How Do I Get More Information?. You can inspect many of the court documents connected with this case on the Settlement Website. Other papers filed in this lawsuit are available by accessing the Court docket in this case available through PACER (▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇). You can contact the Claim Administrator at [address] or by telephone at [phone number]. You can also obtain additional information by contacting Class Counsel: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ GUTRIDE ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Tel: ▇▇▇-▇▇▇-▇▇▇▇ Please do not address any questions about the Settlement or Litigation to the Clerk of the Court or the Judge. To: [Customer email address] From: Class Action Claim Administrator Subject: Notice of Class Action Settlement – [Claimant Identification Number] You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons between June 1, 2015 and April 30, 2018 that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons purchased during that period. If the Settlement is approved, you will automatically receive the following: - One Promotional Code worth [SPECIFIC AMOUNT FOR CLASS MEMBER] towards a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. [repeat prior line for each promotional code] - [number] of Shipping Code[s]. Each Shipping Code can be used for free shipping on a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. You do not need to submit a Claim to receive these benefits. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED]: Instead of the Shipping and Promotional Codes set forth above, you have the right to make a claim to receive a cash refund for [SPECIFIC AMOUNT FOR CLASS MEMBER]. Read below for information about how to file your Claim. For more information about the method used to calculate the amount of the settlement benefits you may receive, review the Long Form notice available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. A class action Settlement has been reached in a case against Shutterfly, Inc (“Shutterfly”). The case alleges that ▇▇▇▇▇▇▇▇▇▇ engaged in false and misleading advertising of deals on ▇▇▇▇▇▇▇.▇▇▇. These deals were in the form of “$X for $Y to Spend at Shutterfly.” They are referred to in the lawsuit as the “Shutterfly General Spend Groupons.” Plaintiff alleges that Shutterfly failed to disclose to purchasers that they would receive a promotional code that could only be used toward full priced items and could not be combined with any other discounts offered on the Shutterfly website, including product discounts and free shipping. Shutterfly denies any wrongdoing, and the Court has made no determination about whether Plaintiff’s allegations or ▇▇▇▇▇▇▇▇▇▇’s defenses have merit. The lawsuit is ▇▇▇▇▇▇ v. Shutterfly, Inc., in United States District Court for the Northern District of California, Case No. 5:18-cv-00266-BLF. The Settlement requires Shutterfly to change its business practices and compensate consumers. You are an eligible Class Member if you are a United States resident who, (i) purchased Shutterfly General Spend Groupon any time between June 1, 2015 to April 30, 2018 that was never redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon purchased during that period. You do not need to file a claim to obtain the Shipping and Promotional Codes set forth above. Those will be sent to you automatically if the Settlement is approved. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED SHUTTERFLY GENERAL SPEND GROUPON(S)]: However, if you want a Cash Refund instead of the Shipping and Promotional Codes, you must file a claim online or to print a claim form to mail in, click <link>here</link>. The deadline to submit claims is [Date]. If your claim is valid, you will receive the cash refund amount shown above. The Settlement also requires Shutterfly to ensure that their advertising of Shutterfly General Spend Groupons discloses to consumers that they will receive a promotional code that cannot be combined with any other Shutterfly promotional codes or shipping codes. You may make Object, Opt-Out, or do nothing. If you Opt-Out of the Settlement, you may pursue a separate lawsuit, but you will not receive Shipping and Promotional Codes [or a Cash Refund]. Your Opt-Out request must be received by the Claim Administrator by [Date]. If you do not Opt- Out, you give up your right to bring a separate lawsuit. To object, you must submit a written Objection that complies with the requirements in the applicable Settlement Notice available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Your Objection must be filed with the Court by [Date]. If you do nothing and you are a Class Member, you will be releasing claims against ▇▇▇▇▇▇▇▇▇▇ that relate to the allegations in the lawsuit. The Court presiding over the case will hold a Fairness Hearing to review the Settlement. This hearing will be held on [Date], in the U.S. District Court for the Northern District of California, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, before the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Freeman. The Court will decide whether to approve the Settlement and to make certain awards to be paid by ▇▇▇▇▇▇▇▇▇▇, including whether to award Attorneys’ Fees and Costs of up to $350,000, plus $5,000 to the Plaintiff as a Class Representative Incentive Award. The Application for Attorneys’ Fees and Expenses is available on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. You may, but don't have to, attend the hearing. Shipping Codes and Promotional Codes will be issued to the Class Me m b er s only if the Settlement is approved and any Objections are resolved. Please be patient. For more information, visit ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or contact the Claim Administrator at [phone number] or [mailing address]. Please do not telephone the Court to inquire about this settlement. Settlement Claims Administrator [Address] [Phone] ||||||||||||||||||||||| Postal Service: Please do not mark barcode «Claimant ID» «First1» «Last1» «C/O» «Addr1» «Addr2» «City», «St» «Zip» Claimant Id: [ID] A proposed class action settlement has been reached with Shutterfly Inc. (“Defendant”), regarding its advertisement and sale of Shutterfly General Spend Groupons. The settlement resolves a lawsuit entitled ▇▇▇▇▇▇ v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF (the “Lawsuit”), United States District Court, Northern District of California (the “Court”). The Court authorized this notice. The Lawsuit alleges that Defendant falsely advertised deals it sold on ▇▇▇▇▇▇▇.▇▇▇ for a price paid (“Paid Value”) which could be redeemed at a greater dollar value (“Promotional Value”) towards a Shutterfly purchase (“Shutterfly General Spend Groupons”) by failing to disclose that the Groupon could not be redeemed at the same time as any other discounts offered on the Shutterfly website, including product discounts and free shipping. Defendants deny all allegations and claims. The Court has not decided the Lawsuit, but the parties have agreed to a class settlement to resolve the dispute. You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons. If the Settlement is approved, you will automatically receive the following benefits: The settlement website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, also contains a more detailed notice of the terms of the settlement, answers to frequently asked questions, and other information about the Lawsuit. If you cannot access the website, you can obtain detailed notice by contacting the Claim Administrator at the address or phone number on the reverse side of this card. If the settlement is approved by the Court, any legal claims you have against the Defendants that were or could have been raised in the Lawsuit related to the allegations in the Lawsuit will be released. If you wish to preserve your right to bring a separate lawsuit, you must opt out of the settlement. Alternatively, you have the right to object to the settlement. Your opt-out request or objection must be received by [Date]. For details on how to opt-out or object, visit the settlement website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. The Court will hold a final approval hearing on [Date] at [Time] to consider whether to approve the settlement. Class Counsel will ask the Court to award them $350,000 in fees, costs and expenses, and $5,000 as an incentive to the consumer who started the Lawsuit. You may appear at the hearing, but you do not have to. To: [Customer email address] From: Class Action Claim Administrator Subject: Class Action Settlement Benefits Inside
Appears in 1 contract
Sources: Class Action Settlement Agreement
How Do I Get More Information?. You can inspect many of the court documents connected with this case on the Settlement Website. Other papers filed in this lawsuit are available by accessing the Court docket in this case available through PACER (▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇). You can contact the Claim Administrator at [address] or by telephone at [phone number]. You can also obtain additional information by contacting Class Counsel: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ GUTRIDE ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Tel: ▇▇▇-▇▇▇-▇▇▇▇ Please do not address any questions about the Settlement or Litigation to the Clerk of the Court or the Judge. To: [Customer email address] From: Class Action Claim Administrator Subject: Notice of Class Action Settlement – [Claimant Identification Number] You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons between June 1, 2015 and April 30, 2018 that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons purchased during that period. If the Settlement is approved, you will automatically receive the following: - One Promotional Code worth [SPECIFIC AMOUNT FOR CLASS MEMBER] towards a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. [repeat prior line for each promotional code] - [number] of Shipping Code[s]. Each Shipping Code can be used for free shipping on a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. You do not need to submit a Claim to receive these benefits. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED]: Instead of the Shipping and Promotional Codes set forth above, you have the right to make a claim to receive a cash refund for [SPECIFIC AMOUNT FOR CLASS MEMBER]. Read below for information about how to file your Claim. For more information about the method used to calculate the amount of the settlement benefits you may receive, review the Long Form notice available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. A class action Settlement has been reached in a case against Shutterfly, Inc (“Shutterfly”). The case alleges that ▇▇▇▇▇▇▇▇▇▇ engaged in false and misleading advertising of deals on ▇▇▇▇▇▇▇.▇▇▇. These deals were in the form of “$X for $Y to Spend at Shutterfly.” They are referred to in the lawsuit as the “Shutterfly General Spend Groupons.” Plaintiff alleges that Shutterfly failed to disclose to purchasers that they would receive a promotional code that could only be used toward full priced items and could not be combined with any other discounts offered on the Shutterfly website, including product discounts and free shipping. Shutterfly denies any wrongdoing, and the Court has made no determination about whether Plaintiff’s allegations or ▇▇▇▇▇▇▇▇▇▇’s defenses have merit. The lawsuit is ▇▇▇▇▇▇ v. Shutterfly, Inc., in United States District Court for the Northern District of California, Case No. 5:18-cv-00266-BLF. The Settlement requires Shutterfly to change its business practices and compensate consumers. You are an eligible Class Member if you are a United States resident who, (i) purchased Shutterfly General Spend Groupon any time between June 1, 2015 to April 30, 2018 that was never redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon purchased during that period. You do not need to file a claim to obtain the Shipping and Promotional Codes set forth above. Those will be sent to you automatically if the Settlement is approved. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED SHUTTERFLY GENERAL SPEND GROUPON(S)]: However, if you want a Cash Refund instead of the Shipping and Promotional Codes, you must file a claim online or to print a claim form to mail in, click <link>here</link>. The deadline to submit claims is [Date]. If your claim is valid, you will receive the cash refund amount shown above. The Settlement also requires Shutterfly to ensure that their advertising of Shutterfly General Spend Groupons discloses to consumers that they will receive a promotional code that cannot be combined with any other Shutterfly promotional codes or shipping codes. You may make Object, Opt-Out, or do nothing. If you Opt-Out of the Settlement, you may pursue a separate lawsuitcan call [telephone number] toll free, but you will not receive Shipping and Promotional Codes visit [or a Cash Refund]. Your Opt-Out request must be received by the Claim Administrator by [Date]. If you do not Opt- Out, you give up your right to bring a separate lawsuit. To object, you must submit a written Objection that complies with the requirements in the applicable Settlement Notice available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Your Objection must be filed with the Court by [Date]. If you do nothing and you are a Class Member, you will be releasing claims against ▇▇▇▇▇▇▇▇▇▇ that relate to the allegations in the lawsuit. The Court presiding over the case will hold a Fairness Hearing to review the Settlement. This hearing will be held on [Datewebsite], in the U.S. District Court for the Northern District of California, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, before the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Freeman. The Court will decide whether or write to approve the Settlement and to make certain awards to be paid by ▇▇▇▇▇▇▇▇▇▇, including whether to award Attorneys’ Fees and Costs of up to $350,000, plus $5,000 to the Plaintiff as a Class Representative Incentive Award. The Application for Attorneys’ Fees and Expenses is available on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. You may, but don't have to, attend the hearing. Shipping Codes and Promotional Codes will be issued to the Class Me m b er s only if the Settlement is approved and any Objections are resolved. Please be patient. For more information, visit ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or contact the Claim Administrator at [phone number] or [mailing address]. Please do not telephone contact the Court with questions about the Settlement. DATE: [DATE] BY ORDER OF THE COURT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
1. Capitalized terms not otherwise defined herein shall have the same meaning attributed to inquire about the terms in the Settlement Agreement.
2. Upon the Effective Date, the Net Distribution Settlement Fund (defined as the Net Distribution Fund less the Customer Representative Plaintiffs Attorneys’ Fees Payment) shall be distributed to Settlement Class Members in accordance with this settlementPlan of Allocation.
3. Settlement Claims Administrator [Address] [Phone] ||||||||||||||||||||||| Postal Service: Please Class Members who hold an Allowed Claim in the Bankruptcy Case are not required or permitted to file a claim in connection with the Settlement.
4. Settlement Class Members who do not mark barcode «hold an Allowed Claim in the Bankruptcy Case are required to file a claim to participate in the Settlement. A Settlement Class Member who files such a claim is referred to as a “New Claimant.”
5. Each Settlement Class Member who is a New Claimant ID» «First1» «Last1» «C/O» «Addr1» «Addr2» «City»shall receive a share of the Net Distribution Settlement Fund that is determined by multiplying the amount of such New Claimant’s timely claim as approved in the Customer Class Action by a payment ratio computed as: the amount of the Customer Pooled Funds Allocation divided by $215,000,000.00. In order to reduce administrative costs, «St» «Zip» no disbursement will be made to a New Claimant Id: [ID] A proposed class action settlement has been reached with Shutterfly Inc. (“Defendant”), regarding its advertisement and sale if the New Claimant’s share of Shutterfly General Spend Grouponsthe Net Distribution Settlement Fund as computed in this paragraph will be less than $10.00.
6. The settlement resolves a lawsuit entitled ▇▇▇▇▇▇ v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF (aggregate amount to be disbursed to New Claimants shall under no circumstances exceed 50% of the “Lawsuit”), United States District Court, Northern District of California (the “Court”). The Court authorized this notice. The Lawsuit alleges that Defendant falsely advertised deals it sold on ▇▇▇▇▇▇▇.▇▇▇ for a price paid (“Paid Value”) which could be redeemed at a greater dollar value (“Promotional Value”) towards a Shutterfly purchase (“Shutterfly General Spend Groupons”) by failing to disclose that the Groupon could not be redeemed at the same time as any other discounts offered on the Shutterfly website, including product discounts and free shipping. Defendants deny all allegations and claims. The Court has not decided the Lawsuit, but the parties have agreed to a class settlement to resolve the dispute. You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons that were never redeemed, or you redeemed one or more Shutterfly General Spend GrouponsNet Distribution Settlement Fund. If the Settlement is approved, you will automatically receive the following benefits: The settlement website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, also contains a more detailed notice total disbursable amount to New Claimants would exceed 50% of the terms Net Distribution Settlement Fund, then the payments to New Claimants shall be reduced proportionately.
7. After the determination of the settlementaggregate amount to be disbursed to the New Claimants, answers the balance of the Net Distribution Settlement Fund shall be disbursed to frequently asked questions, and other information about the Lawsuit. If you cannot access the website, you can obtain detailed notice by contacting the Claim Administrator at the address or phone number on the reverse side of this card. If the settlement is approved by the Court, any legal claims you have against the Defendants that were or could have been raised Settlement Class Members who hold Allowed Claims in the Lawsuit related to the allegations in the Lawsuit will be released. If you wish to preserve your right to bring a separate lawsuit, you must opt out of the settlement. Alternatively, you have the right to object to the settlement. Your opt-out request or objection must be received by [Date]. For details on how to opt-out or object, visit the settlement website at ▇▇▇Bankruptcy Case.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. The Court will hold a final approval hearing on [Date] at [Time] to consider whether to approve the settlement. Class Counsel will ask the Court to award them $350,000 in fees, costs and expenses, and $5,000 as an incentive to the consumer who started the Lawsuit. You may appear at the hearing, but you do not have to. To: [Customer email address] From: Class Action Claim Administrator Subject: Class Action Settlement Benefits Inside
Appears in 1 contract
Sources: Settlement Agreement
How Do I Get More Information?. You If you have general questions regarding the Settlement, you can inspect many visit this website: [WEBSITE], call 1- XXXXXXX, or write to the Settlement Administrator at Philips North America 401(k) Settlement Administrator, . Exhibit 5 Yesterday, a plaintiffs’ law firm filed a lawsuit in the Southern District of Illinois relating to the Philips North America 401(k) Plan (the “Plan”). We expect the plaintiffs’ law firm to file in the next week a motion with the court to approve a proposed settlement of the lawsuit for $17 million and certain non− monetary relief. The settlement was agreed to in principle by the plaintiffs’ law firm and Philips after an extensive document review process by the plaintiffs’ law firm and a mediation with the assistance of an independent national mediator. The complaint alleges that the Plan paid excessive investment management and administrative fees, and that the Plan’s fiduciaries should have made different investment option choices with regard to certain funds in the Plan’s investment line up. Philips believes it has acted prudently and in the best interest of Plan participants in monitoring the fees assessed to Plan participants and in selecting and monitoring the Plan’s investment options. However, to avoid a protracted lawsuit and to put additional money toward Plan participants’ retirement savings rather than spending it on a costly legal battle, Philips decided to reach a resolution on this matter with the plaintiffs’ law firm. If the court documents connected with this case approves the settlement, a settlement administrator will be appointed and you will receive communications from the appointed administrator outlining the distribution of settlement proceeds. If you have a Plan account at the time that the settlement is distributed, your portion of the settlement proceeds will be deposited directly into your Plan account. At that point will you be able to determine your portion of the settlement proceeds. Please be assured that, during the settlement approval and distribution process, your employee contributions (if elected) will continue to be made to your account, the Company matching contribution remains the same, and your account will continue to be invested as you have directed. For more information on the Settlement WebsitePhilips 401(k) Plan, including the fees charged under the Plan, please refer to the Summary Plan Description and the 2018 Fee Disclosure notice on the Philips Portal. Other papers filed in Copies of mutual fund prospectuses can be obtained by contacting Vanguard Participant Services at (800) 523− 1188. Please note: All future information on this lawsuit are available matter will be provided by accessing the Court docket in settlement administrator or the plaintiffs’ law firm. We also expect that a settlement web site will be established to provide you with additional information. Neither Philips People Services nor Vanguard can provide you with any additional information on this case available through PACER (litigation matter. Associate +▇▇▇▇://.▇▇▇.▇▇▇▇▇.▇▇▇). You can contact the Claim Administrator at [address] or by telephone at [phone number]. You can also obtain additional information by contacting Class Counsel: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ GUTRIDE ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Tel: ▇▇▇-▇▇▇-▇▇▇▇ Please do not address any questions about the Settlement or Litigation to the Clerk of the Court or the Judge. To: [Customer email address] From: Class Action Claim Administrator Subject: Notice of Class Action Settlement – [Claimant Identification Number] You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons between June 1, 2015 and April 30, 2018 that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons purchased during that period. If the Settlement is approved, you will automatically receive the following: - One Promotional Code worth [SPECIFIC AMOUNT FOR CLASS MEMBER] towards a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. [repeat prior line for each promotional code] - [number] of Shipping Code[s]. Each Shipping Code can be used for free shipping on a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. You do not need to submit a Claim to receive these benefits. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED]: Instead of the Shipping and Promotional Codes set forth above, you have the right to make a claim to receive a cash refund for [SPECIFIC AMOUNT FOR CLASS MEMBER]. Read below for information about how to file your Claim. For more information about the method used to calculate the amount of the settlement benefits you may receive, review the Long Form notice available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. A class action Settlement has been reached in a case against Shutterfly, Inc (“Shutterfly”). The case alleges that ▇▇▇▇▇▇▇▇▇▇ engaged in false and misleading advertising of deals on ▇▇▇▇▇▇▇.▇▇▇. These deals were in the form of “$X for $Y to Spend at Shutterfly.” They are referred to in the lawsuit as the “Shutterfly General Spend Groupons.” Plaintiff alleges that Shutterfly failed to disclose to purchasers that they would receive a promotional code that could only be used toward full priced items and could not be combined with any other discounts offered on the Shutterfly website, including product discounts and free shipping. Shutterfly denies any wrongdoing, and the Court has made no determination about whether Plaintiff’s allegations or ▇▇▇▇▇▇▇▇▇▇’s defenses have merit. The lawsuit is ▇▇▇▇▇▇ v. Shutterfly, Inc., in United States District Court for the Northern District of California, Case No. 5:18-cv-00266-BLF. The Settlement requires Shutterfly to change its business practices and compensate consumers. You are an eligible Class Member if you are a United States resident who, (i) purchased Shutterfly General Spend Groupon any time between June 1, 2015 to April 30, 2018 that was never redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon purchased during that period. You do not need to file a claim to obtain the Shipping and Promotional Codes set forth above. Those will be sent to you automatically if the Settlement is approved. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED SHUTTERFLY GENERAL SPEND GROUPON(S)]: However, if you want a Cash Refund instead of the Shipping and Promotional Codes, you must file a claim online or to print a claim form to mail in, click <link>here</link>. The deadline to submit claims is [Date]. If your claim is valid, you will receive the cash refund amount shown above. The Settlement also requires Shutterfly to ensure that their advertising of Shutterfly General Spend Groupons discloses to consumers that they will receive a promotional code that cannot be combined with any other Shutterfly promotional codes or shipping codes. You may make Object, Opt-Out, or do nothing. If you Opt-Out of the Settlement, you may pursue a separate lawsuit, but you will not receive Shipping and Promotional Codes [or a Cash Refund]. Your Opt-Out request must be received by the Claim Administrator by [Date]. If you do not Opt- Out, you give up your right to bring a separate lawsuit. To object, you must submit a written Objection that complies with the requirements in the applicable Settlement Notice available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Your Objection must be filed with the Court by [Date]. If you do nothing and you are a Class Member, you will be releasing claims against ▇▇▇▇▇▇▇▇▇▇ that relate to the allegations in the lawsuit. The Court presiding over the case will hold a Fairness Hearing to review the Settlement. This hearing will be held on [Date], in the U.S. District Court for the Northern District of California, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, before the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Freeman. The Court will decide whether to approve the Settlement and to make certain awards to be paid by ▇▇▇▇▇▇▇▇▇▇, including whether to award Attorneys’ Fees and Costs of up to $350,000, plus $5,000 to the Plaintiff as a Class Representative Incentive Award. The Application for Attorneys’ Fees and Expenses is available on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. You may, but don't have to, attend the hearing. Shipping Codes and Promotional Codes will be issued to the Class Me m b er s only if the Settlement is approved and any Objections are resolved. Please be patient. For more information, visit ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or contact the Claim Administrator at April , 2018 [phone numberINSERT ADDRESS] or [mailing address]. Please do not telephone the Court to inquire about this settlement. Settlement Claims Administrator [Address] [Phone] ||||||||||||||||||||||| Postal Service: Please do not mark barcode «Claimant ID» «First1» «Last1» «C/O» «Addr1» «Addr2» «City», «St» «Zip» Claimant IdRe: [IDINSERT] A v. Philips North America LLC Case No. [INSERT] (S.D. Ill.) Notice Pursuant to 28 U.S.C. § 1715 Dear [INSERT]: We represent Defendant Philips North America LLC (“Defendant”) in the above-captioned action (the “[INSERT] Action”). Pursuant to 28 U.S.C. § 1715, this notice is to inform you of a proposed class action settlement has been reached with Shutterfly Inc. (“Defendant”)of the [INSERT] Action, regarding its advertisement and sale of Shutterfly General Spend Groupons. The settlement resolves a lawsuit entitled ▇▇▇▇▇▇ v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF (currently pending in the “Lawsuit”), United States District Court, Northern Court for the Southern District of California Illinois ([INSERT], J.; [INSERT], ▇.▇.), in which the plaintiffs alleged that Philips breached its fiduciary duties to the Plan and Plan participants under the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §1001, et seq. (“CourtERISA”). In accordance with 28 U.S.C. § 1715(b), Defendant states as follows:
(1) The Court authorized this notice. The Lawsuit alleges that Defendant falsely advertised deals it sold on ▇▇▇▇▇▇▇Complaint and any materials filed with the Complaint.▇▇▇
(2) Notice of any scheduled judicial hearing in the class action.
(3) Any proposed or final notification to class members.
(4) Any proposed or final class action settlement.
(5) Any settlement or other agreement contemporaneously made between class counsel and counsel for a price paid Defendant.
(“Paid Value”6) which could be redeemed at a greater dollar value (“Promotional Value”) towards a Shutterfly purchase (“Shutterfly General Spend Groupons”) by failing to disclose that the Groupon could not be redeemed at the same time as any other discounts offered on the Shutterfly website, including product discounts and free shipping. Defendants deny all allegations and claims. The Court has not decided the Lawsuit, but the parties have agreed to a class settlement to resolve the dispute. You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one A final judgment or more Shutterfly General Spend Groupons that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons. If the Settlement is approved, you will automatically receive the following benefits: The settlement website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, also contains a more detailed notice of the terms of the settlement, answers to frequently asked questions, and other information about the Lawsuit. If you cannot access the website, you can obtain detailed notice by contacting the Claim Administrator at the address or phone number on the reverse side of this card. If the settlement is approved by the Court, any legal claims you have against the Defendants that were or could have been raised in the Lawsuit related to the allegations in the Lawsuit will be released. If you wish to preserve your right to bring a separate lawsuit, you must opt out of the settlement. Alternatively, you have the right to object to the settlement. Your opt-out request or objection must be received by [Date]. For details on how to opt-out or object, visit the settlement website at ▇▇▇dismissal.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. The Court will hold a final approval hearing on [Date] at [Time] to consider whether to approve the settlement. Class Counsel will ask the Court to award them $350,000 in fees, costs and expenses, and $5,000 as an incentive to the consumer who started the Lawsuit. You may appear at the hearing, but you do not have to. To: [Customer email address] From: Class Action Claim Administrator Subject: Class Action Settlement Benefits Inside
Appears in 1 contract
Sources: Class Action Settlement Agreement
How Do I Get More Information?. You If you have general questions regarding the Settlement, you can inspect many visit this website: [WEBSITE], call 1- XXXXXXX, or write to the Settlement Administrator at Philips North America 401(k) Settlement Administrator, . Exhibit 5 Yesterday, a plaintiffs’ law firm filed a lawsuit in the Southern District of Illinois relating to the Philips North America 401(k) Plan (the “Plan”). We expect the plaintiffs’ law firm to file in the next week a motion with the court to approve a proposed settlement of the court documents connected lawsuit for $17 million and certain non− monetary relief. The settlement was agreed to in principle by the plaintiffs’ law firm and Philips after an extensive document review process by the plaintiffs’ law firm and a mediation with the assistance of an independent national mediator. The complaint alleges that the Plan paid excessive investment management and administrative fees, and that the Plan’s fiduciaries should have made different investment option choices with regard to certain funds in the Plan’s investment line up. Philips believes it has acted prudently and in the best interest of Plan participants in monitoring the fees assessed to Plan participants and in selecting and monitoring the Plan’s investment options. However, to avoid a protracted lawsuit and to put additional money toward Plan participants’ retirement savings rather than spending it on a costly legal battle, Philips decided to reach a resolution on this case on matter with the Settlement Website. Other papers filed in this lawsuit are available by accessing the Court docket in this case available through PACER (▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇). You can contact the Claim Administrator at [address] or by telephone at [phone number]. You can also obtain additional information by contacting Class Counsel: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ GUTRIDE ▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Tel: ▇▇▇-▇▇▇-▇▇▇▇ Please do not address any questions about the Settlement or Litigation to the Clerk of the Court or the Judge. To: [Customer email address] From: Class Action Claim Administrator Subject: Notice of Class Action Settlement – [Claimant Identification Number] You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons between June 1, 2015 and April 30, 2018 that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons purchased during that periodplaintiffs’ law firm. If the Settlement is approvedcourt approves the settlement, a settlement administrator will be appointed and you will automatically receive communications from the following: - One Promotional Code worth [SPECIFIC AMOUNT FOR CLASS MEMBER] towards appointed administrator outlining the distribution of settlement proceeds. If you have a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. [repeat prior line for each promotional code] - [number] of Shipping Code[s]. Each Shipping Code can be used for free shipping on a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇. You do not need to submit a Claim to receive these benefits. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED]: Instead Plan account at the time that the settlement is distributed, your portion of the Shipping settlement proceeds will be deposited directly into your Plan account. At that point will you be able to determine your portion of the settlement proceeds. Please be assured that, during the settlement approval and Promotional Codes set forth abovedistribution process, your employee contributions (if elected) will continue to be made to your account, the Company matching contribution remains the same, and your account will continue to be invested as you have the right to make a claim to receive a cash refund for [SPECIFIC AMOUNT FOR CLASS MEMBER]. Read below for information about how to file your Claimdirected. For more information about on the method used Philips 401(k) Plan, including the fees charged under the Plan, please refer to calculate the amount Summary Plan Description and the 2018 Fee Disclosure notice on the Philips Portal. Copies of mutual fund prospectuses can be obtained by contacting Vanguard Participant Services at (800) 523− 1188. Please note: All future information on this matter will be provided by the settlement benefits administrator or the plaintiffs’ law firm. We also expect that a settlement web site will be established to provide you may receive, review the Long Form notice available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇with additional information. A class action Settlement has been reached in a case against Shutterfly, Inc (“Shutterfly”). The case alleges that ▇▇▇▇▇▇▇▇▇▇ engaged in false and misleading advertising of deals on ▇▇▇▇▇▇▇.▇▇▇. These deals were in the form of “$X for $Y to Spend at Shutterfly.” They are referred to in the lawsuit as the “Shutterfly General Spend Groupons.” Plaintiff alleges that Shutterfly failed to disclose to purchasers that they would receive a promotional code that could only be used toward full priced items and could not be combined Neither Philips People Services nor Vanguard can provide you with any other discounts offered additional information on the Shutterfly website, including product discounts and free shipping. Shutterfly denies any wrongdoing, and the Court has made no determination about whether Plaintiff’s allegations or ▇▇▇▇▇▇▇▇▇▇’s defenses have merit. The lawsuit is ▇▇▇▇▇▇ v. Shutterfly, Inc., in United States District Court for the Northern District of California, Case No. 5:18-cv-00266-BLF. The Settlement requires Shutterfly to change its business practices and compensate consumers. You are an eligible Class Member if you are a United States resident who, (i) purchased Shutterfly General Spend Groupon any time between June 1, 2015 to April 30, 2018 that was never redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon purchased during that period. You do not need to file a claim to obtain the Shipping and Promotional Codes set forth above. Those will be sent to you automatically if the Settlement is approved. [PARAGRAPH FOR CLASS MEMBERS WHO REDEEMED SHUTTERFLY GENERAL SPEND GROUPON(S)]: However, if you want a Cash Refund instead of the Shipping and Promotional Codes, you must file a claim online or to print a claim form to mail in, click <link>here</link>. The deadline to submit claims is [Date]. If your claim is valid, you will receive the cash refund amount shown above. The Settlement also requires Shutterfly to ensure that their advertising of Shutterfly General Spend Groupons discloses to consumers that they will receive a promotional code that cannot be combined with any other Shutterfly promotional codes or shipping codes. You may make Object, Opt-Out, or do nothing. If you Opt-Out of the Settlement, you may pursue a separate lawsuit, but you will not receive Shipping and Promotional Codes [or a Cash Refund]. Your Opt-Out request must be received by the Claim Administrator by [Date]. If you do not Opt- Out, you give up your right to bring a separate lawsuit. To object, you must submit a written Objection that complies with the requirements in the applicable Settlement Notice available at ▇▇▇this litigation matter.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Your Objection must be filed with the Court by [Date]. If you do nothing and you are a Class Member, you will be releasing claims against ▇▇▇▇▇▇▇▇▇▇ that relate to the allegations in the lawsuit. The Court presiding over the case will hold a Fairness Hearing to review the Settlement. This hearing will be held on [Date], in the U.S. District Court for the Northern District of California, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, before the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Freeman. The Court will decide whether to approve the Settlement and to make certain awards to be paid by ▇▇▇▇▇▇▇▇▇▇, including whether to award Attorneys’ Fees and Costs of up to $350,000, plus $5,000 to the Plaintiff as a Class Representative Incentive Award. The Application for Attorneys’ Fees and Expenses is available on ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. You may, but don't have to, attend the hearing. Shipping Codes and Promotional Codes will be issued to the Class Me m b er s only if the Settlement is approved and any Objections are resolved. Please be patient. For more information, visit ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or contact the Claim Administrator at [phone number] or [mailing address]. Please do not telephone the Court to inquire about this settlement. Settlement Claims Administrator [Address] [Phone] ||||||||||||||||||||||| Postal Service: Please do not mark barcode «Claimant ID» «First1» «Last1» «C/O» «Addr1» «Addr2» «City», «St» «Zip» Claimant Id: [ID] A proposed class action settlement has been reached with Shutterfly Inc. (“Defendant”), regarding its advertisement and sale of Shutterfly General Spend Groupons. The settlement resolves a lawsuit entitled ▇▇▇▇▇▇ v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF (the “Lawsuit”), United States District Court, Northern District of California (the “Court”). The Court authorized this notice. The Lawsuit alleges that Defendant falsely advertised deals it sold on ▇▇▇▇▇▇▇.▇▇▇ for a price paid (“Paid Value”) which could be redeemed at a greater dollar value (“Promotional Value”) towards a Shutterfly purchase (“Shutterfly General Spend Groupons”) by failing to disclose that the Groupon could not be redeemed at the same time as any other discounts offered on the Shutterfly website, including product discounts and free shipping. Defendants deny all allegations and claims. The Court has not decided the Lawsuit, but the parties have agreed to a class settlement to resolve the dispute. You are receiving this notice because, according to the records of Groupon and Shutterfly, you purchased one or more Shutterfly General Spend Groupons that were never redeemed, or you redeemed one or more Shutterfly General Spend Groupons. If the Settlement is approved, you will automatically receive the following benefits: The settlement website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, also contains a more detailed notice of the terms of the settlement, answers to frequently asked questions, and other information about the Lawsuit. If you cannot access the website, you can obtain detailed notice by contacting the Claim Administrator at the address or phone number on the reverse side of this card. If the settlement is approved by the Court, any legal claims you have against the Defendants that were or could have been raised in the Lawsuit related to the allegations in the Lawsuit will be released. If you wish to preserve your right to bring a separate lawsuit, you must opt out of the settlement. Alternatively, you have the right to object to the settlement. Your opt-out request or objection must be received by [Date]. For details on how to opt-out or object, visit the settlement website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. The Court will hold a final approval hearing on [Date] at [Time] to consider whether to approve the settlement. Class Counsel will ask the Court to award them $350,000 in fees, costs and expenses, and $5,000 as an incentive to the consumer who started the Lawsuit. You may appear at the hearing, but you do not have to. To: [Customer email address] From: Class Action Claim Administrator Subject: Class Action Settlement Benefits Inside
Appears in 1 contract
Sources: Class Action Settlement Agreement