Settlement Administration. a. The Settlement Administrator retained by Plaintiff’s Counsel shall have the following duties: i. Prepare the Class Notice(s) in substantially the form as those attached to this Agreement as approved by the Court; ii. Implement the Notice Plan set forth in Section 4 above; iii. Create and maintain the Settlement Website; iv. Process, log, and review claims for deficiencies and/or fraud, and address deficiencies with claimants providing them with an opportunity to cure, as provided for in Section 5(b); v. Calculate Settlement Class Member pro rata distributions and distribute checks to Settlement Class Members who submit valid claims, maintain a bank account to contain the Settlement Fund, maintain all required records, make a second distribution as provided for in Section 2(c)(iii), if necessary, and distribute any funds remaining from uncashed checks to the cy pres recipient. vi. Provide the Parties with weekly reports regarding the status of the Notice Plan, the number of claims, exclusion requests, and objections received; vii. Maintain copies of exclusion requests and objections; viii. Process, log, and review objections and requests for exclusion for deficiencies and/or fraud; and ix. Provide declarations to the Court in support of preliminary and final settlement approval. b. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Agreement by completing its duties in a reasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law and in accordance with its normal business practices, including but not limited to a summary of work performed by the Settlement Administrator, and an accounting of all amounts paid from the Settlement Fund to Settlement Class Members. Such records will be provided to Class Counsel and Defense Counsel at least ten days before the deadline for the motion for final approval. c. In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member. d. The Settlement Administrator, with approval by the Parties, shall be responsible for compliance with the applicable provisions of the Class Action Fairness Act (“CAFA”), including the notice requirements in 28 U.S.C. § 1715. e. As soon as practicable after the conclusion of the Settlement Administrator’s obligations to provide notice and administer the Settlement, the Settlement Administrator shall provide Class Counsel and Defense Counsel with an appropriate declaration outlining compliance with those obligations.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. a. The 8.1 CPT Group, or other Settlement Administrator retained by Plaintiff’s Counsel designated hereunder, shall have the following duties:
i. Prepare the Class Notice(s) in substantially the form serve as those attached to this Agreement as approved by the Court;
ii. Implement the Notice Plan set forth in Section 4 above;
iii. Create and maintain the Settlement Website;
iv. Process, log, and review claims for deficiencies and/or fraud, and address deficiencies with claimants providing them with an opportunity to cure, as provided for in Section 5(b);
v. Calculate Settlement Class Member pro rata distributions and distribute checks to Settlement Class Members who submit valid claims, maintain a bank account to contain the Settlement Fund, maintain all required records, make a second distribution as provided for in Section 2(c)(iii), if necessary, and distribute any funds remaining from uncashed checks to the cy pres recipient.
vi. Provide the Parties with weekly reports regarding the status of the Notice Plan, the number of claims, exclusion requests, and objections received;
vii. Maintain copies of exclusion requests and objections;
viii. Process, log, and review objections and requests for exclusion for deficiencies and/or fraud; and
ix. Provide declarations to the Court in support of preliminary and final settlement approval.
b. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Agreement by completing its duties in a reasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law and in accordance with its normal business practices, including but not limited to a summary of work performed by the Settlement Administrator, and an accounting subject to Court approval as part of all amounts paid from the Settlement Fund to Settlement Class Members. Such records will be provided to Class Counsel and Defense Counsel at least ten days before the deadline for the motion for final approvala Preliminary Approval Order.
c. 8.2 In addition to the exercise of its duties outlined set forth in this Agreementparagraph 2 above, the Settlement Administrator shall be authorized to undertake all tasks and duties that are reasonably necessary to carry out the claims administration provisions of this Agreement, including without limitation:
8.2.1 processing of Claim Forms;
8.2.2 arranging for the Cash Payment to Settlement Class Members;
8.2.3 implementing reasonable procedures designed to avoid payment with respect to any fraudulent or unsupported Claim Form;
8.2.4 implementing reasonable procedures to ensure an acceptable level of reliability and quality control in the processing of Claim Forms;
8.2.5 communicating with Settlement Class Members regarding the claims administration process; provided that the Settlement Administrator shall not be required to respond to requests for legal advice, which requests shall be referred to Class Counsel.
8.3 The Claim Bar Deadline shall be one hundred and twenty (120) calendar days after the Class Notice Date or, if such day falls on a Sunday or holiday, the first business day thereafter.
8.4 The Settlement Administrator shall establish and implement appropriate procedures for: (a) determining that a person submitting a Claim Form is a Resident Class Member or Successor Class Member; and (b) processing submitted Claim Forms. If a question arises as to whether or not a person is entitled to be an Eligible Settlement Class Member, including without limitation, questions as to whether a Claim Form is required, timely or complete, Class Counsel shall have the right sole discretion to reasonably request additional information from direct the Parties or any Settlement Administrator to make a Cash Payment to the Settlement Class Member.
d. 8.5 The Settlement Administrator, with approval Administrator shall make an initial determination that the submitted Claim Form has been timely mailed (as determined by the Partiespostmark date), signed and properly completed. If a Claim Form submitted by a Settlement Class Member is timely, but includes non-material deficiencies (including without limitation, an incomplete Probate Code declaration for a Successor Class Member), the Settlement Class Member shall be responsible for compliance with given the applicable provisions opportunity to correct the Claim Form (and, if applicable, Probate Code declaration) within thirty (30) days of the Class Action Fairness Act (“CAFA”), including the written notice requirements in 28 U.S.C. § 1715.
e. As soon as practicable after the conclusion of from the Settlement Administrator’s obligations to provide notice and administer the Settlement, the .
8.6 The Settlement Administrator shall provide Class Counsel and Defense all Counsel with an appropriate declaration outlining compliance with those obligationstimely reports as to completion of Class Notice, status of claims accepted, rejected or deemed deficient, any objections or other questions from Settlement Class Members and any other pertinent information regarding class notice and claims administration.
8.7 All Settlement Administration Costs shall be paid from the Settlement Amount.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator retained by Plaintiff’s Counsel shall have the following duties:
i. Prepare the Class Notice(s) in substantially the form as those attached to this Agreement as approved by the Court;
ii. Implement the Notice Plan set forth in Section 4 above;
iii. Create and maintain the Settlement Website;
iv. Process, log, and review claims for deficiencies and/or fraud, and address deficiencies with claimants providing them with an opportunity to cure, as provided for in Section 5(b);
v. Calculate Settlement Class Member pro rata distributions and distribute checks to Settlement Class Members who submit valid claims, maintain a bank account to contain the Settlement Fund, maintain all required records, make a second distribution as provided for in Section 2(c)(iii), if necessary, and distribute any funds remaining from uncashed checks to the cy pres recipient.
vi. Provide the Parties with weekly reports regarding the status of the Notice Plan, the number of claims, exclusion requests, and objections received;
vii. Maintain copies of exclusion requests and objections;
viii. Process, log, and review objections and requests for exclusion for deficiencies and/or fraud; and
ix. Provide declarations to the Court in support of preliminary and final settlement approval.
b. 7.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by completing its duties in a rational, reasonable, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under the Settlement and this Agreement. The Settlement Administrator shall maintain all such records as are required by the Court and applicable law and in accordance with its normal business practices, including including, but not limited to to, a summary of work performed by the Settlement Administrator, and including an accounting of all amounts paid from the Settlement Fund to Settlement Class Members. Such records will shall be provided to Class Counsel and Defense Defendant’s Counsel at least ten days before upon reasonable request. Without limiting the deadline foregoing, the Settlement Administrator shall receive objections and Requests for the motion Exclusion forms, and upon such receipt shall promptly provide copies of such objections and Requests for final approvalExclusion forms to Class Counsel and Defendant’s Counsel.
7.2 The Settlement Administrator shall be responsible for all matters relating to the administration of this Settlement, including, but not limited to:
a. Performing a reverse append on the Class List;
b. Preparing and completing Class Notice;
c. Obtaining complete email and address information for Settlement Class Members, including new addresses for any returned Class Notice, Cash Benefits, or any other documents;
d. Creating, operating, maintaining, and hosting a Settlement Website, from which Settlement Class Members can access copies of the Complaint, this Agreement, Class Notice, the Preliminary Approval Order, and other pertinent documents, materials, and information about this Settlement;
e. Acting as a liaison between Settlement Class Members and the Parties;
f. Issuing Cash Benefits;
g. Preparing and providing a declaration to Class Counsel and Defendant’s Counsel prior to the submission of the Plaintiff’s Motion for Final Approval of the Class Action Settlement: (i) attesting to its compliance with the provisions of this Settlement Agreement concerning Class Notice; and (ii) listing each Settlement Class Member who timely and validly submitted a Request for Exclusion opting out of the Settlement as described in Section 12 of this Settlement Agreement;
h. Maintaining a toll-free number with IVR service;
i. Assist in providing supplemental notice if ordered by the Court or agreed by the Parties; and
j. Performing any other tasks reasonably required to effectuate the Settlement and this Agreement, including, but not limited to, all responsibilities, obligations, and tasks referenced in any Section of this Agreement.
7.3 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
d. The Settlement Administrator, with approval by the Parties, shall be responsible for compliance with the applicable provisions of the Class Action Fairness Act (“CAFA”), including the notice requirements in 28 U.S.C. § 1715.
e. As soon Member as practicable after the conclusion of the Settlement Administrator’s obligations it relates to provide notice and administer the Settlement, the Settlement Administrator shall provide Class Counsel and Defense Counsel with an appropriate declaration outlining compliance with those obligations.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. a. The 8.1 KCC, or other Settlement Administrator retained by Plaintiff’s Counsel designated hereunder, shall have the following duties:
i. Prepare the Class Notice(s) in substantially the form serve as those attached to this Agreement as approved by the Court;
ii. Implement the Notice Plan set forth in Section 4 above;
iii. Create and maintain the Settlement Website;
iv. Process, log, and review claims for deficiencies and/or fraud, and address deficiencies with claimants providing them with an opportunity to cure, as provided for in Section 5(b);
v. Calculate Settlement Class Member pro rata distributions and distribute checks to Settlement Class Members who submit valid claims, maintain a bank account to contain the Settlement Fund, maintain all required records, make a second distribution as provided for in Section 2(c)(iii), if necessary, and distribute any funds remaining from uncashed checks to the cy pres recipient.
vi. Provide the Parties with weekly reports regarding the status of the Notice Plan, the number of claims, exclusion requests, and objections received;
vii. Maintain copies of exclusion requests and objections;
viii. Process, log, and review objections and requests for exclusion for deficiencies and/or fraud; and
ix. Provide declarations to the Court in support of preliminary and final settlement approval.
b. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Agreement by completing its duties in a reasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law and in accordance with its normal business practices, including but not limited to a summary of work performed by the Settlement Administrator, and an accounting subject to Court approval as part of all amounts paid from the Settlement Fund to Settlement Class Members. Such records will be provided to Class Counsel and Defense Counsel at least ten days before the deadline for the motion for final approvala Preliminary Approval Order.
c. 8.2 In addition to the exercise of its duties outlined set forth in this Agreementparagraph 2 above, the Settlement Administrator shall be authorized to undertake all tasks and duties that are reasonably necessary to carry out the claims administration provisions of this Agreement, including without limitation:
8.2.1 processing of Claim Forms;
8.2.2 arranging for the Cash Payment to Settlement Class Members;
8.2.3 implementing reasonable procedures designed to avoid payment with respect to any fraudulent or unsupported Claim Form;
8.2.4 implementing reasonable procedures to ensure an acceptable level of reliability and quality control in the processing of Claim Forms;
8.2.5 communicating with Settlement Class Members regarding the claims administration process; provided that the Settlement Administrator shall not be required to respond to requests for legal advice, which requests shall be referred to Class Counsel.
8.3 The Claim Bar Deadline shall be one hundred and twenty (120) calendar days after the Class Notice Date or, if such day falls on a Sunday or holiday, the first business day thereafter.
8.4 The Settlement Administrator shall establish and implement appropriate procedures for: (a) determining that a person submitting a Claim Form is a Resident Class Member or Successor Class Member; and (b) processing submitted Claim Forms. If a question arises as to whether or not a person is entitled to be an Eligible Settlement Class Member, including without limitation, questions as to whether a Claim Form is required, timely or complete, Class Counsel shall have the right sole discretion to reasonably request additional information from direct the Parties or any Settlement Administrator to make a Cash Payment to the Settlement Class Member.
d. 8.5 The Settlement Administrator, with approval Administrator shall make an initial determination that the submitted Claim Form has been timely mailed (as determined by the Partiespostmark date), signed and properly completed. If a Claim Form submitted by a Settlement Class Member is timely, but includes non-material deficiencies (including without limitation, an incomplete Probate Code declaration for a Successor Class Member), the Settlement Class Member shall be responsible for compliance with given the applicable provisions opportunity to correct the Claim Form (and, if applicable, Probate Code declaration) within thirty (30) days of the Class Action Fairness Act (“CAFA”), including the written notice requirements in 28 U.S.C. § 1715.
e. As soon as practicable after the conclusion of from the Settlement Administrator’s obligations to provide notice and administer the Settlement, the .
8.6 The Settlement Administrator shall provide Class Counsel and Defense all Counsel with an appropriate declaration outlining compliance with those obligationstimely reports as to completion of Class Notice, status of claims accepted, rejected or deemed deficient, any objections or other questions from Settlement Class Members and any other pertinent information regarding class notice and claims administration.
8.7 All Settlement Administration Costs shall be paid from the Settlement Amount up to two hundred fifty thousand dollars ($250,000.00).
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator retained by Plaintiff’s Counsel shall have the following duties:
i. Prepare the Class Notice(s) in substantially the form as those attached to this Agreement as approved by the Court;
ii. Implement the Notice Plan set forth in Section 4 above;
iii. Create and maintain the Settlement Website;
iv. Process, log, and review claims for deficiencies and/or fraud, and address deficiencies with claimants providing them with an opportunity to cure, as provided for in Section 5(b);
v. Calculate Settlement Class Member pro rata distributions and distribute checks to Settlement Class Members who submit valid claims, maintain a bank account to contain the Settlement Fund, maintain all required records, make a second distribution as provided for in Section 2(c)(iii), if necessary, and distribute any funds remaining from uncashed checks to the cy pres recipient.
vi. Provide the Parties with weekly reports regarding the status of the Notice Plan, the number of claims, exclusion requests, and objections received;
vii. Maintain copies of exclusion requests and objections;
viii. Process, log, and review objections and requests for exclusion for deficiencies and/or fraud; and
ix. Provide declarations to the Court in support of preliminary and final settlement approval.
b. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Agreement by completing its duties in a reasonable, cost effective, and timely manner92. The Settlement Administrator shall maintain reasonably detailed records administer various aspects of its activities under the Settlement as described in the paragraphs hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Settlement Agreement, including, but not limited to, providing Notice to the Settlement Class, reviewing Claims, determining whether a Claim is a Valid Claim, and distributing the Settlement Amount as provided herein. Counsel for the Parties jointly will oversee the Settlement Administrator’s administration of the Settlement.
93. The Parties acknowledge that AMM shall provide the most recent contact information for each Settlement Class Members maintained by AMM to the Settlement Administrator as described herein to the extent AMM maintains such contact information for a Settlement Class Member.
94. The Settlement Administrator shall maintain track payments to all such records as are required by applicable law and Settlement Class Members in accordance with its normal business practicesall forms, including including, but not limited to, by paper check and/or electronic payment.
95. The Parties and their counsel shall not have any responsibility for or liability whatsoever with respect to a summary (i) any act, omission, or determination of work performed by the Settlement Administrator, and an accounting or any of all amounts paid from their respective designees or agents, in connection with the administration of the Settlement Fund to Settlement Class Members. Such records will be provided to Class Counsel and Defense Counsel at least ten days before or otherwise; (ii) the deadline for the motion for final approval.
c. In the exercise management or distribution of its duties outlined in this Agreement, the Settlement Administrator shall have Fund; (iii) the right formulation, design, or terms of the disbursement of the Settlement Fund; (iv) the determination, administration, calculation, or payment to reasonably request additional information from the Parties or any Settlement Class Member; (v) any losses suffered by, or fluctuations in the value of the Settlement Fund; or (vi) the payment or withholding of any taxes, expenses, and/or costs incurred in connection with the taxation of the Settlement Fund or the filing of any tax papers or returns.
d. 96. The Settlement Administrator shall indemnify and hold AMM, AMM’s Counsel, Class Counsel, the Settlement Class, and Class Representatives harmless for (i) any act, omission, or determination of the Settlement Administrator, with approval by the Parties, shall be responsible for compliance with the applicable provisions of the Class Action Fairness Act (“CAFA”), including the notice requirements in 28 U.S.C. § 1715.
e. As soon as practicable after the conclusion or any of the Settlement Administrator’s obligations to provide notice designees or agents, in connection with the Notice Plan and administer the administration of the Settlement, the Settlement Administrator shall provide Class Counsel and Defense Counsel with an appropriate declaration outlining compliance with those obligations.;
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. a. 4.1 All Notice and Claims Administration Costs will be paid by ▇▇▇▇▇▇▇▇ and/or a ▇▇▇▇▇▇▇▇ Related Entity.
4.2 The Parties have agreed to request that the ▇▇▇▇▇▇▇▇▇▇ Court appoint Angeion Group as Settlement Administrator. Once approved by the ▇▇▇▇▇▇▇▇▇▇ Court, the Settlement Administrator will be an agent of the ▇▇▇▇▇▇▇▇▇▇ Court and will be subject to the ▇▇▇▇▇▇▇▇▇▇ Court’s supervision and direction as circumstances may require. Electronically Filed - St Louis County - June 15, 2023 - 04:12 PM
4.3 The Settlement Administrator retained by Plaintiff’s Counsel shall have will cause the following duties:
i. Prepare Notice Program to be effectuated in accordance with the Class Notice(s) in substantially terms of this Settlement Agreement and any orders of the form Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as those attached to this Agreement as may be approved by ▇▇▇▇▇▇▇▇ Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests.
4.4 The Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. All information and documents to be posted on the Settlement Website is subject to agreement of both Settlement Class Counsel and ▇▇▇▇▇▇▇▇ Counsel.
4.5 The Settlement Administrator will conduct Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, and subject to the Court;’s supervision and direction as circumstances may require.
ii. Implement the Notice Plan set forth in Section 4 above;
iii. Create and maintain the Settlement Website;
iv. Process4.6 To make a claim for monetary compensation, log, and review claims for deficiencies and/or fraud, and address deficiencies with claimants providing them with an opportunity to cure, as provided for in Section 5(b);
v. Calculate a Settlement Class Member pro rata distributions must complete and distribute checks to submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted through the Settlement Website no later than the Claim Deadline, or shall be forever barred. For the avoidance of doubt, any Settlement Class Members Member who does not submit valid claimsa Claim Form by the Claim Deadline, maintain a bank account to contain as evidenced by postmark or other identifiable date of transmission, shall receive no compensation or other relief.
4.7 The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted (except for claims for lost time), for completeness, eligibility, plausibility, validity and timeliness. The decision of the Settlement FundAdministrator as to Electronically Filed - St Louis County - June 15, maintain all required records, make 2023 - 04:12 PM these issues is final and binding. The Claims Administrator will provide a second distribution as provided list of accepted and rejected claims to counsel for in Section 2(c)(iii), if necessary, and distribute any funds remaining from uncashed checks the Parties. The Claims Administrator will provide periodic updates on the claims status to counsel for the cy pres recipientParties.
vi4.8 The Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether:
(1) the claimant is a Settlement Class Member; (2) the claimant has provided all documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph
3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). Provide The Settlement Administrator may, at any time, request from the Parties with weekly reports claimant, in writing, additional information (“Claim Supplementation”) as the Settlement Administrator may reasonably require in order to evaluate eligibility and the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of the Notice Plan, the number of claims, exclusion requestsany claims made for insurance benefits or other reimbursement, and objections received;
vii. Maintain copies of exclusion requests claims previously made for identity theft and objections;
viii. Process, log, and review objections and requests for exclusion for deficiencies and/or fraud; and
ix. Provide declarations to the Court in support of preliminary and final settlement approval.
b. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Agreement by completing its duties in a reasonable, cost effective, and timely mannerresolution thereof. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law and in accordance with its normal business practices, including but not limited to a summary of work performed by give the Settlement Class Member twenty-one (21) days to cure the defect before rejecting the claim. Requests for Claim Supplementation shall be made within thirty (30) Days of the Administrator, and an accounting ’s receipt of all amounts paid from the Settlement Fund to Settlement Class Memberssuch Claim Form. Such records will be provided to Class Counsel and Defense Counsel at least ten days before the deadline for the motion for final approval.
c. In the exercise Following receipt of its duties outlined in this Agreementany Claim Supplementation, the Settlement Administrator shall have ten (10) Days to assess the right validity of the claim and either accept (in whole or at a lesser amount) or reject each claim. The Settlement Administrator’s decision will be final and non-appealable. If the defect is not timely cured, the claim will be deemed incomplete and thus invalid, and ▇▇▇▇▇▇▇▇ shall have no obligation to reasonably pay the claim. Electronically Filed - St Louis County - June 15, 2023 - 04:12 PM
4.9 The Settlement Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all timely Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the ▇▇▇▇▇▇▇▇▇▇ Court upon request additional and to Settlement Class Counsel and/or ▇▇▇▇▇▇▇▇ Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ▇▇▇▇▇▇▇▇ or the Settlement Administrator will provide other reports or information from within their custody or control, as requested by the Parties ▇▇▇▇▇▇▇▇▇▇ Court.
4.10 Subject to the terms and conditions of this Settlement Agreement, ▇▇▇▇▇▇▇▇ shall transmit needed claimant compensation funds for approved claims to the Settlement Administrator, and the Settlement Administrator shall mail or otherwise provide checks for such claims within ninety (90) Days of the Effective Date, or within ninety (90) Days of the date that all timely Claims have been reviewed, whichever is later.
4.11 Checks for approved claims shall be mailed to the address provided by the Settlement Class Member on his or her Claim Form, or, to the address provided to the Settlement Administrator, in the event the claimant updates his or her address with the Settlement Administrator prior to the Claim Deadline. Claimants may also receive payment for claims via an electronic means of payment made available by the Claims Administrator.
4.12 Timely cashing a check for an approved Claim is a condition precedent to any Settlement Class Member’s right to receive benefits under this Settlement Agreement when those benefits are paid by check. All checks issued under this section shall be void if not negotiated within ninety (90) Days of their date of issue and shall bear the language: “This check must be cashed within 90 days, after which time it is void.” Checks issued pursuant to this section that are not negotiated within ninety (90) Days of their date of issue shall not be reissued. If a Settlement Electronically Filed - St Louis County - June 15, 2023 - 04:12 PM Class Member fails to cash a check issued under this section before it becomes void, the Settlement Class Member will have failed to meet a condition precedent to recovery of settlement benefits, the Settlement Class Member’s right to receive monetary relief under the Settlement shall be extinguished, and ▇▇▇▇▇▇▇▇ shall have no obligation to make payments to the Settlement Class Member for compensation or loss reimbursement under Paragraph 3.1 or to make any other type of payment to the Settlement Class Member. Such Settlement Class Member remains bound by all terms of the Settlement Agreement.
d. 4.13 The settlement funds and benefits that ▇▇▇▇▇▇▇▇ shall create or provide will not be subject to any non-claim or other statutes or any possible rights of forfeiture or escheat. All monies that might be paid are not vested, contingently due, or otherwise monies in which a Settlement Class Member has an enforceable right and shall remain the property of ▇▇▇▇▇▇▇▇ and its insurer until all conditions for payment have been met. No interest shall accrue or be payable in connection with any payment due under this Settlement Agreement.
4.14 Information submitted by Settlement Class Members in connection with submitted claims for benefits under this Settlement Agreement shall be deemed confidential and protected as such by the Settlement Administrator, with approval by the PartiesSettlement Class Counsel, shall be responsible for compliance with the applicable provisions of the Class Action Fairness Act (“CAFA”), including the notice requirements in 28 U.S.C. § 1715and ▇▇▇▇▇▇▇▇ Counsel.
e. As soon as practicable after the conclusion of the Settlement Administrator’s obligations to provide notice and administer the Settlement, the Settlement Administrator shall provide Class Counsel and Defense Counsel with an appropriate declaration outlining compliance with those obligations.
Appears in 1 contract
Sources: Release and Settlement Agreement
Settlement Administration. a. 69. The Settlement Administrator’s fees and costs, including the costs of notice, will be paid from the Settlement Fund as described in ¶¶ 32–40, 66 and this paragraph.
70. The Settlement Administrator retained by Plaintiff’s Counsel shall have the following duties:
i. Prepare the Class Notice(s) in substantially the form as those attached has executed an agreement to this Agreement as approved be bound by the Court;
iiJoint Stipulated Protective Order (Dkt. Implement 112) and will take all reasonable steps to ensure that any information provided to it by Defendant and Settlement Class Members will be used solely for the purpose of effecting this Settlement, including by complying with Defendant’s requirements for cybersecurity and protection of customer information. The Settlement Administrator will not use the information provided by Defendant or Lead Class Counsel in connection with the Settlement or this Notice Plan for any purposes other than providing notice or conducting claims administration and will not share Settlement Class Member information with any third parties without advance consent from the Parties.
71. In fulfilling its responsibilities to provide notice to the Settlement Class Members, the Settlement Administrator shall be responsible for, without limitation, consulting on and designing the notice to the Settlement Class via various forms of media, including implementing the publication-based notice program set forth in Section 4 above;
iiithe Notice Plan. Create The Parties shall confer on the form and maintain content of the Settlement Website;
iv. Process, log, and review claims for deficiencies and/or fraud, and address deficiencies with claimants providing them with an opportunity to cure, as provided for notice contemplated in Section 5(b);
v. Calculate Settlement Class Member pro rata distributions and distribute checks to Settlement Class Members who submit valid claims, maintain a bank account to contain the Settlement Fund, maintain all required records, make a second distribution as provided for in Section 2(c)(iii), if necessary, and distribute any funds remaining from uncashed checks to the cy pres recipient.
vi. Provide the Parties with weekly reports regarding the status of the Notice Plan, which must be substantially consistent with the number of claims, exclusion requests, Class Notice. The Parties shall confer and objections received;
vii. Maintain copies of exclusion requests and objections;
viii. Process, log, and review objections and requests for exclusion for deficiencies and/or fraud; and
ix. Provide declarations approve the proposed Notice Plan by the Settlement Administrator prior to submitting the Notice Plan to the Court in support of preliminary and final settlement for approval.
b. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Agreement by completing its duties in a reasonable, cost effective, and timely manner72. The Settlement Administrator shall maintain reasonably detailed records accurately and objectively describe the terms of its activities under this Agreement. The the Settlement Administrator shall maintain all such records as are required by applicable law and Agreement in accordance communications with its normal business practicesSettlement Class Members, including but by training its employees and agents accordingly.
73. Other than as set forth herein, the Parties and their counsel shall not limited have any responsibility for or liability whatsoever with respect to a summary (a) any act, omission or determination of work performed by the Settlement Administrator, and an accounting of all amounts paid from the Settlement Fund to Settlement Class Members. Such records will be provided to Class Counsel and Defense Counsel at least ten days before the deadline for the motion for final approval.
c. In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
d. The Settlement Administratorof their respective designees or agents, with approval by the Parties, shall be responsible for compliance in connection with the applicable provisions of the Class Action Fairness Act (“CAFA”), including the notice requirements in 28 U.S.C. § 1715.
e. As soon as practicable after the conclusion administration of the Settlement Administrator’s obligations to provide notice and administer or otherwise; (b) the Settlementmanagement, investment, or distribution of the Settlement Administrator shall provide Class Counsel and Defense Counsel with an appropriate declaration outlining compliance with those obligations.Fund; (c) the formulation, design, or terms of the disbursement of the Settlement Fund; (d) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (e) any losses suffered by, or fluctuations in the value of the Settlement Fund; or
Appears in 1 contract