Settlement Administration. A. Within twenty-one (21) days of the execution of this Agreement, Defendants will provide a list of the name, last known U.S. Mail address, and email address, to the extent available, of each Class Member (the “Class List”) to the Settlement Administrator, with a copy to Class Counsel. The Class List shall be designated as Confidential and used only for purposes of this Settlement, including settlement administration, and shall be destroyed by Class Counsel upon final distribution of the Settlement Amount, with a written confirmation of destruction provided to Defendants’ counsel. B. The Parties shall use reasonable and best efforts to ensure that no later than twenty- eight (28) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverable, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice. C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address. D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website. E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D. F. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.” G. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator. 1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid. 2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and signed by the claimant. H. To be timely, the Claim must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in their respective discretion, may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing. I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ business. J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants. K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal. L. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this Section. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, and telephone number, along with the statement “I wish to be excluded from the Nakai ▇. ▇▇▇▇▇▇
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. A. Within twenty-one seven (217) days after notice of the execution entry of this Agreementan order granting preliminary approval, Defendants Defendant will provide a list of to the Settlement Administrator an Excel spreadsheet that includes, for each Class Member, the individual’s name, last known U.S. Mail mailing address, and email address, address (to the extent available, of each Class Member such information is available in Defendant’s business records) (the “Class List”) to the Settlement Administrator, with a copy to Class Counsel). The Class List shall be designated as Confidential and used only for purposes of this Settlementsettlement, including settlement administration, and shall be destroyed by . Upon inquiry directly from a Class Member or potential Class Member to Class Counsel upon final distribution or the Settlement Administrator, the Settlement Administrator is authorized to provide to Class Counsel the name and contact information for such individual as reflected in the Class List, provided, however, that at least two business days before the Settlement Administrator provides any such information to Class Counsel, the Settlement Administrator shall notify Defendant’s counsel of the Settlement Amount, with a written confirmation of destruction provided to Defendants’ counselcontact.
B. The Parties shall use reasonable and best efforts to ensure that no No later than twenty- eight thirty-five (2835) days following after notice of entry of an order granting preliminary approval, or by such other date as the Preliminary Approval DateCourt may establish, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverableundeliverable so as to indicate that the email address is not valid, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. Class Counsel is authorized The Parties shall have the right to direct the Settlement Administrator to undertake dissemination of notice by different or additional steps to disseminate the Summary Class Noticemeans.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid mailing address, and if a new address is obtained, will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Second Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
F. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this section. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, and telephone number, along with the statement “I wish to be excluded from the ▇▇▇▇ v. Potpourri Group, Inc. Settlement” or words to that effect. Any request for exclusion must be personally signed by each person requesting exclusion. So-called “mass” or “class” opt-outs shall not be allowed. To be timely, the request for exclusion must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or email, the date of return will be the date the request for exclusion is received by the Settlement Administrator. Those Class Members who submit timely requests for exclusion will be referred to as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion shall be sent by regular mail, electronic mail, or hand-delivery to the Settlement Administrator, as follows: CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇; or to an email address to be established by the Settlement Administrator.
G. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator. Defendant will provide the Settlement Administrator with documents or data in its possession, custody, or control that are reasonably necessary to validate Claims. All such documents and data shall be Confidential and used only for implementation of the Settlement.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and signed by the claimant.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in their respective discretion, The parties may jointly direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ business.
J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants.
K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
L. Any Class Member who wishes to be excluded from object to the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by may do so in writing. To object to the Settlement Administrator as provided in this Section. The request for exclusion must be in writing, a Class Member must list file a written objection with the Court and serve copies of the objection on Class Counsel, Defendant’s counsel, and the Settlement Administrator, no later than the Claim/Exclusion/Objection Deadline. The written objection must set forth the name of the lawsuit (▇▇▇▇ v. Potpourri Group, Inc., Case No. 37-2020-00019745-CU- BT-CTL), the Class Member’s name, mailing address, and telephone number, along with and the statement following statement: “I declare under penalty of perjury that, to the best of my knowledge, between June 10, 2016 and February 15, 2022 I was enrolled in a PGI VIP program and was charged a membership fee for such program, and I wish to be excluded object to the Settlement.” The written objection must also state the factual and legal basis for the objection; the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the Nakai pursuit of the objection; and a statement indicating whether the objector intends to appear at the Final Approval Hearing. Any documents that the objecting Class Member wishes for the Court to consider must also be attached to the objection. Any written objection must be filed with the Court and served by mail as follows: (1) to the Settlement Administrator, at CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇; (2) to Defendant’s counsel, ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, LLP, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇; and (3) to Class Counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Dostart ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. The Settlement Administrator will promptly compare the information submitted by the objector against the Class List and advise Class Counsel and Defendant’s counsel whether it appears that the objector is in fact a Class Member. Class Counsel and Defendant will respond to any written objections, as appropriate, either in briefs filed in advance of the final approval hearing or at the final approval hearing.
M. Class Members who submit a valid claim and do not submit a timely and valid request for exclusion are referred to as the “Participating Class Members.” Only Participating Class Members will receive settlement payments under the Settlement, in accordance with Section VIII, below.
N. No later than ten (10) court days following the Claim/Exclusion/Objection Deadline, the Settlement Administrator will make available to Class Counsel and Defendant’s counsel a report identifying the name of each Excluded Class Member and each Class Member who has objected to the Settlement.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. A. Within twenty-one Defendant has provided to Class Counsel an Excel spreadsheet that includes (21) days of the execution of this Agreement, Defendants will provide a list of the name, last known U.S. Mail address, and email address, to the extent available, of each such information is available in Defendant’s business records) contact information for all Class Member Members (the “Database”). The Database is designated as “Confidential” and shall be used solely for purposes of settlement. Class List”) Counsel is authorized to provide the Database to the Settlement Administrator, with a copy to Class Counsel. The Class List shall be designated as Confidential and used only for purposes of this Settlement, including settlement administration, and shall be destroyed by Class Counsel upon final distribution of the Settlement Amount, with a written confirmation of destruction provided to Defendants’ counsel.
B. The Parties shall use reasonable and best efforts to ensure that no later than twenty- eight thirty- five (2835) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class ListDatabase. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List as appropriate. .
C. If any emailed Summary Class Notice documents are “bounced back” as undeliverable, then within fourteen (14) days after the Notice Date, the Settlement Administrator will endeavor to obtain alternative email addresses through commercially reasonable sources and will email a copy of the Summary Class Notice to any alternative email address so obtained; or, alternatively, to the extent the Database contains mailing address information for such Class Member, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA U.S. Postal Service’s National Change of Address (“NCOA”) database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. . For a period of twenty-one thirty (2130) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List anyone contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five sixty (4560) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
G. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s email address, mailing address address, and/or email address telephone number match information in the Class ListDatabase. The paper Any Claim Form must be completed and signed by the claimant.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in their respective discretion, discretion may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ businessclaims.
J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants.
K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
L. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this Sectionsection. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, email address, and telephone number, along with the statement “I wish to be excluded from the Nakai Sellers v. JustAnswer LLC Settlement” or words to that effect. Any request for exclusion must be personally signed by each person requesting exclusion. So-called “mass” or “class” opt-outs shall not be allowed. To be timely, the request for exclusion must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or email, the date of return will be the date the request for exclusion is received by the Settlement Administrator. Those Class Members who submit timely requests for exclusion will be referred to as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion shall be sent by regular mail, electronic mail, or hand-delivery to the Settlement Administrator, as follows: Sellers v. JustAnswer LLC Settlement Administrator, c/o CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇; email: .
M. Any Class Member who wishes to object to the Settlement may do so either orally or in writing. To object to the Settlement in writing, a Class Member must file a written objection with the Court and serve copies of the objection on Class Counsel, Defendant’s counsel, and the Settlement Administrator, no later than the Claim/Exclusion/Objection Deadline. Any written objection must set forth the name of the lawsuit (Sellers v. JustAnswer LLC, Case No. 37-2020- 00005869-CU-BT-CTL), the Class Member’s name, mailing address, email address, and telephone number, and the following statement: “I declare under penalty of perjury that, to the best of my knowledge, between January 31, 2016 and December 2, 2021, I was charged for JustAnswer’s membership program at the conclusion of a trial period, and I wish to object to the Settlement.” Any written objection must also state the factual and legal basis for the objection; the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation of submission of the objection or who may profit from the pursuit of the objection; and a statement indicating whether the objector intends to appear at the Final Approval Hearing. Any documents that the objecting Class Member wishes for the Court to consider must also be attached to the objection. Any written objection must be filed with the Court and served by mail as follows: (1) to the Settlement Administrator, at Sellers v. JustAnswer LLC Settlement Administrator, c/o CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇; (2) to Defendant’s counsel, ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇ | ▇▇▇ LLP, ▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; and (3) to Class Counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Dostart ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. The Settlement Administrator will promptly compare the information submitted by the objector against the Database and advise Class Counsel and Defendant’s counsel whether it appears that the objector is in fact a Class Member. Class Counsel and Defendant may respond to any written objections, as appropriate, either in briefs filed in advance of the Final Approval Hearing or at the Final Approval Hearing. Alternatively, any Class Member may present an objection to the Court orally at the Final Approval Hearing.
N. No later than ten (10) court days following the Claim/Exclusion/Objection Deadline, the Settlement Administrator will make available to Class Counsel and Defendant’s counsel a written report listing the name and contact information of each Excluded Class Member and any Class Member who has objected to the Settlement.
O. Class Members who submit timely Claims that are validated by the Settlement Administrator are referred to as the “Participating Class Members.” Only Participating Class Members will be entitled to receive settlement payments under the Settlement, in accordance with Section VIII, below.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. A. Within twenty-one (21) days Subject to approval of the execution of this AgreementCourt, Defendants will provide a list of the nameParties agree to mutually select Epiq Global, last known U.S. Mail addressformerly Garden City Group Inc., and email address, to the extent available, of each Class Member (the “Class List”) to the Settlement Administrator, with a copy to Class Counsel. The Class List shall be designated as Confidential and used only for purposes of this Settlement, including settlement administration, and shall be destroyed by Class Counsel upon final distribution of the Settlement Amount, with a written confirmation of destruction provided to Defendants’ counsel.
B. The Parties shall use reasonable and best efforts to ensure that no later than twenty- eight (28) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Memberin this Action. This administration duty shall include without limitation, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain setting up an email address (if any), the Settlement Administrator will send a copy escrow account for funding of the Summary Settlement, calculating the Breach of Contract Class Notice to Settlement Shares and the individual’s last17200 Class Settlement Shares, calculating employer-known mailing addressside and employee-side tax and withholding liabilities, to the extent that information is available in the Class Listprocessing all necessary 1099 and W-2 IRS forms, via first class U.S. Mailremitting appropriate tax forms, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s performing an initial National Change of Address (“NCOA”) database search upon receipt of mailing addresses for Breach of Contract Class Members and update 17200 Class Members, distributing the Breach of Contract Class List as appropriate. If any emailed Summary Settlement Notice and 17200 Class Notice documents are “bounced back” Settlement Notice, performing skip-tracing on the Breach of Contract Class Settlement Notices and 17200 Class Settlement Notices returned as undeliverable, then within fourteen (14) days after the Notice Datereviewing and submitting to Class Counsel and AAA NCNU’s counsel any received objections, the Settlement Administrator will mail posting of a copy webpage for notice of the Summary Final Approval Order that will remain active as of the date that the Breach of Contract Class Settlement Notice to the person’s last-known mailing address, to the extent that information is available in the and 17200 Class List, as updated by the NCOA database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. For a period of twenty-one Notice are mailed until at least sixty (2160) days following the Notice Dateissuance of the Final Approval Order, if any mailed Summary mailing settlement checks and tax forms to Breach of Contract Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid addressMembers and 17200 Class Members, and if a new address is obtained, will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the making all required distributions. The Settlement Administrator will establish a Qualified Settlement Website on which it will make available the First Amended ComplaintFund (“QSF”), the Settlement Agreement, the order granting preliminary approval pursuant to Section 468B(g) of the Internal Revenue Code for the purposes of administering the Settlement. Subject to Court approval, all Settlement Administration Costs shall be paid from the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other materials agreed to by the PartiesGFV. The Parties expect Settlement Website will include a mechanism by which individuals whose name Administration Costs to not exceed One Hundred Fifty-Eight Thousand Dollars ($158,000). Any unapproved amount of Settlement Administration Costs shall be allocated to the NSA and contact information appears apportioned to Breach of Contract Class Members and 17200 Class Members as described below. The award of Settlement Administration Costs in the Class List amount sought is not a material term of this Agreement and who receive the award of an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who amount less than requested by Plaintiffs does not appear in the Class List contacts the Settlement Administrator give rise to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five (45) days after the Notice Date shall be referred basis to as the “Claim/Exclusion/Objection Deadline.”
G. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and signed by the claimant.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in their respective discretion, may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiencyabrogate this Agreement. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims provide AAA NCNU’s counsel and Class Counsel shall be allowed to communicate with periodic summary reports, including the total number of Breach of Contract Class Settlement Notices/17200 Class Settlement Notices that were returned as undeliverable, the total number of objections, and the amounts not cashed by Breach of Contract Class Members as they deem appropriate in an effort to cure such deficienciesand 17200 Class Members, if any. Nothing in this Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ business.
J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the The Settlement Administrator shall have authority to resolve the issue as between the claimantsmaintain records of its work, which shall be available for inspection upon request by AAA NCNU’s counsel or Class Counsel.
K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
L. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this Section. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, and telephone number, along with the statement “I wish to be excluded from the Nakai ▇. ▇▇▇▇▇▇
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. A. Within twentyDefendant has provided to Class Counsel an Excel spreadsheet that includes certain transaction information for each rental-one (21) days of purchase transaction encompassed within the execution of this Agreement, Defendants will provide a list of the name, last known U.S. Mail address, and email address, to the extent available, of each Class Member (the “Class List”) to the Settlement Administrator, with a copy to Class Counsel). The Class List shall be is designated as Confidential “Highly Confidential” pursuant to the Protective Order in this Action. Within seven (7) days after the Preliminary Approval Date, Defendant will provide to the Settlement Administrator and used only to Class Counsel an updated Class List that includes, for purposes of this Settlementeach transaction, including settlement administrationthe Class Member’s name, all known mailing addresses, all known telephone numbers, and shall be destroyed by Class Counsel upon final distribution of all known email addresses, to the Settlement Amount, with a written confirmation of destruction provided to Defendants’ counselextent such information is available in Defendant’s records.
B. The Parties shall use reasonable and best efforts to ensure that no No later than twenty- eight thirty-five (2835) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-last- known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverableundeliverable so as to indicate that the email address is no longer valid, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
G. In order to receive a share of monetary payment or credit from the Settlement AmountAmount pursuant to Section IV.A., Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in as qualifying the Class List. The paper Claim Form must be completed and signed by Member for inclusion in either the claimantPayment Group or the Credit Group.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than forty-five (45) days following the Notice Date (the “Claim/Exclusion/Objection Deadline”). If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or DefendantsCounsel, in their respective its discretion, may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ business.
J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants.
K. . Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
L. K. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this Sectionsection. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, and telephone number, along with the statement “I wish to be excluded from the Nakai Jacquess v. Snap RTO LLC Settlement.” Any request for exclusion must be personally signed by each person requesting exclusion. To be timely, the request for exclusion must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or email, the date of return will be the date the request for exclusion is received by the Settlement Administrator. Those Class Members who submit valid and timely requests for exclusion will be referred to as “Excluded Class Members.” Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion shall be sent by regular mail, electronic mail, or hand-delivery to the Settlement Administrator, as follows: CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; email address to be established by the Settlement Administrator.
L. Any Class Member who wishes to object to the Settlement may do so either orally or in writing. To object to the Settlement in writing, a Class Member must file a written objection with the Court and serve copies of the objection on Class Counsel, Defendant’s counsel, and the Settlement Administrator, no later than the Claim/Exclusion/Objection Deadline. The written objection must set forth the name of the lawsuit (Jacquess v. Snap RTO LLC., Case No. 37-2021- 00033209-CU-BT-CTL), the Class Member’s name, address, and telephone number, and the following statement: “I declare under penalty of perjury that, to the best of my knowledge, I entered into a rental-purchase agreement with Snap in the State of California between November 12, 2016, and March 10, 2021, and I wish to object to the Settlement.” The written objection must also state the factual and legal basis for the objection. Any documents that the objecting class member wishes for the Court to consider must also be attached to the objection. Any written objection must be filed with the Court and served by mail as follows(1) to the Settlement Administrator, at CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; (2) to Defendant’s counsel, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ LLP, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; and (3) to Class Counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Dostart ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Settlement Administrator will promptly compare the information submitted by the objector against the Class List and advise Class Counsel and Defendant’s counsel whether it appears that the objector is in fact a Class Member. Class Counsel and Defendant will respond to any written objections, as appropriate, either in briefs filed in advance of the final approval hearing or at the final approval hearing. Alternatively, any Class Member may present an objection to the Court orally at the final approval hearing.
M. In the event of objections to this Agreement or appeal from any order of the Court granting final approval, Class Counsel agree that they will be solely responsible for responding to objectors and intervenors, and defending the Court’s Final Order and Judgment on appeal at their own cost. Snap will join in any briefs, motions, or filing defending the Final Judgment. Any costs incurred by Class Counsel in such appeals, including costs incurred to settle any claims by objectors or intervenors, are the sole responsibility of Class Counsel. This will not preclude Class Counsel from including such amount in any application for attorneys’ fees, so long as Class Counsel does not seek fees or costs in excess of the amounts set forth in Section V above.
N. As part of its duties, the Settlement Administrator shall provide Class Counsel and Snap’s counsel with a weekly status report that tracks the notices that have been sent via email and mail, and requests for exclusion that the Settlement Administrator receives.
O. No later than ten (10) court days following the Claim/Exclusion/Objection Deadline, the Settlement Administrator will make available to Class Counsel and Defendant’s counsel a written report listing the name and contact information of each Excluded Class Member and any Class Member who has objected to the Settlement.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. A. Within twenty-one seven (217) business days following the Preliminary Approval Date, Defendant will provide to Class Counsel an updated Anonymized Class List, which shall include the same categories of Class Loan information provided in the initial Anonymized Class List, updated as of the execution of this Agreementmost recent month-end, Defendants and shall identify which Class Members executed loans in Spanish. In addition, within seven (7) business days following the Preliminary Approval Date, Defendant will provide a list of the name, last known U.S. Mail address, and email address, to the extent available, of each Class Member (the “Class List”) to the Settlement AdministratorAdministrator the Class List, with a copy to which will include the same information as the updated Anonymized Class CounselList and shall also include, for each Class Member, the individual’s full name, full Class Loan number, whether the Class Member has an active Class Loan, as well as all known physical addresses, email addresses and telephone numbers for the Class Member in Defendant’s possession, custody, or control. The Class List shall be designated as Confidential and shall be used by the Settlement Administrator only in connection with administration of the Settlement. The Settlement Administrator will maintain the name and contact information as Confidential for purposes of this Settlementits own use only, including settlement administrationsubject to the following provisions. Class Counsel and the Settlement Administrator shall not disclose the updated Anonymized Class List, the Class List or their contents to anyone except that, upon inquiry directly from a Class Member, the Settlement Administrator may provide Class Counsel with the inquiring Class Member’s name and contact information, and shall be destroyed by Class Counsel upon final distribution and the Settlement Administrator may provide the inquiring Class Member with his or her respective information. Upon conclusion of the Action, or if it becomes certain that the Effective Date cannot occur, Class Counsel and the Settlement AmountAdministrator will promptly delete all versions of the Class List, with a written confirmation of destruction provided to Defendants’ counselanonymized or otherwise, from their records.
B. The Parties shall will use reasonable and best efforts to ensure that so that, no later than twenty- eight thirty-five (2835) days following the Preliminary Approval Date, the Settlement Administrator will email e-mail and mail, via postage pre-paid first class U.S. Mail, the Court-approved Summary Class Notice to the last-known email address and last-known U.S. Mail address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses U.S. Mail address through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update database. The date on which the Class List Notice is disseminated to Class Members is referred to as appropriate. If any emailed Summary Class Notice documents are the “bounced back” as undeliverable, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.”
C. For a period of twenty-one eight (2128) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address. The Settlement Administrator shall format the Class Notice and otherwise administer the notice process in a reasonable manner to minimize costs, consistent with the provisions of this Settlement Agreement and any Court order.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Amended operative Complaint, the Amended Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class NoticeExclusion Form, the Claim Form (in a format that may be printed)Objection Form, and any other materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five sixty (4560) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
G. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and signed by the claimant.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in their respective discretion, may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ business.
J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants.
K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
L. F. Any Class Member who wishes to be excluded from the Settlement must complete and sign an Exclusion Form in the form attached hereto as Exhibit B (or as modified by the Court) and must return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Exclusion Form to the Settlement Administrator no later than the Exclusion/Objection Deadline. Exclusion Forms may be returned to the Settlement Administrator by U.S. mail, electronic mail, or hand-delivery, as provided in this Section. The request for exclusion must be in writingfollows: Weeks v. Wheels Financial Group, must list the Class Member’s nameLLC Settlement Administrator, mailing addressc/o CPT Group, and telephone numberInc., along with the statement “I wish to be excluded from the Nakai ▇. ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; [email address to be determined]. If the completed Exclusion Form is returned to the Settlement Administrator by U.S. Mail, the date of return will be the date of the postmark. If the completed Exclusion Form is returned to the Settlement Administrator by personal delivery or e-mail, the date of return will be the date of receipt by the Settlement Administrator. Upon receipt of any Exclusion Form, the Settlement Administrator will promptly provide a copy to Class Counsel and Defendant’s counsel and will compare the information on the Exclusion Form against the Class List and advise Class Counsel and Defendant’s counsel whether it appears that the individual requesting exclusion is in fact a Class Member. Concurrently with the filing of any motion for final approval, the Settlement Administrator shall file a declaration with the Court authenticating a copy of every Exclusion Form received by the Settlement Administrator. Those Class Members who submit timely Exclusion Forms will be referred to as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement.
G. Any Class Member who wishes to object to the Settlement must complete and sign an Objection Form in the form attached hereto as Exhibit C (or as modified by the Court) and must return the completed Objection Form to the Settlement Administrator no later than the Exclusion/Objection Deadline. Objection Forms may be returned to the Settlement Administrator by U.S. mail, electronic mail, or hand-delivery, as follows: Weeks v. Wheels Financial Group, LLC Settlement Administrator, c/o CPT Group, Inc., ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ [email address to be determined]. If the completed Objection Form is returned to the Settlement Administrator by U.S. Mail, the date of return will be the date of the postmark. If the completed Objection Form is returned to the Settlement Administrator by personal delivery or e-mail, the date of return will be the date of receipt by the Settlement Administrator. Upon receipt of any Objection Form, the Settlement Administrator will promptly provide a copy to Class Counsel and Defendant’s counsel and will compare the information submitted by the objector against the Class List and advise Class Counsel and Defendant’s counsel whether it appears that the objector is in fact a Class Member. Concurrently with the filing of any motion for final approval, the Settlement Administrator shall file a declaration with the Court authenticating a copy of every Objection Form received by the Settlement Administrator. Class Counsel and Defendant’s counsel will respond to any objections, as appropriate, either in briefs filed in advance of the final approval hearing or at the final approval hearing.
H. No later than fourteen (14) days following the Exclusion/Objection Deadline, the Settlement Administrator will provide to Class Counsel and Defendant’s counsel a written report listing the name of each Excluded Class Member and any Class Member who has objected to the Settlement.
I. If the number of Excluded Class Members pursuant to Section VII.F equals or exceeds the number or percentage specified in a separate letter executed concurrently with this Settlement Agreement by Class Counsel and Defendant’s counsel, then Defendant shall have the right to terminate this Agreement. If a right to terminate this Agreement arises pursuant to this Section VII.I, Defendant may exercise such termination right by providing written notice of termination to Class Counsel not later than fourteen (14) days after the date on which the report disclosing the number of Excluded Class Members pursuant to Section VII.H is provided to Defendant’s counsel. If a termination right is not timely exercised within such 14-day period, such right shall expire automatically and be forever waived. The number or percentage of Excluded Class Members necessary to give rise to a termination right pursuant to this Section VII.I shall be confidential except to the Court, who shall upon request be provided with a copy of the letter for in camera review.
J. Class Members who do not submit a timely Exclusion Form are referred to as the “Participating Class Members.” Only Participating Class Members will receive settlement payments or credits under the Settlement, in accordance with Section VIII, below.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. A. Within twenty-one Defendants have provided to the Settlement Administrator and Class Counsel an electronic database (21“Database”) days of the execution of this Agreement, Defendants will provide a list of that includes the name, last known U.S. Mail billing address, delivery address, telephone number, email address, and email addresstransaction information for all Class Members, to the extent available, of each Class Member (the “Class List”) to . Defendants will provide the Settlement AdministratorAdministrator and Class Counsel with documents or data in their possession, with a copy custody, or control reasonably necessary to Class Counselvalidate claims. The Class List Database and any other documents or data provided pursuant to this paragraph are designated as “Confidential” and shall be designated as Confidential and used only for purposes of this Settlement, including settlement administration, and shall be destroyed by Class Counsel upon final distribution implementation of the Settlement Amount, with a written confirmation of destruction provided to Defendants’ counseland for no other purpose.
B. The Parties shall use reasonable and best efforts to ensure that no No later than twenty- eight thirty (2830) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class ListDatabase. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List Database does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class ListDatabase, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-last- known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List Database as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverable, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class ListDatabase, as updated by the NCOA database. Class Counsel will attempt to notify class members via email of their opportunity to file a claim in order to recover a monetary reward at least two times in addition to the initial Class Notice. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List Database and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List Database contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five nine (4549) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
G. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class ListDatabase. The paper Claim Form must be completed and signed by the claimant.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than forty-nine (49) days following the Notice Date (the “Claim/Exclusion/Objection Deadline”). If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or emaile-mail, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in their respective discretion, its discretion may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval HearingDeadline.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ business.
J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants.
K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
L. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, emaile-mail, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this Sectionsection. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, and telephone number, along with the statement “I wish to be excluded from the Nakai Cruz v. Synapse Settlement.” To be timely, the request for exclusion must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or e-mail, the date of return will be the date the request for exclusion is received by the Settlement Administrator. Those Class Members who submit timely requests for exclusion will be referred to as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion shall be sent by regular mail, electronic mail, or hand-delivery to the Settlement Administrator, as follows: CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; email:
M. Any Class Member who wishes to object to the Settlement must file a written objection with the Court and serve copies of the objection on Class Counsel, defendants’ counsel, and the Settlement Administrator, no later than the Claim/Exclusion/Objection Deadline. The objection must set forth the name of the lawsuit (Cruz v. Synapse Group, Inc., et al., Case No. 37- 2018-00032240-CU-MC-CTL), the Class Member’s name, address, and telephone number, and the following statement: “I declare under penalty of perjury that, to the best of my knowledge, I was enrolled by Synapse in an automatic renewal or continuous service program between May 17, 2012 and October 8, 2018, and I wish to object to the Settlement.” The objection must also state the factual and legal basis for the objection. Any objection must be filed with the Court and served by mail as follows: (1) to the Settlement Administrator, at CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; (2) to defendants’ counsel, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP, Key Tower, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; and (3) to Class Counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Dostart ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Settlement Administrator will promptly compare the information submitted by the objector against the Database and advise Class Counsel and defendants’ counsel whether it appears that the objector is in fact a Class Member. Class Counsel and defendants will respond to any objections, as appropriate, either in briefs filed in advance of the final approval hearing or at the final approval hearing.
N. No later than fifteen (15) court days following the Claim/Exclusion/Objection Deadline, the Settlement Administrator will make available to Class Counsel and defendants’ counsel a written report listing the name and contact information of each Participating Class Member, each Excluded Class Member, and any Class Member who has objected to the Settlement.
O. Class Members who submit timely Claims that are validated by the Settlement Administrator are referred to as the “Participating Class Members.” Only Participating Class Members will receive settlement payments under the Settlement, in accordance with Section VIII, below.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. A. Within twenty-one (21) days of ▇. ▇▇▇▇▇ Nast has provided to the execution of this Agreement, Defendants will provide Settlement Administrator and to Class Counsel a list of the namenames, last known U.S. Mail addressaddresses, and email addressaddresses, to the extent available, of each the Class Member Members (the “Class List”) to ). Defendant will provide the Settlement AdministratorAdministrator and Class Counsel with any other documents or data in their possession, with a copy custody, or control reasonably necessary to Class Counselvalidate claims. The Class List and any other documents or data provided pursuant to this paragraph are designated as “Confidential” and shall be designated as Confidential and used only for purposes implementation of the Settlement and for no other purpose. The Class List and any other documents or data provided pursuant to this Settlement, including settlement administration, and paragraph shall be destroyed by Class Counsel upon final distribution of the Settlement Amount, with a written confirmation of destruction provided to Defendants’ Condé Nast’s counsel.
B. The Parties shall use reasonable and best efforts to ensure that no No later than twenty- eight twenty-one (2821) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-last- known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverable, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, (Exhibits A, B, C hereto respectively) shall each contain the following statement from Condé Nast: Although Condé Nast believes that its practices complied with California law and denies the allegations of the lawsuit, Condé Nast chose to settle this case, without admitting liability, to focus time, effort and resources on continuing to provide valued content, services and products, and not on additional legal fees and the uncertainty of litigation.
G. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
G. H. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and signed by the claimant.
H. I. To be timely, the Claim must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or DefendantsCondé Nast, in their respective discretion, discretion may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
I. J. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants Condé Nast shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Defendants Condé Nast from communicating with Class Members to the extent required in the normal course of Defendants’ Condé Nast’s business.
J. K. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants.
K. L. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
L. M. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this Sectionsection. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, and telephone number, along with the statement “I wish to be excluded from the Nakai Granillo v. Advance Magazine Publishers Settlement.” Any request for exclusion must be personally signed by each person requesting exclusion. So-called “mass” or “class” opt-outs shall not be allowed. To be timely, the request for exclusion must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or email, the date of return will be the date the request for exclusion is received by the Settlement Administrator. A request to be excluded that does not include all of the required information, or that is sent to an address other than the address designated for exclusion requests, or that is not postmarked within the time specified, shall be invalid, and the person serving such an invalid request shall be bound by this Agreement, if approved. Those Class Members who submit valid and timely requests for exclusion will be referred to as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion shall be sent by regular mail, electronic mail, or hand-delivery to the Settlement Administrator, as follows: CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; email address to be established by the Settlement Administrator.
N. Any Class Member who wishes to object to the Settlement must do so in writing. To object to the Settlement, a Class Member must file a written objection with the Court and serve copies of the objection on Class Counsel, Defendant’s counsel, and the Settlement Administrator, no later than the Claim/Exclusion/Objection Deadline. Any written objection must set forth the name of the lawsuit (▇▇▇▇▇▇▇▇, et al. v. Advance Magazine Publishers Inc., et al., Case No. 37-2020- 00009732-CU-BT-CTL), the Class Member’s name, address, and telephone number, and the following statement: “I declare under penalty of perjury that, to the best of my knowledge, I enrolled in an automatic renewal or continuous service subscription directly through Advance Magazine Publishers Inc. or subsidiaries thereof d/b/a Condé Nast, was charged for at least one renewal for such publication or service, and used a California street address as the shipping or billing address for that publication or service, and I wish to object to the Settlement.” The written objection must also state the factual and legal basis for the objection, the Condé Nast Publication(s) or Service(s) to which he or she was a subscriber, the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation of submission of the objection or who may profit from the pursuit of the objection, and a statement indicating whether the objector intends to appear at the final approval hearing. Any documents that the objecting Class Member wishes for the Court to consider must also be attached to the objection. Any written objection must be filed with the Court and served by mail as follows: (1) to the Settlement Administrator, at CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; (2) to Defendant’s counsel, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Dentons US LLP, ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Street, Los Angeles, CA 90017; and
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. A. Within twenty-one Defendants have provided to Class Counsel an electronic database (21“Database”) days of transaction information for all members of the execution Settlement Class. The Database is designated as “Confidential” and shall be used solely for purposes of this Agreement, Defendants will settlement. Class Counsel is authorized to provide a list of the name, last known U.S. Mail address, and email address, to the extent available, of each Class Member (the “Class List”) Database to the Settlement Administrator, with a copy to Class Counsel. The Class List shall be designated as Confidential and used only for purposes of this Settlement, including settlement administration, . Defendants agree to provide the Settlement Administrator and shall be destroyed by Class Counsel upon final distribution of the Settlement Amount, with a written confirmation of destruction provided to any other documents or data in Defendants’ counselpossession, custody, or control to the extent such information is reasonably necessary to validate claims.
B. The Parties shall use reasonable and best efforts to ensure that no No later than twenty- twenty-eight (28) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class ListDatabase. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List Database does not contain an email address (if any)address, the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class ListDatabase, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List Database as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverableindicating that the email address is no longer valid, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class ListDatabase, as updated by the NCOA database. The Settlement Administrator will attempt to notify Class Members via email of their opportunity to submit a claim at least one time in addition to the initial Class Notice. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Second Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other materials agreed to by the Partiesparties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List Database and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List Database contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
G. In order to receive a share of the Settlement Amount, Class Members must file submit a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name name, and the claimant’s mailing address address, billing address, telephone number, and/or email address address, match information in the Class ListDatabase. The paper Claim Form must be completed and signed by the claimant.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than forty-nine (49) days following the Notice Date (the “Claim/Exclusion/Objection Deadline”). If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or emaile-mail, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in their respective discretion, its discretion may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval HearingDeadline.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency (provided, however, that the Settlement Administrator may not waive deficiencies involving duplicate claims or involving circumstances that cause the Settlement Administrator to believe that the claimant is not the person listed in the Database) or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to may communicate with Class Members as they deem deemed appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ business.
J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants.
K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
L. Any Class Member who wishes to be excluded from the Settlement must complete and return to the Settlement Administrator a request for exclusion via U.S. Mail, emaile-mail, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this Sectionsection. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, and telephone number, along with the statement “I wish to be excluded from the Nakai ▇▇▇▇▇▇▇▇ v. M2 Media Settlement.” To be timely, the request for exclusion must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or e-mail, the date of return will be the date the request for exclusion is received by the Settlement Administrator. Those Class Members who submit timely requests for exclusion will be referred to as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion may be sent by regular mail, electronic mail, or hand-delivery to the Settlement Administrator, as follows: CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; email: .
M. Any Class Member who wishes to object to the Settlement must file a written objection with the Court and serve copies of the objection on Class Counsel, Defendants’ counsel, and the Settlement Administrator, no later than the Claim/Exclusion/Objection Deadline. The objection must set forth the name of the lawsuit (▇▇▇▇▇▇▇▇ v. M2 Media Group, LLC, et al., Case No. 37-2019-00025568-CU-BT-CTL), the Class Member’s name, address, and telephone number, and the following statement: “I declare under penalty of perjury that, to the best of my knowledge, I was enrolled by M2 Media or Blue Dolphin in an automatic renewal or continuous service subscription for a product or offer between May 17, 2015 and June 30, 2019, I did not receive a refund in the full amount paid, and I wish to object to the Settlement.” The objection must also state the factual and legal basis for the objection. Any objection must be filed with the Court and served by mail as follows: (1) to the Settlement Administrator, at CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; (2) to Defendants’ counsel, ▇▇▇ ▇▇▇▇▇▇▇▇▇, Blank Rome LLP, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; and (3) to Class Counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Dostart ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Settlement Administrator will promptly compare the information submitted by the objector against the Database and advise Class Counsel and Defendants’ counsel whether it appears that the objector is in fact a Class Member. Class Counsel and Defendants’ counsel will respond to any objections, as appropriate, either in briefs filed in advance of the final approval hearing or at the final approval hearing.
N. Class Members who submit timely Claims that are validated by the Settlement Administrator are referred to as the “Participating Class Members.” Only Participating Class Members will receive settlement payments under the Settlement, in accordance with Section IX, below.
O. No later than ten (10) court days following the Claim/Exclusion/Objection Deadline, the Settlement Administrator will make available to Class Counsel and Defendants’ counsel a written report listing the name and contact information of each Excluded Class Member and any Class Member who has objected to the Settlement.
Appears in 1 contract
Sources: Settlement Agreement