Settlement Administrator Responsibilities. The Settlement Administrator’s duties shall include, but are not limited, to being solely and exclusively responsible for: (a) establishing a Settlement Fund and qualified settlement fund account, and determining and finalizing the calculations of the Individual Settlement Payments and tax withholding amounts for Plaintiffs and Class Members, as applicable; (b) preparing, printing and disseminating to Plaintiffs and Class Members the Notice Packet; (c) submitting the PAGA Payment to the State of California; (d) determining the potential Individual Settlement Payment for each Class Member and the Final Individual Settlement Payment for each Qualified Class Member in accordance with this Agreement; (e) wiring Plaintiffs’ Counsel’s attorneys’ fees, expenses, and costs and mailing the Enhancement Payment and Individual Settlement Payments in accordance with this Agreement and Order of the Court; (f) paying all payroll tax obligations in accordance with applicable law and this Agreement; (g) issuing W-2 and 1099 Forms for all amounts paid to Qualified Class Members, Plaintiffs, and Plaintiffs’ Counsel; (h) ascertaining current address and addressee information for each Notice Packet and check returned as undeliverable; (i) responding to inquiries of Plaintiffs’ Counsel or Vail’s Counsel; (j) promptly apprising counsel for the Settling Parties of the activities of the Settlement Administrator; (k) maintaining adequate records of its activities, including the date of the mailing of the Notice Packets and checks, returned mail and other communications and attempted written or electronic communications with Plaintiffs and Class Members; (l) collecting opt-out forms and informing Settling Parties of such Opt-Outs; (m) confirming in writing to Plaintiffs’ and Vail’s Counsel its completion of the administration of the settlement and retaining copies of all endorsed settlement checks; (n) timely responding to communications from the Settling Parties or their counsel; (o) maintaining the confidentiality of Vail’s data, including personal information of the Class Members; (p) setting up a cy pres fund; (q) sending out reminder notices; (r) discharging all of the duties described in Sections III.A.1-4 and III.H.4, and (s) such other tasks as called for by this Agreement or ordered by the Court.
Settlement Administrator Responsibilities. The Settlement Administrator shall be responsible for: (a) preparing, printing and disseminating to the Potential Claimants the Notice Packets and return envelopes and the Reminder Postcards; (b) determining and finalizing the calculations of the Individualized Settlement Awards and tax withholding amounts for the Named Plaintiffs and Qualified Claimants, as applicable; (c) copying counsel for all Settling Parties on material correspondence sent by Settlement Administrator and promptly notifying Plaintiffs’ Counsel of any material requests or communications made by any Potential Claimant or Qualified Claimant and received by Settlement Administrator, as applicable; (d) receiving and reviewing the Consent to Join Settlement, Release and Claim Forms submitted by Potential Claimants to determine eligibility for payment; (e) receiving and obtaining W-4 and W-9 information from all Qualified Claimants and determining the final Individualized Settlement Award for each Qualified Claimant in accordance with this Agreement; (f) mailing the settlement checks to the Qualified Claimants; (g) wiring Plaintiffs’ Counsel’s attorneys’ fees, costs and expenses, and mailing Service Awards and Individualized Settlement Awards in accordance with this Agreement and any Order of the Court; (h) in consultation with Liberty Mutual, withholding and paying all payroll tax obligations in accordance with this Agreement;
Settlement Administrator Responsibilities. In addition to establishing the Qualified Settlement Fund, the Settlement Administrator shall be responsible for the following: creating a plan of settlement administration and settlement fund distribution; using the Class Information to calculate each Class Member’s approximate Individual Settlement Payment and each PAGA Member’s Individual PAGA Payment; ascertaining the identity and whereabouts of the Class Members and mailing Notice of Class Action Settlement out to them; communicating with Class Members as necessary; printing and mailing the Notice of Class Action Settlement and tax forms to the Participating Class Members and PAGA Members; receiving and reporting requests for exclusion and objections; processing and mailing payments to Plaintiff, Class Counsel, Participating Class Members, the LWDA and PAGA Members; notifying the Parties of, and resolving any disputes regarding, the calculation of Participating Class Members’ Individual Settlement Payments or PAGA Members’ Individual PAGA Payments; complying with all tax reporting notice and filing requirements; carrying out all other duties related to the Qualified Settlement Fund’s documentation and filing; providing declaration(s) as necessary in support of preliminary and/or final approval of this Settlement; providing status reports as needed, among other administrative duties; and other tasks as the Parties mutually agree or the Court orders the Settlement Administrator to perform. The Settlement Administrator shall keep the Parties timely apprised of the performance of all Settlement Administrator responsibilities. Defendants and their Counsel shall have no responsibility for validating or ensuring the accuracy of the Settlement Administrator’s work. Plaintiff, Class Counsel, Defendants and Defendants’ Counsel shall not bear any responsibility for any errors or omissions in the calculation or distribution of the Individual Settlement Payments, Individual PAGA Payments, or any other distribution of monies contemplated by this Agreement.
Settlement Administrator Responsibilities. 27 1. The Settlement Administrator shall be responsible for preparing, printing 28 and mailing to the Settlement Class and the PAGA Aggrieved Employees the Notice of Proposed DocuSign Envelope ID: BDF97D9C-6021-4C02-9621-5C614D6450E7 DocuSign Envelope ID: FF20DA7D-306F-471C-A215-C3D4B805333E 1 Settlement of Class Action attached as Exhibit 2 hereto (the “Class Notice”) as directed by the 2 Court; calculating Class Member Payments and PAGA Payments; calculating and withholding all 3 required state and federal taxes owed by the Settlement Class Members, PAGA Aggrieved 4 Employees, and Defendant; keeping track of opt-outs and objections; drafting and mailing checks 5 to Settlement Class Members and PAGA Aggrieved Employees; distributing Named Plaintiff 6 Enhancement Payments, the Fees Award, the Costs Award, 75% of the PAGA Payment to the 7 LWDA, and Settlement Administration Costs; issuing and reporting on all necessary W-2s and 8 1099s as identified within this Settlement Agreement and relating to distributions of funds made 9 hereunder; providing weekly status reports to counsel for the Parties; providing a due diligence 11 required by the Court; and for such other tasks as the Parties mutually agree or the Court orders 12 the Settlement Administrator to perform. The Parties each represent they do not have any 13 financial interest in the Settlement Administrator or otherwise have a relationship with the 14 Settlement Administrator that could create a conflict of interest.
