Common use of Findings and Conclusions Concerning Notice Clause in Contracts

Findings and Conclusions Concerning Notice. The Court finds that the form, content, and method of giving Notice to the Settlement Class as described in this Order and in Section VII of the Settlement Agreement (including the exhibits thereto): (a) constitute the best practicable Notice to the Settlement Class; (b) are reasonably calculated, under the circumstances, to apprise the Settlement Class Members of the pendency of the Action, of the effect of the proposed Settlement (including the releases to be provided thereunder), of Class Counsel’s request for Fee Award and Costs, of Settlement Class Representatives’ requests for Service Award Payments, of Participating Settlement Class Members’ right to object to the Settlement and/or the Fee Application, and of their right to appear at the Final Approval Hearing, and of Settlement Class Members’ right to exclude themselves from the Settlement Class; and (c) are reasonable and constitute due, adequate, and sufficient Notice to all Settlement Class Members and other persons entitled to receive Notice. The Court concludes that the Notice program meets all applicable requirements of law, including Fed. R. Civ. P. 23(c) and (e), and the Due Process Clause(s) of the United States Constitution. The Court further finds that the Notice is written in plain language, uses simple terminology, and is designed to be readily understandable by Settlement Class Members.