Type of Notice Required. (A) The Class Notice, which shall be substantially in the form attached to Xxx Decl., Exhibit B, shall be used for the purpose of informing Class Members about this Settlement and will also advise them of the opportunity to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It shall be pasted into the body of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx (B) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email where possible and via U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreement. (C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval. (D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant. (E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibits A through C attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing to inform proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing, that there is a pending settlement and to further inform Settlement Class Members how they may: (1) obtain a copy of the Claim Form; (2) protect their rights regarding the settlement; (3) request exclusion from the Settlement Class and the proposed settlement, if desired; (4) object to any aspect of the proposed settlement, if desired; and (5) participate in the Final Approval Hearing, if desired. The Notice shall provide that Settlement Class Members may submit Claims Forms and be eligible for (1) a twelve-month subscription to credit-monitoring services, valued at $80 or a twenty-four month subscription to credit-monitoring services, valued at $240, depending on membership in the Settlement Subclass, and (2) the ability to claim up to $4,000.00 for reimbursement of out-of-pocket expenses or lost time mitigating the effects of the Incident, upon provision of appropriate documentation. Additionally, the Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class.
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect Parties and shall be substantially in the forms attached as Exhibits A through C hereto.
c. Notice of the settlement (substantially in the form of Exhibits A and B) shall be posted on all persons who do not timely request exclusion from the Settlement Class. It shall be pasted into the body Website within fourteen (14) days of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(B) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email where possible and via U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibits C and D attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing Settlement Class Members about this prior to the Final Approval Hearing that there is a pending settlement and to further inform Settlement and will also advise them Class Members how they may
(a) obtain a copy of the opportunity to Claim Form for review and submittal; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Class and the proposed settlement, if desired; (d) object to or opt-outany aspect of the proposed settlement, and/or to appear at if desired; and (e) participate in the Final Approval Hearing, if desired. The Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata payment from the Settlement Fund, following the deduction of: (i) any award of attorneys’ fees, costs, and expenses; (ii) any incentive award to the named Plaintiff; and (iii) the costs of notice and administration. Additionally, the Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class.
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It Parties and shall be pasted into substantially in the body of the email, not forms attached as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. XxxxxxExhibits C and D hereto.
(B) Within thirty (30) days after entry of the Preliminary Approval Orderc. Prior to disseminating Notice, the Settlement Administrator shall send shall, using the Class List, perform a reverse address lookup, as needed, to all determine current mailing address information for the Settlement Class Members, via email where possible and . Short Form individual notice (substantially in the form of Exhibit C) shall be sent via U.S. Mail mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator, Administrator from the Court approved Notices Class List and/or reverse address lookup.
d. Notice of Proposed the Settlement (substantially in the form of Class Action Lawsuit Exhibits C and Final Approval Hearing. The D) shall be posted on the Settlement Administrator will take all reasonable steps to obtain Website by the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator Date.
e. Publication notice shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts be conducted by the Settlement Administrator during online by placing targeted advertisements, beginning no later than the time period between the initial mailing Notice Date, on LinkedIn, Facebook, Google, or any other appropriate platform reasonably targeted at members of the Class Notice and Settlement Class, which shall direct them to the Objection/Exclusion Deadline and requests that their notice be re-sentSettlement Website. The Settlement Administrator will notify Class Counsel Parties shall agree to the form and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost format of the above Notice Plan and all Administrative Expenses shall be paid by Defendantpublication notice.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Type of Notice Required. (A) a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members about this Settlement and will also advise them as to how they may obtain a copy of the opportunity to Proof of Claim Form; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes and the proposed settlement, if desired; (d) object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination any aspect of the Notice shall be proposed settlement, if desired; and (e) participate in the responsibility of Fairness Hearing, if desired. Finally, the Settlement Administrator. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It Classes.
b. Dissemination of the Class Settlement Notice shall be pasted into the body responsibility of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(B) Within thirty (30) days after entry Settlement Administrator. The text of the Preliminary Approval OrderClass Settlement Notice shall be agreed upon by the Parties, and shall be substantially in the forms attached as Exhibits 4–6 hereto.
c. Individual notice shall be e-mailed to the List of Potential Settlement Administrator shall send to all Class Members, via email Members (substantially in the form of Exhibit 4) where possible and via U.S. Mail by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Defendant Uber has a last-known mailing address or the address information can be determined located by the Settlement Administrator through reverse look-up.
d. Detailed notice of the settlement shall be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearingdocuments related to the Settlement. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address URL of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice Website shall be re-sent. The Settlement Administrator will notify xxx.XxxxXXXXXxxxxxxxxx.xxx or such other URL as Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth Uber may subsequently agree on in this Agreementwriting.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibit A attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination , that there is a pending settlement, and to further inform Settlement Class Members how they may:
(i) submit a copy of the Notice shall be Claim Form; (ii) protect their rights regarding the responsibility settlement; (iii) request exclusion from the Settlement Class and the proposed settlement, if desired; (iv) object to any aspect of the Settlement Administratorproposed settlement, if desired; and (v) participate in the Final Approval Hearing, if desired. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It .
b. Dissemination of the Notice shall be pasted into the body responsibility of the email, not Settlement Administrator. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. XxxxxxExhibit A hereto.
c. Within seven (B) Within thirty (307) days after of the entry of the a Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, individual notice via email where possible and via first class U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or (substantially in the address information can be determined by form of Exhibit A). Prior to the Settlement Administratormailing, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of run the Class Members’ addresses through the U.S. Postal Service’s National Change of Address database and mail the Notice and using the Objection/Exclusion Deadline and requests that their notice be re-sentmost current mailing address information. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any If a Notice sent to a Class Member that is returned as undeliverable after with a forwarding address, the Settlement Administrator shall resend by first delivery, as well as any such class mail the Notice to that forwarding address. If a mailing address is not available or if a Notice is returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgmentwithout a forwarding address, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided shall send the Notice via email, if available. If Notice to a forwarding address is undeliverable and the email Notice is returned as undelivered or unavailable, the Settlement Administrator shall use a “skip-trace” or similar search to attempt to locate a current address for the Settlement Class with notice of Member and send the proposed Settlement in accordance with this SectionNotice to the address so found.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) i. The Class Notice, which shall be substantially in the form attached to Xxx Decl., Exhibit B, Notice shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination , that there is a pending settlement, and to further inform Settlement Class Members how they may: (i) protect their rights regarding the settlement; (ii) request exclusion from the Settlement Class and the proposed settlement, if desired; (iii) object to any aspect of the Notice shall be proposed settlement, if desired; and (iv) participate in the responsibility of the Settlement AdministratorFinal Approval Hearing, if desired. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class.
ii. It Dissemination of the Notice shall be pasted into the body responsibility of the email, not Settlement Administrator. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. XxxxxxExhibit A.
iii. Within seven (B) Within thirty (307) days after entry the Settlement Administrator receives the Class List, individual notice shall be sent via US Mail to the Settlement Class Members in the form of a Postcard Notice, the Preliminary Approval Ordertext of which shall be agreed upon the Parties. The Postcard Notice shall direct the Settlement Class Members to the website described below, where the Settlement Class Members can access the Long-form Notice. For all Postcard Notice mailings returned as undeliverable, the Settlement Administrator shall send perform one reverse look-up to all Class Members, via email where possible find updated addresses and via U.S. Mail where ewill cause the Postcard Notice mailing to be re-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by mailed once to those members of the Settlement AdministratorClass.
iv. Within seven (7) days after the Settlement Administrator receives the Class List, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain establish a settlement website containing pertinent case documentation, including a copy of the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverableComplaint, the Settlement Agreement, Preliminary Approval Order, and shall attempt a rethe Long-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreementform Notice.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibits C, D and E attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement Members, inclusive of Direct Employees, Former Employees, and will also advise them of the opportunity Temporary Workers, prior to object to or opt-out, and/or to appear at the Final Approval Hearing, that there is a pending settlement, and to further inform Settlement Class Members how they may: (a) obtain a copy of the Claim Form if they are a Former Employee or Temporary Worker; (b) protect their rights regarding the Settlement; (c) request exclusion from the Settlement Class and the proposed Settlement, if desired; (d) object to any aspect of the proposed Settlement, if desired; and (e) participate in the Final Approval Hearing, if desired. The Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class. Notice to Direct Employees shall advise that they need not submit a claim form and shall be substantially in the form of Exhibit E.
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It Parties and shall be pasted into substantially in the body forms attached as Exhibits C, D and E hereto.
c. Individual notice (substantially in the form of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(BExhibit C) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email where possible and be sent via U.S. Mail where e-mail delivery is not possible and where Defendant has or obtains a last-known mailing address or the address information can be determined by the Settlement Administrator, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and individual notice sent via U.S. Mail where e-mail delivery is not possible, shall display a Class Notice PIN number specific to any each Settlement Class Member who contacts to be used when submitting a claim via the Settlement Administrator during the time period between the initial mailing Website.
d. The Settlement Administrator, or Class Counsel, shall also post an advertisement or notice on social media and/or in a local newspaper to provide notice of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sentsettlement. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan such advertising shall not exceed $1,500 and all Administrative Expenses shall be paid by Defendantout of the Settlement Fund.
e. Notice of the settlement (Esubstantially in the form of Exhibit D) No later than twenty shall be posted to the Settlement Website within twenty-one (2021) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice entry of the proposed Settlement in accordance with this SectionPreliminary Approval Order.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form attached to Xxx Decl., Exhibit Bof Exhibits B and C attached, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing, that there is a pending settlement, and to further inform Settlement Class Members how they may:
(a) protect their rights regarding the Settlement; (b) request exclusion from the Settlement Class and the proposed Settlement, if desired; (C) object to any aspect of the proposed Settlement, if desired; and (d) participate in the Final Approval Hearing, if desired. The Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class.
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It Parties and shall be pasted into substantially in the body forms attached as Exhibits B and C.
c. Individual notice (substantially in the form of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(Exhibit B) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email where possible and be sent via U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator. Prior to mailing, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain shall run the correct email address Class Members’ addresses through the U.S. Postal Service’s National Change of Address database and last known mail the Notice using the most current mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to information. For any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class whose Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after without a forwarding address, the first delivery, as well as Settlement Administrator shall promptly conduct a firm level skip trace and re-send the Notice per the address (if any) determined by the skip trace. For any such Class Member whose Notice is returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgmenta forwarding address, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided shall promptly re-mail the Class with notice Notice using the forwarding address.
d. Notice of the proposed settlement (substantially in the form of Exhibit C) shall be posted to the Settlement in accordance with this SectionWebsite by the Notice Date.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form attached to Xxx Decl., of Exhibit BA hereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination of , that there is a pending settlement, and to further (a) inform Settlement Class Members as to the Notice shall be the responsibility terms of the Settlement Administratorand their rights under it; (b) request exclusion from the Settlement Class and the proposed Settlement, if desired; (c) object to any aspect of the proposed settlement, if desired; (d) submit change-of-address or electronic payment requests on the Settlement Website; and (e) participate in the Final Approval Hearing, if desired. The Notice shall make clear that Settlement Shares will be sent automatically to each Settlement Class Member who does not file a request for exclusion from the Settlement, the amount of the requested Service Award and Fee Award, and the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement Class. It .
b. Dissemination of the Notice shall occur directly via U.S. Postal Mail and e- mail (where available) to each Settlement Class Member, and shall be pasted into the body responsibility of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(B) Within thirty (30) days after entry Settlement Administrator. Prior to dissemination of the Preliminary Approval OrderNotice via U.S. Postal Mail, the Settlement Administrator shall send to all Class Members, via email where possible and via U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps measures (including utilize the National Change of Address directory and any other proprietary or public databases or systems) to obtain confirm that the correct email postal address and last known mailing for each Settlement Class Member on the Class List is the correct, current address of any for that Settlement Class Members for whom a Notice is undeliverableMember, and shall attempt a re-distribution to update any outdated addresses on the Class Member for whom List with the current addresses it obtains more recent contact informationlocates. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as Exhibit A hereto.
c. Notice of the Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts be posted on the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this AgreementWebsite.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of that attached to Xxx Decl., Exhibit Bas Exhibits hereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination , that there is a pending settlement, and to further inform Settlement Class Members how they may:
(i) protect their rights regarding the settlement; (ii) request exclusion from the Settlement Class and the proposed settlement, if desired; (iii) object to any aspect of the Notice shall be proposed settlement, if desired; and (iv) participate in the responsibility of the Settlement AdministratorFinal Approval Hearing, if desired. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It .
b. Dissemination of the Notice in the form of that attached as an Exhibit shall be pasted into the body responsibility of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
Settlement Administrator and shall be commenced within twenty-one (B) Within thirty (3021) days after entry of the Preliminary Approval Order, . The text of the Notices shall be agreed upon by the Parties and shall be substantially in the forms attached as Exhibits hereto. Dissemination of the Claim Forms shall also be the responsibility of the Settlement Administrator Administrator. The Claim Forms shall send to all Class Members, be made available on the Settlement Website.
c. Individual Notice shall be sent via email where possible and via first-class U.S. Mail (substantially in the form of the Exhibit) where e-mail delivery is not possible and where Defendant has Defendants have a last-known mailing address or the address information can be determined by the Settlement Administrator.
d. Notice of the settlement (substantially in the form of the Exhibit) shall be posted on the Settlement Website within twenty-one (21) days of the entry of the Preliminary Approval Order.
e. On a rolling basis, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all make reasonable steps efforts in accordance with customary practice to obtain update addresses and information about Settlement Class Members, and provide updates to Counsel. These efforts may include obtaining current addresses through a “skip trace” search through the correct email address and last known mailing address National Change of Address database for any Settlement Class Members for whom a whose Notice or settlement check is returned as undeliverable, and shall attempt reissuing checks, after verification, where updated mailing addresses are provided by a re-distribution to any Settlement Class Member for whom it obtains more recent contact information. The or a Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to indicates he or she has not received a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreementcheck.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) i. The Class Notice, which shall be substantially in the form attached to Xxx Decl., Exhibit B, Notice shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination , that there is a pending settlement, and to further inform Settlement Class Members how they may: (i) protect their rights regarding the settlement, including the process for submitting claims for the Low- Balance Settlement Subclass Members; (ii) request exclusion from the Settlement Class and the proposed settlement, if desired; (iii) object to any aspect of the Notice shall be proposed settlement, if desired; and (iv) participate in the responsibility of the Settlement AdministratorFinal Approval Hearing, if desired. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class.
ii. It Dissemination of the Notice shall be pasted into the body responsibility of the email, not Settlement Administrator. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. XxxxxxExhibit A.
iii. Within seven (B) Within thirty (307) days after entry the Settlement Administrator receives the Class List, individual notice shall be sent via US Mail to the Settlement Class Members in the form of a Postcard Notice, the Preliminary Approval Ordertext of which shall be agreed upon the Parties. The Postcard Notice shall direct the Settlement Class Members to the website described in subparagraph 57(b)(iv) below, where the Settlement Class Members can access the Long-form Notice (substantially in the form of Exhibit A for the Low-Balance Settlement Subclass Members and substantially in the form of Exhibit B for the High-Balance Settlement Subclass Members). For all Postcard Notice mailings returned as undeliverable, the Settlement Administrator shall send perform one reverse look-up to all Class Members, via email where possible find updated addresses and via U.S. Mail where ewill cause the Postcard Notice mailing to be re-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by mailed once to those members of the Settlement AdministratorClass.
iv. Within seven (7) days after the Settlement Administrator receives the Class List, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain establish a settlement website containing pertinent case documentation, including a copy of the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverableComplaint, the Settlement Agreement, Preliminary Approval Order, and shall attempt a rethe Long-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreementform Notice.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibits C through E attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing, that there is a pending settlement and to further inform Settlement Class Members how they may (a) obtain a copy of the Claim Form; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Class and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Final Approval Hearing, if desired. The Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata share of the Settlement Fund, up to a maximum amount of Five Hundred Dollars ($500) per claimant. Additionally, the Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class. FILED DATE: 11/18/2019 1:44 PM 2019CH08517
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It Parties and shall be pasted into substantially in the body forms attached as Exhibits C through E hereto.
c. Individual notice shall be sent via e-mail (substantially in the form of Exhibit C) to the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(B) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email List where possible and via U.S. Mail (substantially in the form of Exhibit D) where e-mail delivery is not possible and where Defendant has Defendants have a last-known mailing address or the address information can be determined by the Settlement Administrator, .
d. Notice of the Court approved Notices settlement (substantially in the form of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and Exhibit E) shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts be posted on the Settlement Administrator during the time period between the initial mailing Website within twenty-one (21) days of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost entry of the above Notice Plan and all Administrative Expenses shall be paid by DefendantPreliminary Approval Order.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibits C, D, and E attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing, that there is a pending settlement, and to further inform Settlement Class Members how they may: (a) obtain a copy of the Claim Form; (b) protect their rights regarding the Settlement; (c) request exclusion from the Settlement Class and the proposed Settlement, if desired; (d) object to any aspect of the proposed Settlement, if desired; and (e) participate in the Final Approval Hearing, if desired. The Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class.
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect Parties and shall be substantially in the forms attached as Exhibits C, D, and E hereto.
c. Short Form Individual notice (substantially in the form of Exhibit C) shall be sent by the Notice Date via U.S. Mail to individuals on the XxxXxx.xxx Account List.
d. Notice of the Settlement (substantially in the form of Exhibits C and D) shall be posted on the Settlement Website by the Notice Date.
e. The first round of Email Notice of the settlement (substantially in the form of Exhibit E) shall be sent by the Notice Date via email to all Settlement Class Members on the XxxXxx.xxx Account List to the last email addresses they provided to Defendant. The second round of Email Notice shall be sent via email to all persons Settlement Class Members on the XxxXxx.xxx Account List who do not timely request exclusion from the Settlement Class. It shall be pasted into the body file claims within sixty (60) days of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. XxxxxxNotice Date.
(B) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email where possible and via U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. f. The Settlement Administrator shall also email where possible design and via U.S. Mail where econduct an internet advertisement publication notice program on Facebook and Instagram that is sufficient to reach eighty-mail delivery is not possible, a Class Notice to any Class Member who contacts five percent (85%) of the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their over a sixty (60) day period. This internet advertisement publication notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No commence no later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this SectionNotice Date.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibit C and Exhibit D attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing, that there is a pending settlement and to further inform Settlement Class Members how they may (a) obtain a copy of the Claim Form; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Class and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Final Approval Hearing, if desired. The Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata share of the Settlement Fund. Additionally, the Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class.
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It Parties and shall be pasted into substantially in the body forms attached as Exhibits C and D hereto.
c. Individual notice (substantially in the form of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(BExhibit C) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email where possible and be sent via U.S. Mail mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator. Prior to disseminating notice pursuant to paragraph 74(a), the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via perform an address look-up using public databases, including the U.S. Mail where e-mail delivery is not possiblePost Office’s change of address database, a Class Notice to any determine Class Member who contacts mailing addresses.
d. Notice of the settlement (substantially in the form of Exhibit D) shall be posted on the Settlement Website within twenty-one (21) days of the entry of the Preliminary Approval Order.
e. Publication notice shall also be conducted by the Settlement Administrator during the time period between the initial mailing of the online in an amount sufficient to generate more than 1 million impressions to potential Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this AgreementMembers.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibits C and D attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing, that there is a pending settlement, and to further inform Settlement Class Members how they may: (a) obtain a copy of the Claim Form; (b) protect their rights regarding the Settlement; (c) request exclusion from the Settlement Class and the proposed Settlement, if desired; (d) object to any aspect of the proposed Settlement, if desired; and (e) participate in the Final Approval Hearing, if desired. The Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class.
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It Parties and shall be pasted into substantially in the body forms attached as Exhibits C and D hereto.
c. Individual notice (substantially in the form of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(BExhibit C) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email where possible and be sent via U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator. Prior to mailing, the Court approved Notices Claims Administrator shall run the Class Members’ addresses through the U.S. Postal Service’s National Change of Proposed Settlement of Class Action Lawsuit Address database and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain mail the correct email address and last known Notice using the most current mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to information. For any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class whose Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after without a forwarding address, the first delivery, as well as Settlement Administrator shall promptly conduct a firm level skip trace and re-send the Notice per the address (if any) determined by the skip trace. For any such Class Member whose Notice is returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgmenta forwarding address, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided shall promptly re-mail the Class with notice Notice using the forwarding address.
d. Notice of the proposed settlement (substantially in the form of Exhibit D) shall be posted to the Settlement in accordance with this SectionWebsite within sixty (60) days of entry of the Preliminary Approval Order.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibits A and B attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination , that there is a pending settlement, and to further inform Settlement Class Members how they may: (i) protect their rights regarding the settlement; (ii) request exclusion from the Settlement Class and the proposed settlement, if desired; (iii) object to any aspect of the Notice shall be proposed settlement, if desired; and (iv) participate in the responsibility of the Settlement AdministratorFinal Approval Hearing, if desired. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It .
b. Dissemination of the Notice in the form of Exhibit A shall be pasted into the body responsibility of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
Settlement Administrator and shall be commenced within twenty-one (B) Within thirty (3021) days after entry of the Preliminary Approval Order, . The text of the Notices shall be agreed upon by the Parties and shall be substantially in the forms attached as Exhibit A and Exhibit B hereto. Dissemination of the Claim Forms shall also be the responsibility of the Settlement Administrator Administrator. The Claim Forms shall send to all Class Members, via email where possible and be made available on the Settlement Website.
c. Individual Notice shall be sent via U.S. Mail (substantially in the form of Exhibit A) where e-mail delivery is not possible and where Defendant has the Facility Defendants have a last-known mailing address or the address information can be determined by the Settlement Administrator.
d. Notice of the settlement (substantially in the form of Exhibit B) shall be posted on the Settlement Website within twenty-one (21) days of the entry of the Preliminary Approval Order.
e. On a rolling basis, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all make reasonable steps efforts in accordance with customary practice to obtain provide Notice to the correct email address Settlement Class, update addresses and last known mailing address information about Settlement Class Members, and provide updates to Counsel. These efforts may include obtaining current addresses through a “skip trace” search through the National Change of Address database for any Settlement Class Members for whom a whose Notice or settlement check is returned as undeliverable, and shall attempt reissuing checks, after verification, where updated mailing addresses are provided by a re-distribution to any Settlement Class Member for whom it obtains more recent contact information. The or a Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to indicates he or she has not received a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreementcheck.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form of Exhibits C and D attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing Settlement Class Members about this prior to the Final Approval Hearing that there is a pending settlement and to further inform Settlement and will also advise them Class Members how they may
(a) obtain a copy of the opportunity to Claim Form for review and submittal; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Class and the proposed settlement, if desired; (d) object to or opt-outany aspect of the proposed settlement, and/or to appear at if desired; and (e) participate in the Final Approval Hearing, if desired. The Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata payment from the Settlement Fund, following the deduction of: (i) any award of attorneys’ fees, costs, and expenses; (ii) any incentive award to the named Plaintiffs; and (iii) the costs of notice and administration. Additionally, the Notice shall make clear the binding effect of the Settlement on all persons who do not timely request exclusion from the Settlement Class.
b. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall make clear be agreed upon by the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. It Parties and shall be pasted into substantially in the body of forms attached as Exhibits C and D hereto.
c. Prior to disseminating Notice, in addition to the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(B) Within thirty (30) days after entry of the Preliminary Approval Orderprocess set forth above in paragraph 75, the Settlement Administrator shall send shall, using the Class List, perform a reverse address lookup, as needed, to all determine current mailing address information for the Settlement Class Members, via email where possible and . Short Form individual notice (substantially in the form of Exhibit C) shall be sent via U.S. Mail mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator, Administrator from the Court approved Notices Class List and/or reverse address lookup.
d. Notice of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during (substantially in the time period between the initial mailing form of the Class Notice Exhibits C and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from posted on the Settlement Administrator confirming that it has provided Website by the Class with notice of the proposed Settlement in accordance with this SectionNotice Date.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) i. The Class Notice, which shall be substantially in the form of Exhibit A attached to Xxx Decl., Exhibit Bhereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination , that there is a pending settlement, and to further inform Settlement Class Members how they may: (i) protect their rights regarding the settlement; (ii) request exclusion from the Settlement Class and the proposed settlement, if desired; (iii) object to any aspect of the Notice shall be proposed settlement, if desired; and (iv) participate in the responsibility of the Settlement AdministratorFinal Approval Hearing, if desired. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class.
ii. It Dissemination of the Notice shall be pasted into the body responsibility of the email, not Settlement Administrator. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. XxxxxxExhibit A.
iii. Within fourteen (B) Within thirty (3014) days after of entry of the Preliminary Approval Order, individual notice shall be sent via US Mail and e-mail (if available) (substantially in the form of Exhibit A). For all mailings returned as undeliverable, the Settlement Administrator shall perform a reverse look-up to find updated addresses and will cause the Notice mailing to be re-mailed to those members of the Settlement Class. Defendant will also post the notice at each job site.
iv. Within fourteen (14) days of entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Memberswill establish a settlement website containing pertinent case documentation, via email where possible and via U.S. Mail where e-mail delivery is not possible and where Defendant has including a last-known mailing address or copy of the address information can be determined by Complaint, the Settlement AdministratorAgreement, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Preliminary Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverableOrder, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this AgreementNotice.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form attached to Xxx Decl., of Exhibit BA hereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination of , that there is a pending settlement, and to further (a) inform Settlement Class Members as to the Notice shall be the responsibility terms of the Settlement Administratorand their rights under it; (b) request exclusion from the Settlement Class and the proposed Settlement, if desired; (c) object to any aspect of the proposed settlement, if desired; (d) submit change-of-address or electronic payment requests on the Settlement Website; and (e) participate in the Final Approval Hearing, if desired. The Notice shall make clear that Settlement Shares will be sent automatically to each Settlement Class Member who does not file a request for exclusion from the Settlement, the amount of the requested Service Award and Fee Award, and the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement Class. It .
b. Dissemination of the Notice shall occur directly via U.S. Postal Mail to each Settlement Class Member, and shall be pasted into the body responsibility of the email, not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(B) Within thirty (30) days after entry Settlement Administrator. Prior to dissemination of the Preliminary Approval OrderNotice via U.S. Postal Mail, the Settlement Administrator shall send to all Class Members, via email where possible and via U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps measures (including utilize the National Change of Address directory and any other proprietary or public databases or systems) to obtain confirm that the correct email postal address and last known mailing for each Settlement Class Member on the Class List is the correct, current address of any for that Settlement Class Members for whom a Notice is undeliverableMember, and shall attempt a re-distribution to update any outdated addresses on the Class Member for whom List with the current addresses it obtains more recent contact informationlocates. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as Exhibit A hereto.
c. Notice of the Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts be posted on the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this AgreementWebsite.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
Appears in 1 contract
Samples: Settlement Agreement
Type of Notice Required. (A) a. The Class Notice, which shall be substantially in the form attached to Xxx Decl., of Exhibit BA hereto, shall be used for the purpose of informing proposed Settlement Class Members about this Settlement and will also advise them of the opportunity Members, prior to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination of , that there is a pending settlement, and to further (a) inform Settlement Class Members as to the Notice shall be the responsibility terms of the Settlement Administratorand their rights under it; (b) request exclusion from the Settlement Class and the proposed Settlement, if desired; (c) object to any aspect of the proposed settlement, if desired; (d) submit change-of-address or electronic payment requests on the Settlement Website; and (e) participate in the Final Approval Hearing, if desired. The Notice shall make clear that Settlement Shares will be sent automatically to each Settlement Class Member who does not file a request for exclusion from the Settlement, the amount of the requested Service Award and Fee Award, and the binding effect of the settlement Settlement and release of Released Claims on all persons who do not timely request exclusion from the Settlement Class. It FILED DATE: 5/6/2022 3:09 PM 2021CH00177
b. Dissemination of the Notice shall occur directly via U.S. Postal Mail and e- mail (where available) to each Settlement Class Member, and shall be pasted into the body responsibility of the emailSettlement Administrator. Prior to dissemination of the Notice via U.S. Postal Mail, the Settlement Administrator shall take reasonable measures (including utilizing the National Change of Address directory and any other proprietary or public databases or systems) to confirm that the postal address for each Settlement Class Member on the Class List is the correct, current address for that Settlement Class Member, and shall update any outdated addresses on the Class List with the current addresses it locates. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as Exhibit A hereto.
c. Notice of the Settlement shall also be posted on the Settlement Website.
d. In the event that a Settlement Class Member’s Notice is returned as undeliverable, the Settlement Administrator shall take reasonably available additional measures to locate a correct postal address for that Settlement Class Member, and shall redeliver such Settlement Class Member’s Notice to the alternative postal address. The Settlement Administrator’s attempts to redeliver notice shall not as an attachment : Please Read Regarding Court Ordered Xxxxxx Xxxxxxxxx x. X.X. Xxxxxx
(B) Within thirty (30) days after affect the Objection/Exclusion Deadline, which shall run from the date of the Court’s entry of the Preliminary Approval Order, the Settlement Administrator shall send to all Class Members, via email where possible and via U.S. Mail where e-mail delivery is not possible and where Defendant has a last-known mailing address or the address information can be determined by the Settlement Administrator, the Court approved Notices of Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any Class Members for whom a Notice is undeliverable, and shall attempt a re-distribution to any Class Member for whom it obtains more recent contact information. The Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Administrator will notify Class Counsel and Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in this Agreement.
(C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval.
(D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant.
(E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.
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Samples: Settlement Agreement