Settlement Class Notice. Subject to Court approval, the Parties agree that as soon as practicable, and no later than thirty (30) days after entry of the Preliminary Approval Order, Bank of America will provide the Mortgage Escrow List (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely for the purpose of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither the Settlement Class Member List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety (90) days after entry of the Preliminary Approval Order (the “Notice Date”), the Settlement Administrator shall disseminate Notice of the proposed Settlement by the following methods:
Settlement Class Notice. The Settlement Class Notice shall provide for a right of exclusion, as set forth in Section II(F)(4). The Settlement Class Notice shall also provide for a right to object to the proposed Settlement. Individual notice of the Settlement to all Settlement Class Members who can be identified through reasonable effort shall be mailed, emailed and/or sent via text message to the Settlement Class in conformance with a notice plan to be approved by the Court. Interim Co-Lead Counsel will undertake all reasonable efforts to notify potential Settlement Class Members of the settlement, including publication notice through traditional, digital, and/or social media sources likely to reach Settlement Class Members. The timing of a motion to approve notice to the Settlement Class of this Settlement Agreement (“Notice Motion”) shall be in the discretion of Interim Co-Lead Counsel, and may be combined with notice of other settlements in this Action. The Notice Motion shall include a proposed form of, method for, and date of dissemination of notice.
Settlement Class Notice. “Settlement Class Notice” means the Court-approved form of notice to current and former owners and lessees of Settlement Class Vehicles, in substantially the same form as that attached hereto as Exhibit “A,” informing them of, among other things, the (i) preliminary approval of the Settlement; (ii) scheduling of the Final Approval Hearing; (iii) opportunity to submit a claim; (iv) opportunity to submit an objection; and (v) opportunity to request exclusion.
Settlement Class Notice. Named Plaintiff, Settling Defendants, and the proposed Settlement Administrator have developed an appropriate and reasonable Notice Plan to reach Settlement Class Members. The Parties will recommend this Notice Plan to the Court. This Amended Settlement Agreement provides for a Settlement Class under Federal Rule of Civil Procedure 23(b)(2). Accordingly, individual notice is not required. Further, Settling Defendants represent (and discovery confirms) that individual notice would not be possible because the Settling Defendants do not have records identifying names or addresses for members of the Settlement Class. The Notice Plan will be administered by an experienced and qualified settlement administrator. The Settlement Administrator was consulted and utilized to develop, focus, and implement the proposed Notice Plan. Before recommending the Notice Plan, the Settlement Administrator investigated the specific demographic characteristics of Interstate Batteries’ customer base in order to develop and recommend a cost-effective Notice Plan specifically targeted to the Settlement Class.
Settlement Class Notice. 4.1 Except as provided for in Paragraph 4.2, the Settlement Administrator shall disseminate Notice to Settlement Class Members by the Notice Deadline. The Settlement Administrator shall disseminate Notice in a manner that complies with due process under the United States Constitution. The Settlement Administrator will provide direct Notice, one time, via email to those Settlement Class Members for whom the Settlement Administrator has obtained contact information through third party subpoenas served by Class Counsel, unless there is evidence the emails were not successfully transmitted (e.g., a percentage of email notices are flagged as spam mail) in which case additional emails can be sent to ensure successful transmission. In the event that email is unavailable, the Settlement Administrator shall send Notice, one time, via regular mail to those Settlement Class Members for whom the Settlement Administrator has obtained contact information through third party subpoenas served by Class Counsel. Notice will also be provided by publication through advertisements in appropriate print and electronic media including social media as agreed to by the Parties through the Claims Deadline. In no event shall Notice be provided through television or radio advertisements or through claim promotion sites (e.g., xxxxxxxxxxxxxxx.xxx).
Settlement Class Notice. 6.1 Defendant shall compile a list of the unique telephone numbers and, to the extent in Defendant’s possession, the names, addresses, and email addresses of the individuals associated with those telephone numbers for each recording of a call to Defendant’s Rapid Rewards toll-free telephone number (000-000-0000) from a telephone number with a California Area Code at any time during the Class Period for which Defendant has a record. Additionally, Defendant shall determine the number of telephone calls that each of these unique telephone numbers made to Defendant’s Rapid Rewards toll-free telephone number (000-000-0000) during the Class Period. All of the information collected by Defendant, taken in total, shall be referred to as the Settlement Class Member Contact List. The Settlement Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 20 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement.
Settlement Class Notice. Within 21 days of entry of the Preliminary Approval Order, the Settlement Administrator shall send the Settlement Class Notice to each Class Member by first-class mail and provide such other forms of notice specified in the Preliminary Approval Order. The Settlement Administrator will keep Class Counsel and Defendant’s Counsel informed of any problems that arise in providing the Settlement Class Notice and/or locating missing Class Members.
Settlement Class Notice. 10 83. Within seven (7) days after the date of the Preliminary Approval Order, 11 Defendant Kroger shall provide the Settlement Class List to the Settlement Administrator.
Settlement Class Notice. As part of the Motion for Preliminary Approval, Class Counsel shall submit to the Court for approval in the Action the Notice. The Motion for Preliminary Approval shall ask the Court to find that the proposed form of and method for dissemination of notice to the Class Members constitute valid, due, and sufficient notice to the Class Members and complies fully with the requirements of the Federal Rules of Civil Procedure. In addition, the Motion for Preliminary Approval shall ask the Court to approve the Notice Plan and Distribution Plan, including the deadlines related to dissemination of the Notice. Unless the Court directs otherwise, the deadlines set forth in the Notice and Notice Plan shall govern the rights of the Class Members and are in addition and subject to the dates and times set forth in the Agreement. The Notice Plan shall be outlined in the Motion for Preliminary Approval and the proposed Long Notice and Postcard are attached hereto as Exhibits B and C.
Settlement Class Notice. Within thirty (30) days of entry of the Preliminary Approval Order, the Settlement Administrator shall send the Settlement Class Notice to each putative Settlement Class Member and provide such other forms of notice specified in the Preliminary Approval Order. The Settlement Administrator shall conduct a standard skip trace to locate missing Settlement Class Members and promptly re-mail the Settlement Class Notice to the correct or updated address. The Settlement Administrator will keep Settlement Class Counsel informed of any problems that arise in providing the Settlement Class Notice and/or locating missing Settlement Class Members.
