Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, (45 days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim Form, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form within seventy-five (75) days of the entry of the Preliminary Approval Order, the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances and satisfy the requirements of Rule 23(c) and due process.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • :
a) By no later than , 2023, 2023 (45 30 calendar days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim Form, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form form within seventy-five (75) days of the entry of the Preliminary Approval Order, the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • .
b) By no later than , 2023 (30 calendar days after entry of this Preliminary Approval Order), cause the Settlement Notice to be published on the Settlement Website identified in the Settlement Notice, which will also host and make available copies of all Settlement-related documents, including the Settlement Agreement.
c) The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances circumstances, and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, 2022 (45 30 calendar days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim Form, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form form within seventy-five (75) days of the entry of the Preliminary Approval Order, the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • By no later than , 2022 (30 calendar days after entry of this Preliminary Approval Order), cause the Settlement Notice to be published on the website identified in the Settlement Notice, xxxxxxxxxxxxxxx.xxx/xxxx000x, which will also host and make available copies of all Settlement-related documents, including the Settlement Agreement. • The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances circumstances, and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services Analytics LLC (“Analytics”) as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, (45 thirty days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim FormNotice, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Prior to mailing the Settlement Administrator Notice, Analytics shall conduct an advanced address research (via skip-trace databases) in order to identify current mailing address information for the Settlement Class members. Additionally, Analytics must update the Settlement Class member address information using data from the National Change of Address (“NCOA”) database. After mailing the Settlement Notice, Analytics shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition• By no later than (Thirty days after entry of this Order), cause the Settlement Notice to be sent by email to any email addresses on file for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form within seventy-five (75) days Settlement Class members as of the entry date of the this Preliminary Approval Order. • By no later than (thirty days after entry of this Order), cause the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or firstNotice to be published on the website identified in the Settlement Notice, xxx.XxxxxxXXXXXxxxxxxxxxx.xxx which will also host and make available copies of all Settlement-class mailrelated documents, postage prepaid, to such Class Members notifying them again of including the deadline by which to submit the Former Participant Claim FormSettlement Agreement. • The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances circumstances, and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic RG/2 Claims Services Administration LLC (“RG/2”) as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, (45 thirty-five days after entry of this Preliminary Approval Order), cause the Short Form Postcard Settlement Notice and Former Participant Claim FormNotice, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-first- class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Prior to mailing the Short Form Postcard Settlement Administrator Notice, RG/2 shall conduct an advanced address research (via skip-trace databases) in order to identify current mailing address information for the Settlement Class members. Additionally, RG/2 must update the Settlement Class member address information using data from the National Change of Address (“NCOA”) database. After mailing the Settlement Notice, RG/2 shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition• By no later than (Thirty days after entry of this Order), cause the Long Form Settlement Notice to be published on the website identified in the Short Form Postcard Settlement Notice, xxx.XxxxxXXXXXxxxxxxxxxx.xxx, which will also host and make available copies of all Settlement-related documents, including the Settlement Agreement. • By no later than (Thirty days after entry of this Order), cause the Long Form Settlement Notice to be sent by email to any email addresses on file for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form within seventy-five (75) days Settlement Class Members as of the entry date of the this Preliminary Approval Order, the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • The Court finds that the contents of the Settlement Notice Notices and the process described herein and in the Settlement are the best notice practicable under the circumstances circumstances, and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, (45 days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim Form, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee Xxxxx who has not returned the Former Participant Claim Form within seventy-five (75) days of the entry of the Preliminary Approval Order, the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances and satisfy the requirements of Rule 23(c) and due process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • :
a) By no later than , 2023, 2024 (45 30 calendar days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim Form, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form form within seventy-five (75) days of the entry of the Preliminary Approval Order, the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • .
b) By no later than , 2024 (30 calendar days after entry of this Preliminary Approval Order), cause the Settlement Notice to be published on the Settlement Website identified in the Settlement Notice, which will also host and make available copies of all Settlement-related documents, including the Settlement Agreement.
c) The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances circumstances, and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services JND Legal Administration as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, _ (45 thirty calendar days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim FormNotice, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effortadvanced address research (via skip-trace databases) in order to identify current mailing address information for the Settlement Class members. The Additionally, JND must update the Settlement Administrator Class member address information using data from the National Change of Address (“NCOA”) database. After mailing the Settlement Notice, JND shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form within seventy-five • By no later than _ (75) thirty calendar days of the after entry of the Preliminary Approval this Order), cause the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or firstNotice to be published on the website identified in the Settlement Notice, xxx.XXXXXXXXxxxxxxxxxx.xxx, which will also host and make available copies of all Settlement-class mailrelated documents, postage prepaid, to such Class Members notifying them again of including the deadline by which to submit the Former Participant Claim FormSettlement Agreement. • The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, 2022 (45 days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim Form, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. • The Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form form within seventy-five (75) days of the entry of the Preliminary Approval Order, the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic e-mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • By no later than , 2022 (45 calendar days after entry of this Preliminary Approval Order), cause the Settlement Notice to be published on the website identified in the Settlement Notice, xxxxxxxxxxxxxxx.xxx/XXX000x, which will also host and make available copies of all Settlement-related documents, including the Settlement Agreement. • The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. (a) The Court hereby approves the appointment of Strategic Claims Services as the Settlement Administrator for the Settlement. The Court directs Administrator, Defendants and Class Counsel have executed a retainer agreement providing, among other things, that the Settlement Administrator shall: • By no later than , 2023, (45 days after entry shall be bound by and shall perform the obligations imposed on it under the terms of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim Form, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail Agreement.
(if availableb) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Settlement Administrator shall use commercially reasonable efforts be subject to locate the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Settlement Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein.
(d) The Settlement Administrator will be responsible for administering the Settlement including, inter alia:
(1) effecting notice to the Settlement Class in a form and manner proposed by the parties, subject to Court approval;
(2) conducting appropriate research, with the United States Postal Service Change of Address Database and/or a recognized credit bureau to ensure that any Class Member whose Settlement Notice and Former Participant Claim Form mailed notice which is returned for the reason that the address is incorrect will be corrected and re-send such documents one additional time. In addition, a second notice sent;
(3) performing a search for each Former ParticipantSettlement Class Member’s email address based on the information available in the Class List & Data Compilation;
(4) Sending, Beneficiaryin addition to mailed postcard notice with claim form set forth as Exhibit A, and Alternate Payee who has not returned an electronic notice in the Former Participant Claim Form within seventy-five form set forth as Exhibit F to all Settlement Class Members whose emails can be determined;
(755) Sending a reminder postcard notice in the form set forth as Exhibit E, 40 days prior to the end of the entry claims period, but only in the event that the number of claims filed as of 50 days prior to the end of the claims period is less than 5% of the total number of Settlement Class Members.
(6) opening an account at a bank with accounts insured by the FDIC for the deposit of the Settlement Fund and for disbursing all funds from the Settlement Fund in accordance with this Agreement;
(7) maintaining a post office box address to receive inquiries with respect to the Settlement for a period of two hundred seventy days (270) after the Preliminary Approval OrderDate or one hundred eighty (180) days from the Effective Date, whichever is longer;
(8) preparing reports regarding the mailed notices, as directed by the Parties’ counsel and the Court;
(9) receiving, tracking and processing all submitted claims;
(10) accepting and reporting on written notice(s) to opt-out of the Settlement;
(11) creating and maintaining a website regarding the Settlement including basic information regarding the Settlement and links to, inter alia, the Settlement Administrator shall send within ten Agreement, Preliminary Order, Final Order and Class Notice;
(1012) days thereafter a post card by electronic mail creating and maintaining an automated toll-free line providing basic information regarding the Settlement and instructions for obtaining relevant documents (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • The Court finds that the contents e.g. copies of the Settlement Notice Agreement, Preliminary Order, Final Order and the process described herein and in the Settlement are the best notice practicable under the circumstances and satisfy the requirements of Rule 23(c) and due processClass Notice.);
Appears in 1 contract
Samples: Class Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic RG/2 Claims Services Administration LLC (“RG/2”) as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, (45 forty days after entry of this Preliminary Approval Order), cause the Short Form Postcard Settlement Notice and Former Participant Claim FormNotice, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-first- class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Prior to mailing the Short Form Postcard Settlement Administrator Notice, RG/2 shall conduct an advanced address research (via skip-trace databases) in order to identify current mailing address information for the Settlement Class members. Additionally, RG/2 must update the Settlement Class member address information using data from the National Change of Address (“NCOA”) database. After mailing the Short Form Postcard Settlement Notice, RG/2 shall use commercially reasonable efforts to locate any Class Member whose Short Form Postcard Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form within seventy-five • By no later than (75) thirty days of the after entry of this Order), cause the Preliminary Approval OrderLong Form Settlement Notice to be published on the website identified in the Short Form Postcard Settlement Notice, xxx.XXXXXXXXXxxxxxxxxxx.xxx, which will also host and make available copies of all Settlement-related documents, including the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim FormAgreement. • The Court finds that the contents of the Long Form and Short Form Postcard Settlement Notice Notices and the process described herein and in the Settlement are the best notice practicable under the circumstances circumstances, and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, 2022 (45 30 days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim Form, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents one additional time. In addition, for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form form within seventy-five ninety (7590) days of the entry of the Preliminary Approval Order, the Settlement Administrator shall send within ten fourteen (1014) days thereafter a post card by electronic e-mail (if available) or first-class mail, postage prepaid, to such Class Members notifying them again of the deadline by which to submit the Former Participant Claim Form. • By no later than , 2022 (30 days after entry of this Preliminary Approval Order), cause the Settlement Notice to be published on the website identified in the Settlement Notice, xxxxxxxxxxxxxxx.xxx/xxxxxx000x/, which will also host and make available copies of all Settlement-related documents, including the Settlement Agreement. • The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances circumstances, and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Administrator. The Court hereby approves the appointment of Strategic Claims Services Kroll Settlement Administration LLC as the Settlement Administrator for the Settlement. The Court directs that the Settlement Administrator shall: • By no later than , 2023, (45 thirty days after entry of this Preliminary Approval Order), cause the Settlement Notice and Former Participant Claim FormNotice, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided sent by electronic mail (if available) or first-class mail, postage prepaid, to the last known electronic mail address or last known mailing address of each member of the Settlement Class who can be identified through reasonable effort. The Prior to mailing the Settlement Notice, the Settlement Administrator must update the Settlement Class member address information using data from the National Change of Address (“NCOA”) database. Additionally, after mailing the Settlement Notice, the Settlement Administrator shall use commercially reasonable efforts to locate any Class Member whose Settlement Notice and Former Participant Claim Form is returned and re-send such documents at least one additional time. In addition• By no later than (thirty days after entry of this Order), cause the Settlement Notice to be sent by email to any email addresses on file for each Former Participant, Beneficiary, and Alternate Payee who has not returned the Former Participant Claim Form within seventy-five (75) days Settlement Class members as of the entry date of the this Preliminary Approval Order. • By no later than (thirty days after entry of this Order), cause the Settlement Administrator shall send within ten (10) days thereafter a post card by electronic mail (if available) or firstNotice to be published on the website identified in the Settlement Notice, xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx, which will also host and make available copies of all Settlement-class mailrelated documents, postage prepaidincluding the Settlement Agreement, to such Class Members notifying them again this Order, and all motions and exhibits filed in connection with preliminary and final approval of the deadline by which to submit the Former Participant Claim FormSettlement. • The Court finds that the contents of the Settlement Notice and the process described herein and in the Settlement are the best notice practicable under the circumstances circumstances, and satisfy the requirements of Rule 23(c) and due processDue Process.
Appears in 1 contract
Samples: Class Action Settlement Agreement