Settlement Claims Administrator Responsibilities. The Settlement Claims Administrator shall be responsible for: (a) establishing a qualified settlement fund and qualified settlement fund account, and determining and finalizing the calculations of the Potential Gross Settlement Payments and tax withholding amounts for the Qualified Claimants; (b) preparing, printing and disseminating to the Named Plaintiff and Potential Opt-in Plaintiffs the Notice Packet and return envelope; (c) copying counsel for all Parties on material correspondence and promptly notifying all counsel for the Parties of any material requests or communications made by any Party or Potential Opt-In Plaintiff who receives a Notice Packet; (d) receiving and reviewing the Consent to Join and Release Forms submitted by the Named Plaintiff and Potential Opt-In Plaintiffs to determine eligibility for payment; (e) determining the final Settlement Payment for each Qualified Claimant in accordance with this Agreement; (f) mailing the Settlement Payments to Qualified Claimants; (g) wiring Plaintiff’s Counsel’s attorneys’ fees, expenses, and costs and mailing the General Release Payment and Settlement Payments in accordance with this Agreement and Order of the Court; (h) paying all payroll tax obligations of Defendant in accordance with applicable law and this Agreement; (i) issuing W-2 and 1099 Forms for all amounts paid to Qualified Claimants; (j) ascertaining current address and addressee 3 In such an event, all dates referenced in this Agreement based on the entry of an Approval Order will instead be calculated from the later of (a) the date upon which the appeal is withdrawn, or (b) any appellate decision affirming the Approval Order becomes final. information for each Notice Packet returned as undeliverable; (k) referring to Plaintiff’s Counsel all inquiries by the Named Plaintiff and Potential Opt-in Plaintiffs the Settlement Claims Administrator cannot resolve and/or which involve matters not within the Settlement Claims Administrator’s duties specified herein; (l) responding to inquiries of Plaintiff’s Counsel or Defendant’s Counsel; (m) promptly apprising counsel for the Parties of the activities of the Settlement Claims Administrator; (n) maintaining adequate records of its activities, including the date of the mailing of the Notice Packets and receipt of Consent to Join and Release Forms, returned mail and other communications and attempted written or electronic communications with the Named Plaintiff and Potential Opt-in Plaintiffs; (o) confirming in writing to Plaintiff’s and Defendant’s Counsel its completion of the administration of the settlement and retaining copies of all endorsed settlement checks; (p) timely responding to communications from the Parties or their counsel; and (q) such other tasks as called for by this Agreement, ordered by the Court, or the Parties mutually agree.
Appears in 1 contract
Samples: Settlement Agreement
Settlement Claims Administrator Responsibilities. The Settlement Claims Administrator shall be responsible for: (a) establishing a qualified settlement fund and qualified settlement fund account, and determining and finalizing the calculations of the Potential Gross Settlement Payments and tax withholding amounts for the Qualified Claimants; (b) preparing, printing and disseminating to the Named Plaintiff and Potential Opt-in Plaintiffs the Notice Packet and return envelope; (c) copying counsel for all Parties on material correspondence and promptly notifying all counsel for the Parties of any material requests or communications made by any Party or Potential Opt-In Plaintiff who receives a Notice Packet; (d) receiving and reviewing the Consent to Join and Release Forms submitted by the Named Plaintiff and Potential Opt-In Plaintiffs to determine eligibility for payment; (e) determining the final Settlement Payment for each Qualified Claimant in accordance with this Agreement; (f) mailing the Settlement Payments to Qualified Claimants; (g) wiring Plaintiff’s Counsel’s attorneys’ fees, expenses, and costs and mailing the General Release Payment and Settlement Payments in accordance with this Agreement and Order of the Court; (h) paying all payroll tax obligations of Defendant in accordance with applicable law and this Agreement; (i) issuing W-2 and 1099 Forms for all amounts paid to Qualified Claimants; (j) ascertaining current address and addressee 3 In such an event, all dates referenced in this Agreement based on the entry of an Approval Order will instead be calculated from the later of (a) the date upon which the appeal is withdrawn, or (b) any appellate decision affirming the Approval Order becomes final. Forms for all amounts paid to Qualified Claimants; (j) ascertaining current address and addressee information for each Notice Packet returned as undeliverable; (k) referring to Plaintiff’s Counsel all inquiries by the Named Plaintiff and Potential Opt-in Plaintiffs the Settlement Claims Administrator cannot resolve and/or which involve matters not within the Settlement Claims Administrator’s duties specified herein; (l) responding to inquiries of Plaintiff’s Counsel or Defendant’s Counsel; (m) promptly apprising counsel for the Parties of the activities of the Settlement Claims Administrator; (n) maintaining adequate records of its activities, including the date of the mailing of the Notice Packets and receipt of Consent to Join and Release Forms, returned mail and other communications and attempted written or electronic communications with the Named Plaintiff and Potential Opt-in Plaintiffs; (o) confirming in writing to Plaintiff’s and Defendant’s Counsel its completion of the administration of the settlement and retaining copies of all endorsed settlement checks; (p) timely responding to communications from the Parties or their counsel; and (q) such other tasks as called for by this Agreement, ordered by the Court, or the Parties mutually agree.
Appears in 1 contract
Samples: Settlement Agreement
Settlement Claims Administrator Responsibilities. The Settlement Claims Administrator shall be responsible in general for: (a) establishing a qualified settlement fund and qualified settlement fund account, and determining and finalizing the calculations of the Potential Gross Settlement Payments and tax withholding amounts and employer payroll tax amounts for the Qualified Claimants, as applicable based upon the Individual Settlement Payments (as defined below) provided by Counsel for the Named Plaintiff; (b) preparing, printing and disseminating to the Named Plaintiff and Potential Opt-in Plaintiffs the Notice Packet and return envelopeenvelope in a final form and format approved by Counsel for BWW and the Named Plaintiff; (c) copying counsel Counsel for all the Settling Parties on material correspondence and promptly notifying all counsel Counsel for the Settling Parties of any material requests or communications made by any Party or Potential Opt-In in Plaintiff who receives a Notice Packetnotice; (d) establishing, monitoring and maintaining a toll-free number; (e) receiving and reviewing the Consent to Join Claim Forms and Release Forms Releases submitted by the Named Plaintiff and Potential Opt-In Plaintiffs to determine eligibility for paymentin Plaintiffs; (ef) determining confirming the final Settlement Payment for each Qualified Claimant in accordance with this Agreement; (fg) mailing distributing the Settlement Payments settlement checks to Qualified Claimants; (gh) wiring Counsel for the Named Plaintiff’s Counsel’s attorneys’ fees, expenses, fees and litigation costs and mailing the General Release Payment and Settlement Payments in accordance with this Agreement and Order of the CourtAgreement; (hi) paying remitting all payroll tax obligations of Defendant BWW in accordance with applicable law and this Agreement; (ij) issuing W-2 and 1099 Forms for all amounts paid to Qualified Claimants; (jk) ascertaining current address and addressee 3 In such an event, all dates referenced in this Agreement based on the entry of an Approval Order will instead be calculated from the later of (a) the date upon which the appeal is withdrawn, or (b) any appellate decision affirming the Approval Order becomes final. last-known contact information for each Notice Packet returned as undeliverable; (k) referring to Plaintiff’s Counsel all inquiries by the Named Plaintiff Opt-in Plaintiffs and Potential Opt-in Plaintiffs the Settlement Claims Administrator cannot resolve and/or which involve matters not within the Settlement Claims Administrator’s duties specified hereinPlaintiffs; (l) responding to inquiries of Plaintiff’s Counsel or Defendant’s Counselthe Potential Opt-in Plaintiffs; (m) responding to inquiries of Counsel for BWW and Counsel for the Named Plaintiff; (n) promptly apprising counsel for the Parties Counsel of the activities of the Settlement Claims Administrator; (no) maintaining adequate records of its activities, including the date of the mailing of the Notice Packets and receipt of Consent to Join Claim Forms and Release FormsReleases, returned mail and other communications and attempted written or electronic communications with the Named Plaintiff and Potential Opt-Opt- in Plaintiffs, and providing Counsel with weekly reports regarding the same; (op) confirming in writing to Plaintiff’s Counsel to BWW and Defendant’s Counsel to the Named Plaintiff its completion of the administration of the settlement and settlement, retaining copies of all endorsed settlement checkschecks for a period of six years and providing access to these checks upon request by Counsel for the Parties; (pq) timely responding to communications from the Parties or their counselPotential Opt-in Plaintiffs; and (qr) such other tasks as called for customarily and regularly performed by this Agreement, ordered by a Settlement Claims Administrator and as the Court, or the Settling Parties mutually agree.
Appears in 1 contract
Samples: Settlement Agreement
Settlement Claims Administrator Responsibilities. The Settlement Claims Administrator shall be responsible for: (a) establishing a qualified settlement fund and qualified settlement fund account, and the Settlement Fund; (b) determining and finalizing the calculations of the Potential Gross Settlement Individual Payments and tax withholding amounts for the Qualified Claimants, as applicable; (bc) preparing, printing and disseminating to the Named Plaintiff Plaintiffs and Potential Opt-in Plaintiffs Putative Collective Members the Notice Packet and return envelope; (cd) preparing and launching a website (the content of which will be approved by the Settlement Parties) where Named Plaintiffs and Putative Collective Members may review information regarding the settlement and electronically submit their Consent to Join and Release Forms; (e) copying counsel for all Settling Parties on material correspondence and promptly notifying all such counsel for the Parties of any material requests or communications made by any Settling Party or Potential Opt-In Plaintiff Putative Collective Member who receives a Notice Packet; (df) receiving and reviewing the Consent to Join and Release Forms submitted by the Named Plaintiff Plaintiffs and Potential Opt-In Plaintiffs Putative Collective Members to determine eligibility for payment; (eg) determining the final Settlement Payment settlement payment for each Qualified Claimant in accordance with this Agreement; (fh) mailing the Settlement Payments settlement checks to Qualified Claimants; (gi) wiring Plaintiff’s Plaintiffs’ Counsel’s attorneys’ fees, expenses, and costs and mailing the General Release Service Payment and Settlement Payments settlement payments in accordance with this Agreement and Order of the Court; (hj) paying all payroll tax obligations of Defendant PNC in accordance with applicable law and this Agreement; (ik) issuing W-2 and 1099 Forms for all amounts paid to Qualified Claimants; (j) ascertaining current address , and addressee 3 In such an event, all dates referenced in this Agreement based on the entry of an Approval Order will instead be calculated from the later of (a) the date upon which the appeal is withdrawn, or (b) any appellate decision affirming the Approval Order becomes final. information separately issuing a 1099 Form to Named Plaintiffs’ Counsel for each Notice Packet returned as undeliverable; (k) referring amounts paid to Plaintiff’s Counsel all inquiries by the Named Plaintiff and Potential Opt-in Plaintiffs the Settlement Claims Administrator cannot resolve and/or which involve matters not within the Settlement Claims Administrator’s duties specified herein; (l) responding to inquiries of Plaintiff’s Counsel or Defendant’s Counsel; (m) promptly apprising counsel them for the Parties of the activities of the Settlement Claims Administrator; (n) maintaining adequate records of its activities, including the date of the mailing of the Notice Packets and receipt of Consent to Join and Release Forms, returned mail and other communications and attempted written or electronic communications with the Named Plaintiff and Potential Opt-in Plaintiffs; (o) confirming in writing to Plaintiff’s and Defendant’s Counsel its completion of the administration of the settlement and retaining copies of all endorsed settlement checks; (p) timely responding to communications from the Parties or their counsel; and (q) such other tasks as called for by this Agreement, ordered by the Court, or the Parties mutually agree.attorneys’ fees;
Appears in 1 contract
Samples: Settlement Agreement