The Class Notice Clause Samples
The Class Notice. (i) constituted the best practicable notice under the circumstances to potential Settlement Class Members, (ii) constituted notice that was reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Consolidated Litigation, their right to object or to exclude themselves from the proposed Settlement, and their right to appear at the Final Approval Hearing, (iii) was reasonable and constituted due, adequate, and sufficient individual notice to all persons entitled to be provided with notice, and (iv) complied fully with the requirements of Fed. R. Civ. P. 23, the United States Constitution, the Rules of this Court, and any other applicable law.
The Class Notice a. The Class Notice shall, at a minimum,
(i) describe who is in the Class;
(ii) contain a short, plain description of the background of the Action, the Class and the proposed settlement;
(iii) generally describe the proposed benefits outlined above in Sections IV through VIII above;
(iv) explain how to secure settlement benefits, including how to submit a Claim Form if one is required to become an Eligible Holder;
(v) explain that to be excluded from the Class, a written exclusion request must be submitted no later than 40 days before the date of the Fairness Hearing;
(vi) state that any one Policy Holder's request for exclusion will exclude all Holders of the Policy;
(vii) inform Class Members that, if they do not exclude themselves from the Class with respect to a particular Policy, they will be eligible to receive one or more forms of relief under the proposed settlement;
(viii) state that any Class Member who has not submitted a written request for exclusion may, if he or she desires, object to the proposed settlement by filing and serving a written statement of objection no later than 40 days before the Fairness Hearing;
(ix) state that any Class Member who has filed and served written objections to the proposed settlement may, if he or she so requests, enter an appearance at the Fairness Hearing either personally or through counsel by providing the Court and counsel for the Parties with a notice of intention to appear;
(x) explain the impact of accepting or rejecting the benefits available to them under the Settlement Agreement on any existing litigation, claim, arbitration or other proceeding;
(xi) state that any judgment entered with respect to the Settlement Agreement shall include, and be binding on, all Class Members who have not been excluded from the Class, even if they have objected to the proposed Settlement Agreement and even if they have any other claim, lawsuit or proceeding pending against the Defendant;
(xii) provide the terms of the Release;
(xiii) explain the disposition of unknown claims; and
(xiv) state that any relief to Class Members is contingent on the Court's final approval of the proposed settlement.
b. The Class Notice shall be reviewed and approved by the Department, in form and substance, prior to issuance.
The Class Notice the Summary Settlement Notice, the web site, the toll-‐free telephone number, and all other notices in the Agreement, and the notice methodology implemented pursuant to the Agreement: