Settlement Class Notice. Named Plaintiff, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notice, substantially in the form attached as Exhibit D, to the Court for approval. After the Court enters Preliminary Approval and within fourteen (14) days of receiving the Class List from the Parties, the Settlement Administrator will send the Notice and Claim Form in both English and Spanish via electronic mail (where available) and U.S. Mail, postage prepaid also requesting either forwarding service or change service to the last known address reflected in the Class List. Prior to mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. For up to forty-five (45) days following the mailing of the Notice via U.S. Mail (if applicable), the Settlement Administrator will re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as undeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. No later than forty-five (45) days before the Final Approval Hearing, the Settlement Administrator will file proof of the mailing of the Notice with the Court. Neither the Parties nor the Settlement Administrator will have any further obligation to send notice of the settlement to the Settlement Class Members.
Settlement Class Notice. The Settlement Class Notice shall provide for a right of exclusion, as set forth in Section II(F)(4). The Settlement Class Notice shall also provide for a right to object to the proposed Settlement. Individual notice of the Settlement to all Settlement Class Members who can be identified through reasonable effort shall be mailed, emailed and/or sent via text message to the Settlement Class in conformance with a notice plan to be approved by the Court. Interim Co-Lead Counsel will undertake all reasonable efforts to notify potential Settlement Class Members of the settlement, including publication notice through traditional, digital, and/or social media sources likely to reach Settlement Class Members. The timing of a motion to approve notice to the Settlement Class of this Settlement Agreement (“Notice Motion”) shall be in the discretion of Interim Co-Lead Counsel, and may be combined with notice of other settlements in this Action. The Notice Motion shall include a proposed form of, method for, and date of dissemination of notice.
Settlement Class Notice. “Settlement Class Notice” means the Court-approved form of notice to current and former owners and lessees of Settlement Class Vehicles, in substantially the same form as that attached hereto as Exhibit “A,” informing them of, among other things, the (i) preliminary approval of the Settlement; (ii) scheduling of the Final Approval Hearing; (iii) opportunity to submit a claim; (iv) opportunity to submit an objection; and (v) opportunity to request exclusion.
Settlement Class Notice. Named Plaintiff, Settling Defendants, and the proposed Settlement Administrator have developed an appropriate and reasonable Notice Plan to reach Settlement Class Members. The Parties will recommend this Notice Plan to the Court. This Amended Settlement Agreement provides for a Settlement Class under Federal Rule of Civil Procedure 23(b)(2). Accordingly, individual notice is not required. Further, Settling Defendants represent (and discovery confirms) that individual notice would not be possible because the Settling Defendants do not have records identifying names or addresses for members of the Settlement Class. The Notice Plan will be administered by an experienced and qualified settlement administrator. The Settlement Administrator was consulted and utilized to develop, focus, and implement the proposed Notice Plan. Before recommending the Notice Plan, the Settlement Administrator investigated the specific demographic characteristics of Interstate Batteries’ customer base in order to develop and recommend a cost-effective Notice Plan specifically targeted to the Settlement Class.
Settlement Class Notice. Within 21 days of entry of the Preliminary Approval Order, the Settlement Administrator shall send the Settlement Class Notice to each Class Member by first-class mail and provide such other forms of notice specified in the Preliminary Approval Order. The Settlement Administrator will keep Class Counsel and Defendant’s Counsel informed of any problems that arise in providing the Settlement Class Notice and/or locating missing Class Members.
Settlement Class Notice. As part of the Motion for Preliminary Approval, Class Counsel shall submit to the Court for approval in the Action the Notice. The Motion for Preliminary Approval shall ask the Court to find that the proposed form of and method for dissemination of notice to the Class Members constitute valid, due, and sufficient notice to the Class Members and complies fully with the requirements of the Federal Rules of Civil Procedure. In addition, the Motion for Preliminary Approval shall ask the Court to approve the Notice Plan and Distribution Plan, including the deadlines related to dissemination of the Notice. Unless the Court directs otherwise, the deadlines set forth in the Notice and Notice Plan shall govern the rights of the Class Members and are in addition and subject to the dates and times set forth in the Agreement. The Notice Plan shall be outlined in the Motion for Preliminary Approval and the proposed Long Notice and Postcard are attached hereto as Exhibits B and C.
Settlement Class Notice. 10 83. Within seven (7) days after the date of the Preliminary Approval Order, 11 Defendant Kroger shall provide the Settlement Class List to the Settlement Administrator.
Settlement Class Notice. Subject to Court approval, the Parties agree that as soon as practicable, and no later than thirty (30) days after entry of the Preliminary Approval Order, Bank of America will provide the Mortgage Escrow List (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely for the purpose of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither the Settlement Class Member List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety (90) days after entry of the Preliminary Approval Order (the “Notice Date”), the Settlement Administrator shall disseminate Notice of the proposed Settlement by the following methods:
Settlement Class Notice. 4.1 Defendants shall compile a list of the unique telephone numbers associated with each telephone call to a toll-free telephone number associated with Defendants and Xxx Xxx from a California Area Code during the Class Period. Such list shall include sufficient information such that the Claims Administrator can determine the number of telephone calls that each Settlement Class Member made that was captured by Contact One during the Class Period. All such information, taken in total, shall be referred to as the “Potential Class Member Contact List”. The Potential Class Member Contact List shall be complied and provided to the Claims Administrator no later than 20 calendar days after entry of the Preliminary Approval Order. Within seven calendar days after receiving the Potential Class Member Contact List, the Claims Administrator shall inform the Parties regarding the total number of unique telephone numbers and the total number of telephone calls associated with the Potential Class Member Contact List.
Settlement Class Notice. Within thirty (30) days of entry of the Preliminary Approval Order, the Settlement Administrator shall send the Settlement Class Notice to each putative Settlement Class Member and provide such other forms of notice specified in the Preliminary Approval Order. The Settlement Administrator shall conduct a standard skip trace to locate missing Settlement Class Members and promptly re-mail the Settlement Class Notice to the correct or updated address. The Settlement Administrator will keep Settlement Class Counsel informed of any problems that arise in providing the Settlement Class Notice and/or locating missing Settlement Class Members.
