NOTICE TO THE SETTLEMENT CLASS. 4.1 The Notice Plan shall consist of the following:
NOTICE TO THE SETTLEMENT CLASS. The Settlement Administrator shall provide Class Notice in the forms approved by the Court, as detailed below, no later than the Notice Deadline.
NOTICE TO THE SETTLEMENT CLASS. (a) The Settlement Administrator shall send the Notice to all Settlement Class members as specified by the Court in the Preliminary Approval/Notice Order.
(b) To facilitate the delivery of Notice, Defendant shall provide to the Settlement Administrator a complete list of Settlement Class Members, including address information and number of Retry NSF Fees.
(c) A Postcard Notice (Exhibit 1) shall be mailed by first class United States mail to the last mailing addresses available in Defendant’s records for each Settlement Class Member. Defendant shall provide the Settlement Administrator with last known mailing addresses for those Settlement Class members. The Settlement Administrator shall run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. The Postcard Notice shall inform Settlement Class members how they may request a copy of the Long Form Notice (Exhibit 2).
(d) The Settlement Administrator shall maintain a database showing mail addresses to which each Notice was sent and any Notices that were not delivered by mail. A summary report of the Notice shall be provided to the Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party without a court order.
(e) The Notices shall be in a form approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1-2. The parties may by mutual written consent make non-substantive changes to the Notices without Court approval.
(f) The Settlement Administrator shall also maintain a Settlement website providing important information to Settlement Class members, including access to the Long Form Notice.
(g) All reasonable costs associated with publi...
NOTICE TO THE SETTLEMENT CLASS. The Settlement Administrator shall be responsible for implementing Notice to the Settlement Class in the manner described in this Settlement Agreement.
NOTICE TO THE SETTLEMENT CLASS. 65. Within 45 days of entry of the Preliminary Approval of the Settlement, Defendant will provide the Class Data, including all last-known physical addresses obtained from a reasonable search of its computer/electronic databases for all potential Settlement Class Members to the Settlement Administrator and to Class Counsel. Additionally, Defendants shall identify which Settlement Class Members are potentially entitled to Fees only, which are potentially entitled to Fees and Sales Tax, and which are potentially entitled to Fees, Sales Tax and CRA Sales Tax.
66. Within 75 days of the Preliminary Approval of the Settlement, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Settlement Class may exclude themselves from or “opt-out” of the Settlement Class; a date by which the Settlement Class may object to the Settlement; the means by which the Settlement Class may submit Claim Forms and the date upon which Claim Forms must be submitted; the date upon which the Final Approval Hearing is scheduled to occur; and the address of the Settlement Website at which the Settlement Class may access this Agreement and other related documents and information. Class Counsel and Defendants shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. Notices provided under or as part of the Notice Program shall not bear or include the Defendants’ logos or trademarks or the return address of Defendants or otherwise be styled to appear to originate from Defendants.
67. The Notice shall include the opt-out procedures. A member of the Settlement Class may opt-out of the Settlement Class at any time on or before the Opt-Out Deadline, provided the opt- out notice is postmarked no later than the Opt-Out Deadline. Any member of the Settlement Class who does not timely and validly request to opt-out shall be bound by the terms of this Agreement.
68. The Notice also shall include a procedure for the Settlement Class to object to the Settlement and/or to Class Counsel’s application for Class Counsel Fees and Costs and/or the Service Awards for the Class Representatives. Objections to the Settlement, to the application for Class Counsel Fees and Costs and/or to the Ser...
NOTICE TO THE SETTLEMENT CLASS. The Court finds that the Notice Program, set forth in the Settlement and effectuated pursuant to the Preliminary Approval Order, satisfied Rule 23(c)(2), was the best notice practicable under the circumstances, was reasonably calculated to provide and did provide due and sufficient notice to the Settlement Class of the pendency of the Litigation, certification of the Settlement Class for settlement purposes only, the existence and terms of the Settlement, their right to exclude themselves, their right to object to the Settlement and to appear at the Final Approval Hearing, and satisfied the other requirements of the Federal Rules of Civil Procedure, the United States Constitution, and all other applicable laws.
NOTICE TO THE SETTLEMENT CLASS. 8.1. Upon Preliminary Approval, and as the Court may direct, each Settling Defendant shall cause notice of the settlement embodied herein (the "Initial Notice") to be given to the members of the Settlement Class.
8.2. The Initial Notice to Settlement Class members shall inform them as follows: The allocation of the Settlement Fund to specific uses or among particular claimants has not been determined. Future allocation and distribution of the Settlement Fund will be administered by the Settlement Fund Board. The Board shall be comprised of representatives appointed by the Attorneys General of certain settling states and by Settlement Class Counsel with the approval of the Court, and it shall include representatives of the public health community. The Board shall be responsible for recommending and implementing guidelines and procedures for the administration of claims. The Settlement Agreement does not specify any particular allocation of Settlement proceeds. Settlement Class members will be given notice and an opportunity to be heard and make suggestions regarding allocation before any final allocation or distribution decisions are made.
8.3. The Initial Notice, in a form to be approved by the Court, shall be disseminated as provided in this Section 8 over the course of a period not to exceed ninety (90) days from the Initial Notice Date, subject to approval by the Court.
8.4. At the end of each successive three-year interval during the term of this Agreement ("Subsequent Notice Dates"), each Settling Defendant shall cause notice of the settlement embodied herein (the "Subsequent Notice") to be given to the members of the Settlement Class.
8.5. Each Subsequent Notice, in a form to be approved by the Court, shall be disseminated over the course of four periods each not to exceed sixty (60) days from each applicable Subsequent Notice Date.
NOTICE TO THE SETTLEMENT CLASS. 15. The Court has reviewed and approves the Publication Notice, the content of which is without material alteration from Exhibit A to the Amended Settlement Agreement and directs that Publication Notice be published as set forth in the Xxxxxxx Declaration.
16. The Court has reviewed and approves the Long-Form Notice, the content of which is without material alteration from Exhibit B to the Amended Settlement Agreement and directs that the Long-Form Notice be distributed as set forth in the Xxxxxxx Declaration.
17. The Court approves the creation of the Settlement Website, which shall include, at a minimum, downloadable copies of the Publication Notice, Long-Form Notice, and Settlement Agreement, and shall be maintained in accordance with the provisions of the Amended Settlement Agreement. The Court also directs that the NCAA shall provide notice to the Settlement Class via the NCAA’s website, as well as the NCAA’s Facebook pages and Twitter accounts.
18. The Court finds that the proposed Notice (i) is reasonable and constitutes due, adequate and sufficient notice to all Persons entitled to receive notice, (ii) fairly and adequately describes the terms and effects of the Amended Settlement Agreement, (iii) fairly and adequately describes the date by which Settlement Class Counsel must file the Motion For Final Approval, and Motion For Award of Attorneys’ Fees and Expenses, (iv) fairly and adequately describes the method and date by which any member of the Settlement Class may object to or comment upon the Amended Settlement or exclude themselves from the Settlement Class, (v) sets a date by which Settlement Class Counsel may respond to any objections to the Amended Settlement,
NOTICE TO THE SETTLEMENT CLASS. The Court finds that the notice proposed in the Settlement Agreement, including in form, content and method: (a) constitutes the best practicable notice to the Settlement Class; (b) is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the action, the terms of the proposed Settlement, and their rights under the proposed Settlement; (c) is reasonable and constitutes due, adequate, and sufficient notice to those persons entitled to receive notice; and (d) satisfies the requirements of Rule 23, the constitutional requirement of due process, and any other legal requirements. The Court further finds that the notices are written in plain language, use simple terminology, and are designed to be readily understandable by Settlement Class Members.
NOTICE TO THE SETTLEMENT CLASS. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order.
