Distribution of Notices By Mail and Email. Within the time periods set forth above, the Settlement Administrator shall: (1) compile and distribute to members of the FLSA Collective who are not members of the State Settlement Classes a notice of the Parties’ proposed settlement in the form attached as Tab A (the FLSA-Only Settlement Collective’s “Settlement Notice”); (2) compile and distribute to members of the FLSA Collective who are also members of the State Settlement Classes a notice of the Parties’ proposed settlement in the form attached as Tab B (the FLSA and State Settlement Class member Collective’s “Settlement Notice”); (3) compile and distribute to non-opt in Plaintiffs, who are members of the State Settlement Classes and thereby eligible to become members of the FLSA Settlement Collective by timely returning a Claim form, a notice and opportunity to file an FLSA claim and notice of the Parties’ proposed settlement and information on opt-out exclusion and binding releases upon receipt of Settlement Checks in the form attached as Tab C (the State Settlement Classes’ “Settlement Notice”); and (4) as set forth above after 45 days following initial distribution of Settlement Checks, compile and distribute a reminder notice to any individual whose Settlement Checks remain uncashed, in the form attached as Tab D (“Reminder Notice”). The Settlement Administrator shall send such notices by certified First Class U.S. Mail and email (where known) to each member of the FLSA Collective and State Settlement Classes at such individuals’ last known addresses pursuant to the procedure for ensuring maximum delivery accuracy set forth above. Any settlement mailing returned to the Settlement Administrator with a forwarding address shall be re-mailed by the Settlement Administrator within three (3) business days following receipt of the returned mail. The Settlement Administrator shall notify Academy and Class Counsel of any mailings returned as undeliverable without a forwarding address, and Academy shall promptly provide the Settlement Administrator with the intended recipient’s Social Security Number and, if known from its personnel records, telephone number and any email addresses not previously provided. The Settlement Administrator shall then undertake reasonable efforts such as skip traces to search for the correct address, and shall promptly re-mail the settlement notice packet to any newly found addresses.
