Claim Forms. (A) In order to receive a Settlement Award, Settlement Class Members must submit a valid Claim Form by the Claim Form Deadline via First Class United States Mail, postage prepaid. (B) To submit a valid Claim Form, Settlement Class Members must affirm that they meet the requirements set forth in Part A of the Claim Form and one of the requirements contained in Part B of the Claim Form, and that these representations are made in accordance with Part C of the Claim Form. Under the Claim Form, each Settlement Class Member may submit a separate claim for each time the person took non- primary caregiver leave for the birth of a child during the relevant Settlement Class Period for that Settlement Class Member. (C) In the event any Claim Form is timely submitted but does not contain sufficient information, the Settlement Administrator shall provide the Settlement Class Member with a letter (“Cure Letter”) via First Class U.S. Mail (and email if the Settlement Class Member has provided email to the Settlement Administrator), with an included postage-paid return envelope, requesting the information that was not provided and giving the Settlement Class Member the longer of fifteen (15) days from mailing of the Cure Letter or the Claim Form Deadline (“Cure Claim Bar Date”) to return a properly completed Claim Form. Any Settlement Class Member who fails to respond timely to a Cure Letter will not receive a Settlement Award. (D) In the event of a dispute regarding the validity of a Settlement Class Member’s Claim Form, the Settlement Administrator shall promptly report the nature of the dispute to Class Counsel and Defendant’s Counsel, who will confer in good faith with the Settlement Administrator in an effort to resolve the dispute. Defendant will be afforded an opportunity to challenge the veracity of information contained in the Claim Form and may submit supporting documentation for any challenges to the Settlement Administrator. If Defendant makes such a challenge, the Settlement Class Member will have an opportunity to respond to the challenge before a determination of the validity of his claim by the Settlement Administrator. If the Settlement Class Member’s claim is not deemed valid, the Settlement Administrator will inform the Settlement Class Member. The Settlement Administrator’s decision on the validity of the claim shall be binding and non-reviewable by the Court.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Claim Forms. (A) In order to receive a Settlement Award, Settlement Class Members must shall have sixty (60) days from the date Class Notice is mailed to submit a valid Claim Form by in compliance with the terms specified in the Class Notice and on the Claim Form Deadline via First itself. Subject to the exercise of reasonable discretion by Class United States MailCounsel, postage prepaid.
(B) To submit a valid Claim Forms shall be approved by Class Counsel if and only if the claimant complies with the requirements set forth in the Class Notice and Claim Form, including the provision of all required documentation of identity and property interest. Class Counsel may, but is not obligated to, provide additional time for claimants who fail to properly document their claim to remedy the deficiency. Class Counsel may, but is not obligated to, attempt to verify the deficient claims independently of the proofs submitted. In the event that multiple Claim Forms are submitted for the same Household, all approved claims for that Household will share in one pro rata share of the Settlement Class Members must affirm Fund. Moreover, an opt-out will serve to opt-out all members of a Household. This would mean if one individual of a Household chose to opt-out of the Settlement Agreement, other individuals of that they Household would be ineligible for any compensation from the Settlement Fund. If multiple individuals comprise a Household, all such individuals should consult with each other and collectively decide whether to opt out of this Settlement Agreement. Each Household for which an approved claim is submitted shall share equally in the Settlement Fund after the deduction of such costs and attorney fees as the Court may approve. Claim Forms that do not meet the requirements set forth in Part A of this Settlement Agreement, the Notice, and/or Claim Form and one of the requirements contained in Part B of the Claim Forminstructions shall be rejected. Where a good faith basis exists, and that these representations are made in accordance with Part C of the Claim Form. Under the Claim Form, each Settlement Class Member Counsel may submit reject a separate claim for each time the person took non- primary caregiver leave for the birth of a child during the relevant Settlement Class Period for that Settlement Class Member.
(C) In the event any ’s Claim Form is timely submitted but does not contain sufficient informationfor, among other reasons, the Settlement Administrator shall provide following:
i. the Settlement Class Member with fails to provide adequate support of its claims pursuant to a letter (“Cure Letter”) via First request of Class U.S. Mail (and email if Counsel;
ii. failure to fully complete and/or sign the Claim Form; iii. illegible Claim Form; iv. the Claim Form is fraudulent; v. the Claim Form is duplicative of another Claim Form; vi. the person submitting the Claim Form is not a Settlement Class Member has provided email Member, or is requesting that funds be paid to a person or entity that is not the Settlement Administrator), with an included postage-paid return envelope, requesting the information that was not provided and giving the Settlement Class Member for whom the longer claim is submitted; vii. failure to timely submit a Claim Form; and/or viii. the Claim Form otherwise does not meet the requirements of fifteen (15) days from mailing of this Settlement Agreement, the Cure Letter Class Notice, or the Claim Form Deadline (“Cure Claim Bar Date”) to return a properly completed Claim Form. Any Settlement Class Member who fails to respond timely to a Cure Letter will not receive a Settlement AwardInstructions.
(D) In the event of a dispute regarding the validity of a Settlement Class Member’s Claim Form, the Settlement Administrator shall promptly report the nature of the dispute to Class Counsel and Defendant’s Counsel, who will confer in good faith with the Settlement Administrator in an effort to resolve the dispute. Defendant will be afforded an opportunity to challenge the veracity of information contained in the Claim Form and may submit supporting documentation for any challenges to the Settlement Administrator. If Defendant makes such a challenge, the Settlement Class Member will have an opportunity to respond to the challenge before a determination of the validity of his claim by the Settlement Administrator. If the Settlement Class Member’s claim is not deemed valid, the Settlement Administrator will inform the Settlement Class Member. The Settlement Administrator’s decision on the validity of the claim shall be binding and non-reviewable by the Court.
Appears in 1 contract
Sources: Settlement Agreement