Settlement Class Notice. Named Plaintiff, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notices and Long Form Notice, substantially in the form attached as Exhibits A, B, and C, to the Court for approval. Within twenty-one (21) days of the Court entering Preliminary Approval, the Settlement Administrator will send a notice of the settlement 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 as necessary. The Administrator will send the Notice of Settlement, substantially in the form attached as Exhibit A, to all members of the Automatic DocuSign Envelope ID: 06EE7A26-3CA3-4588-8164-D230025D2033 Payment Category. The Administrator will send the Notice of Settlement and Claim Form, substantially in the form attached as Exhibit B, to all other members of the Settlement Class. Collectively, this is the “Notice” to the Settlement Class, as defined in Section 2.25. Prior to the mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. By that same deadline, the Settlement Administrator will post the Long Form Notice to the Settlement Website. For up to thirty (30) 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. 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. 4.1 Except as provided for in Paragraph 4.2, the Settlement Administrator shall disseminate Notice to Settlement Class Members by the Notice Deadline. The Settlement Administrator shall disseminate Notice in a manner that complies with due process under the United States Constitution. The Settlement Administrator will provide direct Notice, one time, via email to those Settlement Class Members for whom the Settlement Administrator has obtained contact information through third party subpoenas served by Class Counsel, unless there is evidence the emails were not successfully transmitted (e.g., a percentage of email notices are flagged as spam mail) in which case additional emails can be sent to ensure successful transmission. In the event that email is unavailable, the Settlement Administrator shall send Notice, one time, via regular mail to those Settlement Class Members for whom the Settlement Administrator has obtained contact information through third party subpoenas served by Class Counsel. Notice will also be provided by publication through advertisements in appropriate print and electronic media including social media as agreed to by the Parties through the Claims Deadline. In no event shall Notice be provided through television or radio advertisements or through claim promotion sites (e.g., xxxxxxxxxxxxxxx.xxx).
Settlement Class Notice. 6.1 For all outbound calls for which Defendant has records that were made during the Class Period by Defendant’s customer service department to California Area Codes, Defendant shall compile a list of those calls’ unique telephone numbers and, to the extent that they are in Defendant’s possession and capacity to collect, the names, most recent mailing addresses, and most recent email addresses of the individuals associated with those approximately 9,632 telephone numbers. Additionally, Defendant shall determine the number of telephone calls that each of those unique telephone numbers received from Defendant during the Class Period (which total approximately 18,846 telephone calls). All of the information collected by Defendant, taken in total, shall be referred to as the Settlement Class Member Contact List. The Settlement Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 30 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement.
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. 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. 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. 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.
