to demonstrate the number of calls, greater than one (1), that they received. 5.5. In the event of a challenge, the Settlement Administrator shall notify each Settlement Class Member via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, that (i) the Settlement Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or schedule a telephonic hearing with the Special Master where the Settlement Class Member must testify as to the basis for each separate call claimed, (ii) the Settlement Class Member has the burden of proving the specific number of calls received, and (iii) that the Settlement Class Member will still receive a payment on account of an Approved Claim regardless of the outcome of the challenge. Following the Claims Deadline, but in no event later than one hundred eighty (180) days after Final Judgment, the Special Master will make a determination regarding the claims under challenge, including the number of calls received by the Settlement Class Member (1) based on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one (1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in his sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Class member will be permitted to recover for at least one (1) call.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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