Notice to the Class Members Clause Samples

Notice to the Class Members. 46. Within twenty-one (21) days after the Court’s entry of its order granting preliminary approval, Defendant will provide the Settlement Administrator with the names, last- known addresses, phone numbers, Social Security numbers, and the number of Piece Rate Hours, as that term is defined in the Claim Form, of the Class Members as appearing in Defendant’s business records. 47. The Settlement Administrator shall send the Class Notice to the Class Members in the form attached as Exhibit A, as well as the Claim Form attached as Exhibit B, by first class mail within thirty (30) days after receiving the Class Member information from Defendant. 48. The Settlement Administrator will use reasonable tracing to verify the accuracy of the addresses before the initial mailing to ensure that the Class Notice and Claim Form are sent to Class Members at the addresses most likely to result in prompt receipt. It will be conclusively presumed that, if an envelope so mailed has not been returned within thirty (30) days of the mailing, the Class Member received the Class Notice and Claim Form. With respect to envelopes returned as undeliverable, the Settlement Administrator will use reasonable diligence to obtain a current address and re-mail the envelope to such address. With respect to any returned envelopes with forwarding addresses, the Settlement Administrator will forward the envelopes to the given addresses promptly.

Notice to the Class Members. Within twenty-five (25) days of the Preliminary Approval Date, the Claims Administrator shall arrange for the distribution of the Summary Notice to all Class Members by doing the following: (1) publishing the notice in the following three weekly newspapers immediately upon the beginning of the eighty (80) day notice period, and again three weeks before the conclusion of the notice period – LA Weekly, OC Weekly and San Diego Reader; (2) publishing the notice on each of Defendants’ websites and providing a link to the settlement website on each of Defendants’ websites– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇; ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇; ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇; ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇; and ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇; (3) sending an email notice to each recipient on Defendants’ customer email list; (4) displaying a sign at the front entrance and at the hostess station and/or first point of contact of each of Defendants’ restaurants throughout the eighty (80) day claims period, that contains the notice language in the attached Exhibit B, and (5) provide flyers with the notice language in the attached Exhibit B at the location of the notice signs at the hostess station and/or first point of contact of each of Defendants’ restaurants throughout the eighty (80) day claims period. In addition, the Claims Administrator shall post the Notice, the operative complaint in the Action, this Agreement, the Order Granting Preliminary Approval of Class Action Settlement and Provisional Class Certification, on the claims website. The Parties’ will agree on the content of notice to be submitted to the Court for approval.

Notice to the Class Members. 38. Within thirty (30) days after the Court’s entry of its order granting preliminary approval of this Settlement, Defendant will provide the Settlement Administrator with the names, last known addresses, phone numbers, Social Security numbers, and the number of Weeks Worked during the Class Period for the Class Members. 39. The Settlement Administrator will use reasonable tracing to verify the accuracy of the addresses before the initial mailing to ensure that the Notice is sent to Class Members at the addresses most likely to result in prompt receipt. It will be conclusively presumed that if an envelope so mailed has not been returned within thirty (30) days of the mailing that the Class Member received the Notice. With respect to envelopes returned as undeliverable, the Settlement Administrator will use reasonable diligence to obtain a current address and re-mail the envelope to such address. 40. Class Counsel shall provide the Court, at least five (5) court days prior to the final approval hearing, a declaration by the Settlement Administrator specifying the due diligence it has undertaken with regard to the mailing of the Notice.

Notice to the Class Members. If the Court enters a preliminary approval order, notice of this Agreement shall be provided within ten (10) days of Preliminary Approval, in the following manner: (a) A Notice consistent with Exhibit B shall be published in The Detroit Free Press and The Detroit News, and shall remain published in each for no less than seven consecutive (7) days. (b) The Class Administrator shall post the Notice consistent with Exhibit A on the website established by the Claims Administrator. (c) For the entire Claims Period, Defendant will provide: (i) Notice consistent with Exhibit C pinned to the top of Paradies Lagardère’s Facebook page (with a link to the settlement website); (ii) Notice consistent with Exhibit D printed on receipts given to patrons of the restaurants referred to in paragraph 2.11. (d) Upon objection by an airport authority, landlord, licensor, franchisor, or other third party with standing to object to the implementation of any part of this Section 6.2, Defendant will first attempt to negotiate a resolution with the objecting party consistent with the Parties’ intent as expressed in this Agreement, and Class Counsel shall reasonably cooperate with the same. Failing such negotiated resolution, the Parties shall work together in good faith to identify reasonable alternatives consistent with the Parties’ intent as expressed in this Agreement and, if required by law, to jointly seek Court approval of such alternatives.