Settlement Administration. 5.1. The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendant’s Counsel and Lead Class Counsel electronic copies of all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement; (b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel (c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; (d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice. 5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse. 5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge. 5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantHHS’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward Upon request, forward to DefendantHHS’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Provide Class Counsel and HHS’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts in a form approved by Class Counsel and HHS’s Counsel, website postings or language or other communications in a form approved by Class Counsel and HHS’s Counsel with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and HHS’s Counsel agree to waive this requirement in writing on a case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class CounselCounsel and HHS’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the
(cd) Provide weekly summaries reports to Lead Class Counsel and DefendantHHS’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(de) Make available for inspection by Lead Class Counsel or DefendantHHS’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. If a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than twenty-one (21) calendar days after providing notice of the deficiency. If the Settlement Administrator receives such information more than twenty-one (21) calendar days after providing notice of the deficiency, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both Defendant5.3 HHS’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class Members. The Settlement Administrator shall follow any agreed-upon decisions Settlement
5.4 In the exercise of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challengeits duties outlined in this Agreement, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantElgin Recycling’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantElgin Recycling’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to report, prepared by Class Counsel and/or the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Settlement
(a) Forward to DefendantProvide Class Counsel and Elgin Recycling’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, website postings or language or other communications in a form approved by Class Counsel electronic copies of all original documents and other materials received in connection Elgin Recycling’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Elgin Recycling’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Elgin Recycling’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Elgin Recycling’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantElgin Recycling’s Counsel, including including, without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or DefendantElgin Recycling’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:all
(a) Forward to Provide Class Counsel and Defendant’s Counsel and Lead with drafts of administration related documents, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel electronic copies of all original documents and other materials received Defendant’s Counsel agree to waive this requirement in connection with the administration of the Settlement Agreement within thirty (30) days after the date writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form that does not contain all requested information necessary to screen submitted by a Settlement Class Member is an Approved Claim by determining if the claim for fraud or abuse.Person is on the Class List
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class Members. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form. To the extent Class Counsel and Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide such challenge. The Parties agree that be submitted to the Court for binding determination.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Defendants’ Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Defendants’ Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;Settlement,
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Defendants Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information necessary to screen must be received by the claim for fraud or abuse.Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the
5.3. Both Defendant’s 5.3 Defendants’ Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class Members. The Settlement Administrator shall follow any agreed-upon agreed decisions of Defendant’s Class Counsel and Lead Class CounselDefendants’ Counsel as to the validity of any disputed submitted Claim Form. To the extent Defendant’s Class Counsel and Lead Class Defendants’ Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challengebe submitted to ▇▇▇▇▇ ▇.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective effective, and timely manner. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDeadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms and other requests Claim Forms from Unidentified Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(e) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available requests for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable noticeexclusion and/or objections received.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Bell Flavors and Fragrances’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Bell Flavors and Fragrances’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, objections, exclusions, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:this Settlement
(a) Forward to Defendant’s Provide Class Counsel and Lead Bell Flavors and Fragrances’ Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, website postings or language or other communications in a form approved by Class Counsel electronic copies of all original documents and other materials received in connection Bell Flavors and Fragrances’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Bell Flavors and Fragrances’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Bell Flavors and Fragrances’ Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Bell Flavors and Fragrances’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Bell Flavors and Fragrances’ Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Bell Flavors and Fragrances’ Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Members on
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim and shall reject Claim Forms that does not contain all fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested information necessary to screen on the claim for fraud or abuse.Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Settlement Class
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class Members. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form. To the extent Class Counsel and Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide such challengebe submitted to ▇▇▇ ▇. The Parties agree that ▇▇▇▇▇▇▇ of JAMS for binding determination.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices practices, and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward Receive exclusion requests from Damages Settlement Subclass Members and other requests from the Injunction Settlement Class and promptly provide a copy of such requests to Class Counsel and Defendant’s Counsel and Lead upon receipt. If the Settlement Administrator receives any exclusion forms or other requests from the Injunction Settlement Class or Damages Settlement Subclass after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel electronic copies of all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDefendant’s Counsel;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the current number thereof approved by the Settlement AdministratorAdministrator at that time, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administratoropt-outs received;
(dc) Make available for inspection inspection, upon reasonable notice by Lead Class Counsel or Defendant’s Counsel Counsel, the Claim Forms Forms, any documentation submitted in support thereof, and any supporting documentation correspondence received by the Settlement Administrator at any time upon reasonable noticetime;
(d) Pay all Approved Claims according to the terms of this Settlement Agreement;
(e) Make all tax filings related to the Escrow Account; neither Class Counsel nor Defendant make any representations regarding the tax treatment of the Settlement Fund; and
(f) Respond to questions about the Settlement from class members.
5.2. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud, including by cross-referencing information from submitted Claim Forms with the Class List. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of determine whether a Claim Form submitted by Class Membersa Damages Settlement Subclass Member is an Approved Claim and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a person submits a timely Claim Form by the Claims Deadline, but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such person reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than twenty-eight (28) calendar days after the Settlement Administrator’s request for additional information. In the event the Settlement Administrator receives such information more than twenty-eight (28) calendar days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall follow may contact any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member person who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file has submitted a Claim Form will not be entitled to receive any cash award or any other benefits pursuant obtain additional information necessary to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of verify the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsClaim Form.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Target Graphics’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Target Graphics’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Target Graphics, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:to
(a) Forward to Defendant’s Provide Class Counsel and Lead Target Graphics’ Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Target Graphics’ Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Target Graphics’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Target Graphics’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Target Graphics’ Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Target Graphics’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Target Graphics’ Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits soughtexclusion requests received, the number thereof approved by the Settlement Administratorof claims made, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;individuals who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Target Graphics’ Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:submitted by
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings
(c) Receive exclusion forms and other requests Claim Forms from Unidentified Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(df) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.submitted by a
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class MembersMember, as well as any request for exclusion. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate disputed claim shall be submitted to The ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Rosen (▇▇▇.) of JAMS Detroit for a binding determination. Judge shall timely decide ▇▇▇▇▇ will charge his JAMS hourly rate for providing such challenge. The Parties agree that services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Magistrate Judge resulting from Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any such challengeclaims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.4. Any Class Member who does not, in accordance with the terms 5.6 All taxes and conditions tax expenses shall be paid out of this Agreement, seek exclusion from the Settlement Class or Fund and shall be timely file a Claim Form will not be entitled to receive any cash award or any other benefits paid by the Settlement Administrator pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all Agreement and without further order of the terms of Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Agreement, including the terms Fund shall be paid out of the Judgment to be entered in Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any acts or omissions of the Released Parties concerning Settlement Administrator or its agents with respect to the Released Claimspayment of taxes or tax expenses.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the monetary relief provided by this Settlement Agreement by processing Claim Forms and requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective effective, and timely manner, consistent with the terms of this Settlement Agreement. The terms of this Settlement Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the Settlement, and the terms of any separate contract or agreement entered into between or among the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Noticeclaims, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:opt-
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies (with the exception of the Class List), all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementClaims Deadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;requests for
(de) Make available for inspection by Lead Class Counsel or and/or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantFort Dearborn’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantFort Dearborn’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Fort Dearborn’s Counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantProvide Class Counsel and Fort Dearborn’s Counsel and Lead Class Counsel electronic copies with drafts of all original documents and other materials received administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally a form approved or disallowed per the terms of the Settlement Agreement;by
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Fort Dearborn’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Fort Dearborn’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantFort Dearborn’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or DefendantFort Dearborn’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. (e) The Settlement Administrator shall be obliged open the Escrow Account and make all Settlement Payments to employ reasonable procedures to screen claims for abuse Class Members by check and send them via First Class U.S. Mail, or fraud, via other means as agreed between the Settlement Administrator and shall reject a Claim Form where there is evidence of abuse or fraudthe Settlement Class Members in accordance with the terms herein. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary make the payments to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel , Plaintiff and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will payees by check or as otherwise be bound together with all Class Members directed by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claimsthese payees.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:as
(a) Forward to DefendantProvide Class Counsel and Congress Plaza’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Congress Plaza’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Congress Plaza’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Congress Plaza’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Congress Plaza’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Congress Plaza’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantCongress Plaza’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members who are unsuccessfully delivered notice; and
(d) Make available for inspection by Lead Class Counsel or DefendantCongress Plaza’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of Subject to approval by the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel shall be responsible for mailing the Settlement Notices; receiving and Lead logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Counsel electronic copies of all original documents and other materials received in connection with Members; reporting on the administration status of the Settlement Agreement claims administration to counsel for the Parties; sending the notices required by CAFA within thirty the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election forms, accompanying Amendments and Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the Parties may direct. Within seven (307) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly Court’s Preliminary Approval, Defendants will provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or frauda database listing of the names, last known addresses, dates contracted by Flowers/Oxford as distributors during a Covered Period, and shall reject a Claim Form where there is evidence social security numbers or dates of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen birth of the claim for fraud or abuse.
5.3. Both Defendant’s Counsel Named Plaintiffs, FLSA Collective Members, and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To will perform the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, following functions in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing of the Judgment to be entered in the Action Settlement Notices and the releases provided for in the Agreement, and will be barred from bringing any action against any then updated every 14 days thereafter: (i) a list of the Released Parties concerning names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned to the Released Claims.Settlement Administrator as undeliverable along with a report indicating steps taken by the Settlement Administrator to locate updated address information for such Class Members and FLSA Collective Members and to resend the Settlement Notices, and/or whose Settlement Notices have been forwarded to an updated address by the United States Postal Service;
Appears in 1 contract
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantNuestro Queso’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantNuestro Queso’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed report, prepared by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Counsel and/or the
(a) Forward to DefendantProvide Class Counsel and Nuestro Queso’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Nuestro Queso’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Nuestro Queso’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Nuestro Queso’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Nuestro Queso’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Nuestro Queso’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantNuestro Queso’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or DefendantNuestro Queso’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantMRT Sureway, Inc.’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantMRT Sureway, Inc.’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by MRT Sureway, Inc.’s Counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantProvide Class Counsel and MRT Sureway, Inc.’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and MRT Sureway, Inc.’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and MRT Sureway, Inc.’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved Administrator is required to or disallowed per the terms of the Settlement Agreement;intends
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and MRT Sureway, Inc.’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and MRT Sureway, Inc.’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantMRT Sureway, Inc.’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or DefendantMRT Sureway, Inc.’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject any claim that does not comply in any material respect with the instructions on the Claim Form or the terms of Sections 2.3 and/or 2.4, above, or is submitted after the Claims Deadline. Each claimant who submits an invalid Claim Form to the Settlement Administrator must be given a notice of the Claim Form’s deficiency and an opportunity to cure the deficiency within twenty-one (21) days of the date of the notice. The Settlement Administrator may contact any Person who has submitted a Claim Form that does not contain all requested to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class MembersMembers and to obtain and review supporting documentation relating to such Claim Form. The Settlement Administrator shall follow any agreed-upon decisions If a claim determination is
5.4 In the exercise of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challengeits duties outlined in this Agreement, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantDart Casting, Inc.’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantDart Casting, Inc.’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Dart Casting, Inc.’s counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the
(a) Forward to DefendantProvide Class Counsel and Dart Casting, Inc.’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Dart Casting, Inc.’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Dart Casting, Inc.’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Dart Casting, Inc.’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Dart Casting, Inc.’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Dart Casting, Inc.’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantDart Casting, Inc.’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or DefendantDart Casting, Inc.’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantPlatinum Converting’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantPlatinum Converting’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Platinum Converting, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantProvide Class Counsel and Platinum Converting’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Platinum Converting’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Platinum Converting’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Platinum Converting’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Platinum Converting’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Platinum Converting’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantPlatinum Converting’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits soughtexclusion requests received, the number thereof approved by the Settlement Administratorof claims made, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;individuals who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or DefendantPlatinum Converting’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1.
8.1 The Settlement Administrator shallshall perform all of the functions of the Settlement Administrator under this Agreement.
8.2 Before the Class Notice Date, the Settlement Administrator shall establish a toll-free telephone number that Settlement Class Members can call and which contains recorded answers to frequently asked questions. This toll-free service shall be provided in consultation with Lead both English and French.
8.3 Before the Class Notice Date, the Settlement Administrator shall establish the Settlement Website and publish on the Settlement Website: (i) the Agreement; (ii) the Authorization and Approval Hearing Order; (iii) the Notice of Authorization and Approval Hearing; and (iv) the Opt-Out Form.
8.4 On or before the Authorization and Approval Hearing, the Respondents will deliver to Class Counsel a signed acknowledgement by the Settlement Administrator in which it accepts and Defendant’s Counsel and under attorns to the supervision exclusive jurisdiction of the Court, administer Court in respect of any matter related to the relief provided by enforcement of this Settlement Agreement by processing Claim Agreement.
8.5 The Settlement Administrator shall process any and all Opt-Out Forms in a rational, responsive, cost effective accordance with the terms of this Agreement and timely mannercompile the Opt-Out List. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available thereafter deliver the Threshold Notification, including the Opt-Out List, to Lead Class Counsel and Defendant’s Counsel, Defence Counsel on or before the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to Threshold Notification Date.
8.6 Promptly after the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation issuance of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoingApproval Order, the Settlement Administrator shall:
: (a1) Forward to Defendant’s Counsel and Lead Class Counsel electronic copies publish the Claim Form on the Settlement Website; (2) publish on the Settlement Website the Notice of all original documents and other materials received in connection with the administration Settlement Approval; and, (3) send a copy of the Notice of Settlement Agreement within thirty (30) days after Approval by email to every Class Member who previously registered their email address on the date Settlement Website.
8.7 The Settlement Website and all documents published on which the Settlement Website shall be published in both English and French.
8.8 After the Claim Deadline, the Settlement Administrator shall review all Claim Forms have been finally approved received or disallowed per the terms of the Settlement Agreement;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel postmarked before the Claim Forms Deadline and any supporting documentation received by determine whether each is either: (i) valid, as meeting the Settlement Administrator at any time upon reasonable noticerequirements of this Agreement; or (ii) invalid, as failing to meet the requirements of this Agreement.
5.2. 8.9 The Settlement Administrator shall be obliged thereafter deliver to employ reasonable procedures to screen claims for abuse or fraud, both the Respondents and shall reject Class Counsel: (i) a true and accurate list of all Settlement Class Members who submitted an invalid Claim Form; (ii) a true and accurate list of all Settlement Class Members who submitted a valid Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen (i.e. the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement AgreementEligible Claimants), including the terms amount of the Judgment to be entered in the Action each Eligible Claimant’s Settlement Payment and the releases provided for in the Agreement, and will be barred from bringing any action against any total sum of the Released Parties concerning the Released Claims.all Settlement Payments; and
Appears in 1 contract
Settlement Administration. 5.131. On or after the Settlement Approval Hearing, the Plaintiffs will apply to the Court for approval of the Settlement Administration Plan. The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records Administration Plan will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shallset out:
(a) Forward to Defendant’s Counsel the form and Lead Class Counsel electronic copies of all original documents and other materials received in connection with the administration procedure by which notice of the Settlement Agreement within thirty (30) days after shall be provided to the date on which all Claim Forms have been finally approved or disallowed per the terms Class Members, including notice of the Settlement Agreementlegal fees and expenses paid or payable to Class Counsel and the procedure by which Class Members can opt-out of the Settlement;
(b) Receive exclusion forms and other requests from the procedure by which Class Members to exclude themselves from can claim an entitlement under the Settlement Agreement and promptly provide to Lead Class CounselSettlement; and
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number procedure for the determination of Claim Forms received eligible claims and the amount of benefits sought, the number thereof approved by the Settlement Administratorthose claims, and the categorization subsequent payment of them.
32. The Court shall have complete discretion to either approve or amend the Settlement Administration Plan. The Settlement Administration Plan shall not form part of this Settlement Agreement and description the approval and/or the effect of Claim Forms rejectedthis Settlement Agreement shall not be contingent on either the approval of the Settlement Administration Plan or the presentation of the Settlement Administration Plan at the Settlement Approval Hearing.
33. The Settling Defendants shall not have standing to make submissions regarding the Settlement Administration Plan.
34. The Settlement Fund shall be disbursed in accordance with the Settlement Administration Plan or as otherwise directed by the Court.
35. After the Effective Date of Settlement, in whole or order to assist the Plaintiffs in partthe settlement administration, the Plaintiffs shall obtain a court order at their expense and which will not be opposed by the Settling Defendants, that authorizes Affinor to provide any available list of names and mailing addresses of the non-objecting beneficial owners of Affinor shares in its possession (the “NOBO lists”) that were prepared for Affinor’s 2018 and 2019 Annual General Meetings to Class Counsel. If no such NOBO lists are currently available, then Affinor will deliver a list of any available names and mailing addresses of the non- objecting beneficial owners of Affinor shares that was used for Affinor’s 2021 Annual General Meeting in its possession. In providing the information described above, the Settling Defendants make no representation or admission that the persons whose names and addresses appear on the list are Class Members, and make no representation as to the accuracy or completeness of the information. Inaccuracy in any such information shall not constitute a breach or violation of this Settlement AdministratorAgreement.
36. Class Counsel, any Court-appointed notice provider and any Court-appointed claims administrator shall maintain the information provided in accordance with Paragraph 35 as confidential and may only use the information provided under Paragraph 35 for the purposes of:
(a) facilitating the dissemination of the notices required to the class;
(b) advising Class Members who purchased Affinor shares during the Class Period of any subsequent settlement agreement reached in the Proceedings, any related approval hearings, and any other major steps in the Proceedings;
(c) facilitating the claims administration process with respect to this Settlement Agreement and any other settlement agreement and/or Court award achieved in the Proceedings; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members reason authorized by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsCourt Order.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementObjection/Exclusion Deadline;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s CounselCounsel with drafts of all administration related documents, including without limitationbut not limited to CAFA Notices, reports regarding the number of Claim Forms received and the amount of benefits soughtfollow-up class notices or communications with Settlement Class Members, the number thereof approved by telephone scripts, website postings or language or other communications with the Settlement AdministratorClass, and the categorization and description of Claim Forms rejected, in whole or in part, by at least five (5) days before the Settlement Administrator;Administrator is required to or intends to publish or use such communications, unless
(dc) Make available for inspection by Lead Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel or and Defendant’s Counsel the Claim Forms and any supporting documentation received by copies thereof. If the Settlement Administrator at receives any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims exclusion forms or other requests after the deadline for abuse or fraudthe submission of such forms and requests, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any promptly provide copies thereof to Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.Counsel and
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantWaste Management’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantWaste Management’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Waste Management, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward Upon request, forward to DefendantWaste Management’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;on
(b) Provide Class Counsel and Waste Management’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts in a form approved by Class Counsel and Waste Management’s Counsel, website postings or language or other communications in a form approved by Class Counsel and Waste Management’s Counsel with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Waste Management’s Counsel agree to waive this requirement in writing on a case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Waste Management’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Waste Management’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and DefendantWaste Management’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(de) Make available for inspection by Lead Class Counsel or DefendantWaste Management’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.or
5.3. Both Defendant5.3 Waste Management’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class Members. The Settlement Administrator shall follow any agreed-upon agreed decisions of DefendantClass Counsel and Waste Management’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form. To the extent Defendant’s Class Counsel and Lead Class Waste Management’s Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide such challenge. The Parties agree that be submitted to the Court for binding determination.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner, consistent with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives 's Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s 's Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the
(a) Forward to Defendant’s Counsel and Lead 's Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Provide Class Counsel and Defendant's Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant's Counsel agree to waive this requirement in writing on a case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s 's Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant's Counsel;
(d) Provide weekly reports to Class Counsel and Defendant's Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(de) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.'s Counsel
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. If a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. If the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.3 Defendant’s 's Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class Members. The Settlement Administrator shall follow any agreed-upon agreed decisions of Defendant’s Class Counsel and Lead Class CounselDefendant's Counsel as to the validity of any disputed submitted Claim Form. To the extent Defendant’s Class Counsel and Lead Class Defendant's Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide be submitted to ▇▇▇▇ ▇▇▇▇▇▇▇, Esq. of Judicate West. ▇▇. ▇▇▇▇▇▇▇ will charge the Judicate West hourly rate for providing such challenge. The Parties agree that services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report post-distribution accounting of all amounts from the Settlement Fund paid to members of the Settlement Class on account Members, the number and value of Approved Claimschecks not cashed, the number and value of electronic payments unprocessed, and the amount distributed to any cy pres recipient. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward Receive requests to be excluded from the Settlement Class and promptly provide Class Counsel and Defendant’s Counsel and Lead copies thereof. If the Settlement Administrator receives any exclusion forms after the deadline for the submission of such forms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel electronic copies of all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDefendant’s Counsel;
(b) Receive exclusion forms Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other requests from Class Members to exclude themselves from communications with the Settlement Agreement and promptly provide Class, at least five (5) business days before the Settlement Administrator is required to Lead Class Counselor intends to publish or use such communications, unless
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports Counsel regarding the number of Claim Forms received and received, the amount of benefits sought, the number thereof approved by the Settlement AdministratorPayments associated with those Claim Forms, and the categorization and description of Claim Forms Claims Form rejected, in whole or in part, by the Settlement Administrator;; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall distribute the Settlement Payments according to the provisions enumerated in Section 2.1.
5.3 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud, including by cross-referencing Approved Claims with the Class List. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a person submits a timely Claim Form by the Claims Deadline but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall give such person reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than twenty-eight (28) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than twenty-eight (28) calendar days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any person who has submitted a Claim Form to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.4 Class Counsel and Defendant’s Counsel and Lead Class Counsel shall both have the right to challenge the Settlement Administrator’s acceptance or rejection of a any particular Claim Form submitted by or the amount proposed to be paid on account of any particular Settlement Class MembersMember’s claim. The Settlement Administrator shall follow any agreed-upon joint decisions of Class Counsel and Defendant’s Counsel as to the validity or amount of any disputed claim. Where Class Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challengedisagree, the Magistrate Judge shall timely decide such challenge. The Parties agree that Settlement Administrator will finally resolve the dispute and the claim will be treated in the manner designated by the Settlement Administrator.
5.5 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision right to reasonably request additional information from the Parties or any Settlement Class Member.
5.6 All taxes and tax expenses shall be paid out of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does notSettlement Fund, in accordance with the terms and conditions of this Agreement, seek exclusion from shall be timely paid by the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits Administrator pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all Agreement and without further order of the terms of Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Agreement, including the terms Fund shall be paid out of the Judgment to be entered in Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any acts or omissions of the Released Parties concerning Settlement Administrator or its agents with respect to the Released Claimspayment of taxes or tax expenses.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner, consistent with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(de) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. If a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. If the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class Members. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form. To the extent Class Counsel and Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide be submitted to ▇▇▇▇ ▇▇▇▇▇▇▇, Esq. of Judicate West. ▇▇. ▇▇▇▇▇▇▇ will charge the Judicate West hourly rate for providing such challenge. The Parties agree that services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Defendants’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Defendants, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Provide Class Counsel and Lead Defendants’ Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Defendants’ Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Defendants’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendants’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class CounselCounsel and Defendants’ Counsel copies thereof no later than three
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits soughtexclusion requests received, the number thereof approved by the Settlement Administratorof claims made, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;individuals who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Defendants’ Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantTermax’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantTermax’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Termax, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the
(a) Forward Upon request, forward to DefendantTermax’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Provide Class Counsel and Termax’s Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel and Termax’s Counsel, website postings or language or other communications in a form approved by Class Counsel and Termax’s Counsel with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Termax’s Counsel agree to waive this requirement in writing on a case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Termax’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Termax’ Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and DefendantTermax’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(de) Make available for inspection by Lead Class Counsel or DefendantTermax’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. If a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted the Claim Form at least one time by telephone where a telephone number is available, or if no telephone number is available, by regular U.S. mail, to give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than twenty-one (21) days after providing notice of the deficiency. If the Settlement Administrator receives such information more than twenty-one (21) days after providing notice of the deficiency, then any such claim shall be denied. If a claimant is not included in the Class List, then the Settlement Administrator shall immediately forward the claim to Termax, through Defendant’s Counsel, to conduct a reasonable investigation to help determine whether the claim is valid. Defendant shall complete the investigation within 14 days of such notice. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both Defendant5.3 Termax’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by a Settlement Class MembersMember. The Settlement Administrator shall follow any agreed-upon decisions Settlement
5.4 In the exercise of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challengeits duties outlined in this Agreement, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1A. Within seven (7) days after the occurrence of both 1) notice of entry of an order granting preliminary approval and 2) delivery of the Confidentiality Confirmation referenced below, Defendants will provide to the Settlement Administrator an Excel spreadsheet that includes, for each Class Member (to the extent such information is available in Defendants’ business records), the individual’s name, last known U.S. mailing address, email address, telephone number, and the name of the Rewards program in which the Class Member was enrolled (the “Class List”). The Settlement Administrator shallClass List shall be designated as Confidential and used only for purposes of this settlement, in consultation with Lead including settlement administration. Prior to producing the Class Counsel and Defendant’s Counsel and under List, the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records agree in writing that the Class List shall be designated as Confidential and used only for purposes of its activities under this settlement, including settlement administration (the “Confidentiality Confirmation”), and a signed copy of that Confidentiality Confirmation shall be delivered to Defendants’ counsel. Upon inquiry directly from a Class Member or potential Class Member to Class Counsel or the Settlement Agreement. The Administrator, the Settlement Administrator is authorized to provide to Class Counsel the name and contact information for such individual as reflected in the Class List, provided, however, that at least two business days before the Settlement Administrator provides any such information to Class Counsel, the Settlement Administrator shall maintain all notify Defendants’ counsel of the contact.
B. No later than thirty-five (35) days after notice of entry of an order granting preliminary approval, or by such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court date as the Court may requireestablish, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last-known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverable so as to indicate that the email address is not valid, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. The Parties shall provide Lead have the right to direct the dissemination of notice by different or additional means.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Counsel Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid mailing address, and Defendant’s Counsel with information concerning Noticeif a new address is obtained, administration and implementation of will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the SAC, the Settlement Agreement. Should the Court request, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, and any other materials agreed to by the Parties.
E. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
F. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in conjunction this section. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, and telephone number, along with the statement “I wish to be excluded from the Bradford Exchange – Hammacher ▇▇▇▇▇▇▇▇▇ Automatic Renewal Settlement” or words to that effect. Any request for exclusion must be personally signed by each person requesting exclusion. So-called “mass” or “class” opt-outs shall not be allowed. To be timely, the request for exclusion must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or email, the date of return will be the date the request for exclusion is received by the Settlement Administrator. Those Class Members who submit timely requests for exclusion will be referred to as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion shall be sent by regular mail, electronic mail, or hand-delivery to the Settlement Administrator, shall submit a timely report as follows: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Settlement Administrator, c/o CPT Group, Inc., ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇; or to the Court summarizing the work performed an email address to be established by the Settlement Administrator, including .
G. In order to receive a report of all amounts from the Settlement Fund paid to members share of the Settlement Amount, Class on account of Approved Claims. Without limiting the foregoingMembers must file a timely Claim, either electronically via the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel Website or a paper Claim Form, and Lead Class Counsel electronic copies of all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all that Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved must be validated by the Settlement Administrator. Defendants will provide the Settlement Administrator with documents or data in its possession, custody, or control that are reasonably necessary to validate Claims. All such documents and data shall be Confidential and used only for implementation of the Settlement.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the categorization claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and description signed by the claimant.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim Forms rejectedis returned by U.S. Mail, in whole the date of return will be the date of postmark. If the Claim is returned by personal delivery or in partemail, the date of return will be the date the Claim is received by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel . The Parties may jointly direct the Settlement Administrator to treat as timely a Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable noticeafter the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
5.2I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency.
J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants.
K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be obliged final and not subject to employ reasonable procedures review or appeal.
L. Any Class Member who wishes to screen claims for abuse or fraudobject to the Settlement may do so in writing. To object to the Settlement in writing, a Class Member must file a written objection with the Court and serve copies of the objection on Class Counsel, Defendants’ counsel, and shall reject the Settlement Administrator, no later than the Claim/Exclusion/Objection Deadline. The written objection must set forth the name of the lawsuit (▇▇▇▇▇▇▇ v. The Bradford Exchange, Ltd., Case No. 37-2022- 00009703-CU-BT-CTL) the Class Member’s name, address, and telephone number, and the following statement: “I declare under penalty of perjury that, to the best of my knowledge, between March 14, 2018 and October 7, 2022, I was enrolled in either the Bradford Rewards program or the Hammacher Rewards program and was charged a Claim Form where there is evidence membership fee for such program, and I wish to object to the Settlement.” The written objection must also state the factual and legal basis for the objection; the name and contact information of abuse any and all attorneys representing, advising, or fraudin any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection; and a statement indicating whether the objector intends to appear at the Final Approval Hearing. Any documents that the objecting Class Member wishes for the Court to consider must also be attached to the objection. Any written objection must be filed with the Court and served by mail as follows:
(1) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Settlement Administrator, c/o CPT Group, Inc., ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇; (2) to Defendants’ counsel, ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, LLP, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇; and (3) to Class Counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Dostart ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. The Settlement Administrator shall also reject will promptly compare the information submitted by the objector against the Class List and advise Class Counsel and Defendants’ counsel whether it appears that the objector is in fact a Claim Form that does not contain all requested information necessary Class Member. Class Counsel and Defendants will respond to screen any written objections, as appropriate, either in briefs filed in advance of the claim for fraud final approval hearing or abuseat the final approval hearing.
5.3. Both Defendant’s Counsel M. Class Members who submit a valid claim and Lead Class Counsel shall have do not submit a timely and valid request for exclusion are referred to as the right to challenge the acceptance or rejection of a Claim Form submitted by “Participating Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead .” Only Participating Class Counsel. To Members will receive settlement payments under the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does notSettlement, in accordance with Section VIII, below.
N. No later than ten (10) court days following the terms and conditions of this AgreementClaim/Exclusion/Objection Deadline, seek exclusion from the Settlement Administrator will make available to Class or timely file Counsel and Defendants’ counsel a Claim Form will not be entitled report identifying the name of each Excluded Class Member and each Class Member who has objected to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsSettlement.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1. 5.1 AMC shall administer sending links to register for a free year of AMC Stubs Premiere Membership to those Settlement Class Members who do not elect a cash payment or elect to exclude themselves from the Settlement.
5.2 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the monetary relief provided by this Settlement Agreement by processing Claim Forms and disbursing funds in a rational, responsive, cost effective effective, and timely manner, consistent with the terms of this Agreement. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the monetary relief provided by the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning claims, Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all cash amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDeadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtrequests for exclusion and/or objections received.
5.3 Defendant, the number thereof approved Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, and the categorization and description or any of Claim Forms rejectedtheir respective designees or agents, in whole or in part, by connection with the administration of the Settlement Administrator;or otherwise; (ii) the management, investment, or distribution of the cash payment; (iii) the payment of the cash payment to Settlement Class Members or the implementation, administration, or interpretation
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms 5.4 All taxes and any supporting documentation received tax expenses, if any, shall be timely paid by the Settlement Administrator at any time upon reasonable notice.
5.2and reimbursed by Defendant pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement shall be paid out of the Settlement as provided herein. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel Released Parties shall have no responsibility or liability for the right to challenge the acceptance acts or rejection omissions of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow or its agents with respect to the decision payment of the Magistrate Judge resulting from any such challengetaxes or tax expenses.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:as
(a) Forward to Defendant’s Provide Class Counsel and Lead Spring-Fill Industries’ Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Spring-Fill Industries’ Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Spring-Fill Industries’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Spring-Fill Industries’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Spring-Fill Industries’ Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Spring-Fill Industries’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Spring-Fill Industries’ Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Spring-Fill Industries’ Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms and disbursing cash in the Cash Payment Fund and the Fandango at Home Vouchers in a rational, responsive, cost effective effective, and timely manner, consistent with the terms of this Agreement. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the compensatory relief provided by the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning claims, opt-outs, objections, Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies (with the exception of the Class List), all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;connection
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administratorrequests for exclusion and/or objections received, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and.
(de) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud5.2 Defendant, the Released Parties, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance no responsibility for, interest in, or rejection of a Claim Form submitted liability whatsoever with respect to: (i) any act, omission, or determination by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that or the Settlement Administrator shall thereafter follow Administrator, or any of their respective designees or agents, in connection with the decision administration of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.otherwise;
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:,
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(c) Provide bi-weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.;
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of determine whether a Claim Form submitted by a Settlement Class Members. The Settlement Administrator Member is an Approved Claim and shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To reject Claim Forms that fail to (a) comply with the extent Defendant’s Counsel and Lead Class Counsel are not able to agree instructions on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with Claim Form or the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.(b)
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms payments in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms payments have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Receive exclusion forms Provide Class Counsel and other requests from Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Members, telephone scripts in a form approved by Class Counsel and Defendant’s Counsel, including without limitationwebsite postings or language or other communications in a form approved by Class Counsel and Defendant’s Counsel with the Settlement Class, reports regarding at least five
(c) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by such requests received. If the Settlement Administrator at receives any time upon reasonable notice.
5.2. The exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall be obliged promptly provide copies thereof to employ reasonable procedures to screen claims for abuse or fraud, Class Counsel and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class await guidance from Counsel as to treatment thereof;
5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to challenge reasonably request additional information from the acceptance Parties or rejection of a Claim Form submitted by any Settlement Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Member.
5.3 Defendant, the Released Parties, and Defendant’s Counsel and Lead shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation
5.4 All taxes and tax expenses shall be paid out of the Settlement Fund, and shall be timely decide such challenge. The Parties agree that paid by the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all Agreement and without further order of the terms of Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Agreement, including the terms Fund shall be paid out of the Judgment to be entered in Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any acts or omissions of the Released Parties concerning Settlement Administrator or its agents with respect to the Released Claimspayment of taxes or tax expenses.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:maintain
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class CounselCounsel and Defendant’s Counsel copies thereof. If the
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(de) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of determine whether a Claim Form submitted by a Settlement Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To Member is an Approved Claim by determining if the extent Defendant’s Counsel and Lead Class Counsel are not able to agree Person is on the disposition Class List or has attested on the Claim Form to Michigan residence and a Hearst publication purchase and/or subscription associated with that identity and a Michigan address on or before July 30, 2016 and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement (including attestation as to inclusion in the Settlement Class), or (b) provide full and complete information as requested on the Claim Form. In the event a challengePerson submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, the Magistrate Judge shall timely decide such challenge. The Parties agree that then the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from give such Person one (1) reasonable opportunity to provide any such challenge.
5.4. Any Class Member who does notrequested missing information, in accordance with the terms and conditions of this Agreement, seek exclusion from which information must be received by the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Agreement, but will otherwise be bound together with all Class Members by all of Administrator receives such information more than thirty (30) days after the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.Claims Deadline,
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:its
(a) Forward to Defendant’s Provide Class Counsel and Lead ▇▇▇▇▇▇’▇ Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and ▇▇▇▇▇▇’▇ Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and ▇▇▇▇▇▇’▇ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and ▇▇▇▇▇▇’▇ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and ▇▇▇▇▇▇’▇ Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and ▇▇▇▇▇▇’▇ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s ▇▇▇▇▇▇’▇ Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits soughtexclusion requests received, the number thereof approved by the Settlement Administratorof claims made, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;individuals who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s ▇▇▇▇▇▇’▇ Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of Subject to approval by the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel shall be responsible for mailing the Settlement Notices; receiving and Lead logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Counsel electronic copies of all original documents and other materials received in connection with Members; reporting on the administration status of the Settlement Agreement claims administration to counsel for the Parties; sending the notices required by CAFA within thirty the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election forms, accompanying Amendments and Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the Parties may direct. Within seven (307) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly Court’s Preliminary Approval, Defendants will provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or frauda database listing of the names, last known addresses, dates contracted by ▇▇▇▇▇▇▇▇ as distributors during a Covered Period, and shall reject a Claim Form where there is evidence social security numbers or dates of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen birth of the claim for fraud or abuse.
5.3. Both Defendant’s Counsel Named Plaintiffs, FLSA Collective Members, and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To will perform the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, following functions in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing of the Judgment to be entered in the Action Settlement Notices and the releases provided for in the Agreement, and will be barred from bringing any action against any then updated every 14 days thereafter: (i) a list of the Released Parties concerning names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned to the Released Claims.Settlement Administrator as undeliverable along with a report indicating steps taken by the Settlement Administrator to locate updated address information for such Class Members and FLSA Collective Members and to resend the Settlement Notices, and/or whose Settlement Notices have been forwarded to an updated address by the United States Postal Service;
Appears in 1 contract
Sources: Class and Collective Action Settlement Agreement and Release
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law law, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”), and in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementObjection/Exclusion Deadline;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s CounselCounsel with drafts of all administration related documents, including without limitationbut not limited to, reports regarding the number of Claim Forms received and the amount of benefits soughtclass notices or communications with Settlement Class Members, the number thereof approved by telephone scripts, website postings or language, or other communications with the Settlement AdministratorClass, and the categorization and description of Claim Forms rejected, in whole or in part, by at least five (5) days before the Settlement Administrator;
(d) Make available for inspection by Lead Administrator is required to or intends to publish or use such communications, unless Class Counsel or and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis; and
(c) Receive objections and requests to be excluded from the Claim Forms Settlement Class and any supporting documentation received by other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator at receives any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims objections, exclusion forms or other requests after the deadline for abuse or fraudthe submission of such forms and requests, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any promptly provide copies thereof to Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.Counsel and
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and shall administer the Settlement under the supervision of the Court, Court and shall administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely mannerAgreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records Agreement and as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendantand/or Chandon’s Counsel, the Parties and/or their representatives counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendantand/or Chandon’s Counsel counsel with information concerning Notice, Notice and administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Administrator shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward Obtain from Chandon or elsewhere the name, email, and mailing address information for Settlement Class Members (to Defendant’s Counsel the extent available), and Lead verify and update the addresses received, for the purpose of sending the Notice to Settlement Class Counsel electronic copies of all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementMembers;
(b) Receive exclusion forms requests, objections, and other requests from the Settlement Class Members and promptly provide a copy of such materials to exclude themselves Class Counsel and Chandon’s counsel upon receipt. If the Settlement Administrator receives any exclusion requests, objections, or other requests from the Settlement Agreement and Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Lead Class CounselCounsel and to Chandon’s counsel;
(c) Provide weekly summaries Establish and maintain the settlement website;
(d) Respond to Lead any Settlement Class Member inquiries by mail, e-mail or telephone;
(e) Upon receipt of a Settlement Class Member’s dispute as to his/her qualifying purchases, the Settlement Administrator shall promptly notify and provide a copy of the dispute to Class Counsel and DefendantChandon’s Counsel.
(f) Provide weekly reports to Class Counsel and Chandon’s Counsel, including without limitation, reports regarding the number of Claim Forms received opt-outs and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administratorobjections received;
(dg) Make available for inspection by Lead Class Counsel or Defendantand/or Chandon’s Counsel the Claim Forms and any supporting documentation correspondence from a Settlement Class Member received by the Settlement Administrator at any time upon reasonable notice; and
(h) Oversee the distribution of the Vouchers to the class, including obtaining the information relating to the total amount of the Settlement Class Members’ Club Chandon Purchases during the relevant period, for the purpose of overseeing distribution of the Vouchers. No later than thirty (30) days after the Effective Date, the Settlement Administrator shall send one or more Vouchers, as described in Paragraph 2.2, to each Settlement Class Member who did not opt out. For those Settlement Class Members who the Settlement Administrator determines have valid e-mail addresses, the Settlement Administrator shall send the Voucher(s) by e-mail. For those Settlement Class Members who the Settlement Administrator determines do not have valid e-mail addresses, or for whom the e-mailed Voucher(s) is undeliverable, the Settlement Administrator shall send the Voucher(s) by U.S. Mail.
5.2. The In the exercise of its duties outlined in this Settlement Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge reasonably request additional information from any Settlement Class Member.
5.3. The Final Approval Hearing shall be set for a date no less than seventy-five (75) days after the acceptance or rejection of a Claim Form submitted by Class MembersNotice described in Paragraph 4.2(a) is disseminated.
5.4. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel Administrator, Chandon, and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on shall keep the disposition Class List and all personal information regarding Settlement Class Members, including the identity, telephone numbers, email addresses, and U.S. mailing addresses of a challenge, the Magistrate Judge Settlement Class Members strictly confidential in accordance with applicable law and confidentiality agreements that they shall timely decide such challengeexecute or have already executed. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits all information provided by Chandon about its customers pursuant to this Settlement Agreement, but will otherwise including without limitation the Class List, may not be bound together with all Class Members by all of used for any purpose other than effectuating the terms of this Settlement Agreement or the duties or obligations arising hereunder.
5.5. Notwithstanding anything to the contrary in this Settlement Agreement, including in no event shall Plaintiff or Class Counsel be entitled to receive, nor shall the terms Settlement Administrator provide to either of them, the Judgment name, identity, telephone number, e-mail address, address, or other identifying information regarding any purported class member or Settlement Class Member, except to be entered in the Action and extent of providing copies of materials that such individual has affirmatively provided to the releases provided for in Settlement Administrator or the AgreementCourt, and will be barred from bringing any action against any of the Released Parties concerning the Released Claimssuch as a letter, exclusion request, or objection.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 3.1 The Settlement Administrator shallAdministrator, in consultation with Lead at the direction of Class Counsel and Defendant’s Counsel and under subject to the supervision of the Court, shall administer the relief provided by this Settlement Agreement by processing Claim Forms providing Notice and distributing Settlement Payments in a rational, responsivereasonable, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require, including those set forth in the Preliminary Approval Order. Without limiting the foregoing, the Settlement Administrator shall:
(a) Obtain the Settlement Class Contact Information from Defendants;
(b) Effectuate the Notice Plan in accordance with the procedures set forth in this Settlement Agreement;
(c) Establish and maintain a post office box for mailed Requests for Exclusion;
(d) Establish and maintain the Settlement Website;
(e) Establish and maintain a toll-free telephone line for Settlement-related inquiries;
(f) Respond to inquiries regarding the Settlement;
(g) Respond to inquiries regarding the Plan of Allocation set forth in the Long Form Notice;
(h) Receive and process requests from individuals seeking entry into the Settlement Class and promptly provide Class Counsel and Defendants’ Counsel copies thereof;
(i) Receive and process Requests for Exclusion from the Settlement Class and promptly provide Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator receives any Requests for Exclusion after the deadline for the submission of such forms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;
(j) In advance of the Fairness Hearing, prepare affidavits to submit to the Court that: (i) attest to implementation of the Notice Plan in accordance with the Preliminary Approval Order; and (ii) identify each Settlement Class Member who timely and properly provided a Request for Exclusion;
(k) Distribute the Settlement Fund in accordance with the terms and conditions of this Settlement Agreement;
(l) Provide weekly reports and a final report to Plaintiffs and Defendants that summarize the Notice Plan, the number of Objections and Requests for Exclusion, and other pertinent information as requested by Class Counsel and Defendants’ counsel;
(m) Maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Upon request, the Settlement Administrator shall provide Lead Class Counsel and Defendant’s Defendants’ Counsel with information concerning the calculation of Settlement Payments, Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Class Counsel electronic copies of all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementSettlement;
(bn) Receive exclusion forms and other requests from Class Members Perform any function related to exclude themselves from Settlement administration at the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead agreed-upon instruction of both Class Counsel and Defendant’s Defendants’ Counsel, including without limitationincluding, reports regarding the number of Claim Forms received and the amount of benefits soughtbut not limited to, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form verifying that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall cash payments have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, been distributed in accordance with the terms and conditions of this Settlement Agreement, seek exclusion from the ;
(o) Provide Class Counsel with Customer Trading Information and Settlement Class or timely file a Claim Form will not Contact Information as necessary for Class Counsel to respond to Settlement Class Members’ inquiries about and/or objections to the Settlement. Any Settlement Class Contact and/or Customer Trading Information furnished to Class Counsel shall be entitled to receive any cash award or any other benefits treated as Confidential pursuant to the Protective Order entered in this matter, Dkt. Nos. 90-91, and shall be used only for purposes of responding to Settlement Class Members’ inquiries and implementing the Settlement. If necessary, any Settlement Class Contact and/or Customer Trading Information shall be redacted and/or filed under seal pursuant the Protective Order and Local Rules of Court with any court filings in connection with obtaining approval of and/or implementing the settlement.
3.2 In the exercise of its duties outlined in this Settlement Agreement, but will otherwise be bound together with all the Settlement Administrator shall have the right to reasonably request additional information from the Plaintiffs and Defendants or any Settlement Class Member.
3.3 Because information about Settlement Class Members by all will be provided to the Settlement Administrator solely for purposes of providing the terms of this Notice, Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreementbenefits, and processing Requests for Exclusion, the Settlement Administrator will execute a confidentiality and non-disclosure agreement with Defendants, Defendants’ Counsel, and Class Counsel and will ensure that any information provided to it by Settlement Class Members, Class Counsel, Defendants’ Counsel, or Defendants will be barred from bringing any action against any secure and used solely for the purpose of effecting this Settlement.
3.4 All costs incurred by the Released Parties concerning Settlement Administrator shall be borne by and paid by the Released ClaimsSettlement Fund.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Provide Class Counsel and Defendant’s Counsel and Lead with drafts of all administration related documents, including but not limited to notices to attorneys general, class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel electronic copies of all original documents and other materials received Defendant’s Counsel agree to waive this requirement in connection with the administration of the Settlement Agreement within thirty (30) days after the date writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;a case by case basis; and
(b) Receive exclusion forms objections and requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by copies thereof. If the Settlement Administrator at receives any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims objections, exclusion forms or other requests after the deadline for abuse or fraudthe submission of such forms and requests, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any promptly provide copies thereof to Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.Counsel and
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 6.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Restaurant Technologies’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Restaurant Technologies’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, objections, exclusions, and implementation of the this Settlement Agreement, including delivery of Settlement Payments. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Restaurant Technologies’ Counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Net Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Provide Class Counsel and Lead Class Restaurant Technologies’ Counsel electronic copies with drafts of all original documents and other materials received administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;a form
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Restaurant Technologies’ Counsel copies thereof. If the Settlement Administrator receives any exclusion requests after the deadline for the submission of such requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Restaurant Technologies’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Restaurant Technologies’ Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Restaurant Technologies’ Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 6.2 In the exercise of its duties outlined in this Settlement Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms and requests for exclusion from the Settlement Class, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator terms of this Agreement, upon approval by the Court, shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain at all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, times govern the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation scope of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report services to the Court summarizing the work performed be provided by the Settlement AdministratorAdministrator to administer the settlement, including a report and the terms of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, any separate contract or agreement entered into between or among the Settlement Administrator shall:and Class Counsel,
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementClaims Deadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;requests for exclusion and/or objections received; and
(de) Make available for inspection by Lead Class Counsel or and Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject any claim that does not comply in any material respect with the instructions on the Claim Form or is submitted after the Claims Deadline. Each claimant who submits an invalid Claim Form to the Settlement Administrator must be given a notice of the Claim Form’s deficiency and an opportunity to cure the deficiency within twenty- one (21) days of the date of the notice. The Settlement Administrator may contact any Person who has submitted a Claim Form that does not contain all requested to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class MembersMembers and to obtain and review supporting documentation relating to such Claim Form. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.and
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 7.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms completing its duties in a rational, reasonable, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under the Settlement and this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by the Court and applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counselpractices, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Noticeincluding, administration and implementation but not limited to, a summary of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report an accounting of all amounts paid from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Such records shall be provided to Class Counsel and Defendant’s Counsel upon reasonable request. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel shall receive objections and Lead Class Counsel electronic Requests for Exclusion forms, and upon such receipt shall promptly provide copies of all original documents such objections and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;
(b) Receive exclusion Requests for Exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 7.2 The Settlement Administrator shall be obliged responsible for all matters relating to employ reasonable procedures to screen claims the administration of this Settlement, including, but not limited to:
a. Preparing and completing Class Notice;
b. Obtaining complete address information for abuse Settlement Class Members, including new addresses for any returned Class Notice, Benefit Checks, or fraudany other documents;
c. Creating, operating, maintaining, and shall reject hosting a Claim Form where there is evidence Settlement Website, from which Settlement Class Members can access copies of abuse or fraud. The the Complaint, this Agreement, Class Notice, the Preliminary Approval Order, and other pertinent documents, materials, and information about this Settlement;
d. Acting as a liaison between Settlement Administrator shall also reject Class Members and the Parties;
e. Issuing and mailing Benefit Checks;
f. Preparing and sending all notices required under CAFA;
g. Preparing and providing a Claim Form that does not contain all requested information necessary declaration to screen the claim for fraud or abuse.
5.3. Both Class Counsel and Defendant’s Counsel prior to the submission of the Plaintiff’s Motion for Final Approval of the Class Action Settlement: (i) attesting to the compliance of the provisions of this Settlement Agreement concerning Class Notice; and Lead (ii) listing each Settlement Class Counsel Member who timely and validly submitted a Request for Exclusion opting out of the Settlement as described in Section 12 of this Settlement Agreement; and
h. Performing any other tasks reasonably required to effectuate the Settlement and this Agreement, including, but not limited to, all responsibilities, obligations, and tasks referenced in any Section of this Agreement.
7.3 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to challenge reasonably request additional information from the acceptance Parties or rejection of a Claim Form submitted by Class Members. The any Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with as it relates to the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsSettlement.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantCalmark’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantCalmark’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Calmark, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantProvide Class Counsel and ▇▇▇▇▇▇▇’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and ▇▇▇▇▇▇▇’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Calmark’s Counsel with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;Class, at least five
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Calmark’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Calmark’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant▇▇▇▇▇▇▇’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits soughtexclusion requests received, the number thereof approved by the Settlement Administratorof claims made, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;individuals who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or DefendantCalmark’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator will reject any claim that does not comply in any material respect with the instructions on the Claim Form or the terms of Paragraphs 1.2 and/or 1.3, above, or is submitted after the Claims Deadline. Subject to practical limitations to be determined by the Settlement Administrator in its sole discretion, each claimant who submits an invalid Claim Form to the Settlement Administrator shall also reject be given a notice of the Claim Form’s deficiency and an opportunity to cure the deficiency within twenty-one (21) days of the date of the notice. The Settlement Administrator may contact any Person who has submitted a Claim Form that does not contain all requested to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class MembersMembers and to obtain and review supporting documentation relating to such Claim Form. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form. To the extent Class Counsel and Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide such challengebe submitted to the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇. The Parties agree that Wolfson of ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ for binding determination.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:the
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms and other requests Claim Forms from Unidentified Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such
(e) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(df) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class MembersMember, as well as any request for exclusion. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate disputed claim shall be submitted to The ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇. Holderman (▇▇▇.) of JAMS Chicago for a binding determination. Judge shall timely decide ▇▇▇▇▇▇▇▇▇ will charge his JAMS hourly rate for providing such challenge. The Parties agree that services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does notSettlement or otherwise; (ii) the management, in accordance with the terms and conditions investment, or distribution of this Agreement, seek exclusion from the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund, and shall be timely file a Claim Form will not be entitled to receive any cash award or any other benefits paid by the Settlement Administrator pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all Agreement and without further order of the terms of Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Agreement, including the terms Fund shall be paid out of the Judgment to be entered in Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any acts or omissions of the Released Parties concerning Settlement Administrator or its agents with respect to the Released Claimspayment of taxes or tax expenses.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives 's Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s 's Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead 's Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class CounselCounsel and Defendant's Counsel copies thereof. If the
(c) Provide bi-weekly summaries reports to Lead Class Counsel and Defendant’s 's Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s 's Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable noticereceived, including summary reports of Claim Forms received.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject any claim that does not comply in any material respect with the instructions on the Claim Form or the terms of Paragraphs 1.2 and/or 1.3, above, or is submitted after the Claims Deadline. Each claimant who submits an invalid Claim Form to the Settlement Administrator must be given a notice of the Claim Form's deficiency and an opportunity to cure the deficiency within twenty-one (21) days of the date of the notice. The Settlement Administrator may contact any Person who has submitted a Claim Form that does not contain all requested to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.3 Defendant’s 's Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class MembersMembers and to obtain and review supporting documentation relating to such Claim Form. The Settlement Administrator shall follow any agreed-upon agreed decisions of Defendant’s Class Counsel and Lead Class CounselDefendant's Counsel as to the validity of any disputed submitted Claim Form. To the extent Defendant’s Class Counsel and Lead Class Counsel are not able to agree on Defendant's
5.4 In the disposition exercise of a challengeits duties outlined in this Agreement, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow have the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion right to reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:its
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementObjection/Exclusion Deadline;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s CounselCounsel with drafts of all administration related documents, including without limitationbut not limited to CAFA Notices, reports regarding the number of Claim Forms received and the amount of benefits soughtfollow-up class notices or communications with Settlement Class Members, the number thereof approved by telephone scripts, website postings or language or other communications with the Settlement AdministratorClass, and the categorization and description of Claim Forms rejected, in whole or in part, by at least five (5) business days before the Settlement Administrator;
(d) Make available for inspection by Lead Administrator is required to or intends to publish or use such communications, unless Class Counsel or and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis; and
(c) Receive requests to be excluded from the Claim Forms Settlement Class and any supporting documentation received by other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator at receives any time upon reasonable notice.exclusion forms or other requests after the deadline for
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge reasonably request additional information from Class Counsel or any Settlement Class Member.
5.3 Defendant, the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Released Parties, and Defendant’s Counsel and Lead shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel. To , or the extent Defendant’s Counsel and Lead Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Counsel are not able to agree on Members or the disposition implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of a challengeany claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Magistrate Judge Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.4 All taxes and tax expenses shall be paid out of the Settlement Fund, and shall be timely decide such challenge. The Parties agree that paid by the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all Agreement and without further order of the terms of Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Agreement, including the terms Fund shall be paid out of the Judgment to be entered in Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any acts or omissions of the Released Parties concerning Settlement Administrator or its agents with respect to the Released Claimspayment of taxes or tax expenses.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantCicero & 147th’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantCicero & 147th’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by ▇▇▇▇▇▇ & 147th’s Counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantProvide Class Counsel and Cicero & 147th’s Counsel and Lead Class Counsel electronic copies with drafts of all original documents and other materials received administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally a form approved or disallowed per the terms of the Settlement Agreement;by
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Cicero & 147th’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Cicero & 147th’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantCicero & 147th’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or DefendantCicero & 147th’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantTD SYNNEX’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantTD SYNNEX’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, objections, exclusions, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by TD SYNNEX’s counsel, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantProvide Class Counsel and TD SYNNEX’s Counsel and Lead Class Counsel electronic copies drafts of all original documents and other materials received administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally a form approved or disallowed per the terms of the Settlement Agreement;by
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and TD SYNNEX’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and TD SYNNEX’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantTD SYNNEX’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members for whom Notice could not be successfully delivered; and
(d) Make available for inspection by Lead Class Counsel or DefendantTD SYNNEX’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantEuro USA, Inc.’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantEuro USA, Inc.’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to report, prepared by Class Counsel and/or the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Settlement
(a) Forward to DefendantProvide Class Counsel and Euro USA, Inc.’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Euro USA, Inc.’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Euro USA, Inc.’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Euro USA, Inc.’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Euro USA, Inc.’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Euro USA, Inc.’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantEuro USA, Inc.’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administratorexclusion requests received, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;Class Members who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or DefendantEuro USA, Inc.’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms and requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective effective, and timely manner. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the Settlement, and the terms of any separate contract or agreement entered into between or among the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:all
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementClaims Deadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;requests for exclusion and/or objections received; and
(de) Make available for inspection by Lead Class Counsel or and Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.or
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class MembersMembers and to obtain and review supporting documentation relating to such Claim Form. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form. To the extent Class Counsel and Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide such challenge. The Parties agree that be submitted to the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challengeCourt for binding determination.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 8.1 The Settlement Administrator shallshall perform all of the functions of the Settlement Administrator under this Agreement.
8.2 Before the Class Notice Date, the Settlement Administrator shall establish a toll-free telephone number that Settlement Class Members can call and which contains recorded answers to frequently asked questions. This toll-free service shall be provided in consultation with Lead both English and French.
8.3 Before the Class Notice Date, the Settlement Administrator shall establish the Settlement Website and publish on the Settlement Website: (i) the Agreement; (ii) the Authorization and Approval Hearing Order; (iii) the Notice of Authorization and Approval Hearing; and (iv) the Opt-Out Form.
8.4 On or before the Authorization and Approval Hearing, the Respondents will deliver to Class Counsel a signed acknowledgement by the Settlement Administrator in which it accepts and Defendant’s Counsel and under attorns to the supervision exclusive jurisdiction of the Court, administer Court in respect of any matter related to the relief provided by enforcement of this Settlement Agreement by processing Claim Agreement.
8.5 The Settlement Administrator shall process any and all Opt-Out Forms in a rational, responsive, cost effective accordance with the terms of this Agreement and timely mannercompile the Opt-Out List. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available thereafter deliver the Threshold Notification, including the Opt-Out List, to Lead Class Counsel and Defendant’s Counsel, Defence Counsel on or before the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to Threshold Notification Date.
8.6 Promptly after the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation issuance of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoingApproval Order, the Settlement Administrator shall:
: (a1) Forward to Defendant’s Counsel and Lead Class Counsel electronic copies publish the Claim Form on the Settlement Website; (2) publish on the Settlement Website the Notice of all original documents and other materials received in connection with the administration Settlement Approval; and, (3) send a copy of the Notice of Settlement Agreement within thirty (30) days after Approval by email to every Class Member who previously registered their email address on the date Settlement Website.
8.7 The Settlement Website and all documents published on which the Settlement Website shall be published in both English and French.
8.8 After the Claim Deadline, the Settlement Administrator shall review all Claim Forms have been finally approved received or disallowed per the terms of the Settlement Agreement;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel postmarked before the Claim Forms Deadline and any supporting documentation received by determine whether each is either: (i) valid, as meeting the Settlement Administrator at any time upon reasonable noticerequirements of this Agreement; or (ii) invalid, as failing to meet the requirements of this Agreement.
5.2. 8.9 The Settlement Administrator shall be obliged thereafter deliver to employ reasonable procedures to screen claims for abuse or fraud, both the Respondents and shall reject Class Counsel: (i) a true and accurate list of all Settlement Class Members who submitted an invalid Claim Form; (ii) a true and accurate list of all Settlement Class Members who submitted a valid Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen (i.e. the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement AgreementEligible Claimants), including the terms amount of the Judgment to be entered in the Action each Eligible Claimant’s Settlement Payment and the releases provided for in the Agreement, and will be barred from bringing any action against any total sum of the Released Parties concerning the Released Claims.all Settlement Payments; and
Appears in 1 contract
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant▇▇▇▇▇▇▇ Auto’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant▇▇▇▇▇▇▇ Auto’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by DocuSign Envelope ID: F957AB94-7A05-4349-8263-42D5FD3904CD ▇▇▇▇▇▇▇ Auto, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantProvide Class Counsel and ▇▇▇▇▇▇▇ Auto’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and ▇▇▇▇▇▇▇ Auto’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and ▇▇▇▇▇▇▇ Auto’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and ▇▇▇▇▇▇▇ Auto’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and ▇▇▇▇▇▇▇ Auto’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and ▇▇▇▇▇▇▇ Auto’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant▇▇▇▇▇▇▇ Auto’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits soughtexclusion requests received, the number thereof approved by the Settlement Administratorof claims made, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;individuals who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or Defendant▇▇▇▇▇▇▇ Auto’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice.. DocuSign Envelope ID: F957AB94-7A05-4349-8263-42D5FD3904CD
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 6.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantNRG’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and DefendantNRG’s Counsel with information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. .
6.2 Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantNRG’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Agreement, including an electronic copy of such documents, within thirty fourteen (3014) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementClaims Deadline;
(b) Receive requests for exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement Class and promptly provide a copy of such requests to Lead Class CounselCounsel and NRG’s Counsel upon receipt, including any request received after the Objection/Exclusion Deadline; and
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantNRG’s Counsel, including including, without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the current number thereof approved by the Settlement Administratorof Approved Claims, and the categorization number of requests for exclusion and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable noticeobjections received.
5.2. 6.3 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and including without limitation, by cross-referencing the information provided on the Claim Form against the Class List. The Settlement Administrator shall reject a Claim Form Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud abuse or abusefraud. Only Claim Forms received from Settlement Class Members reflected on the Class List may be verified by the Settlement Administrator and become Approved Claims.
5.3. 6.4 Both DefendantNRG’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class MembersMembers within fourteen (14) days of receiving the Claim Forms from the Settlement Administrator pursuant to paragraph 6.2(a) above. Any dispute as to a Claim Form, including without limitation any disagreement regarding a challenge to the validity of a Claim Form, shall be resolved by agreement of the Parties or, if the Parties cannot agree, by submission to Magistrate Judge ▇▇▇▇▇▇▇ for determination prior to the Final Approval Hearing without further right to appeal the issue.
6.5 Within seven (7) days of the deadline for the Parties to dispute a Claim Form pursuant to paragraph 6.4 above, the Settlement Administrator shall provide Class Counsel and NRG’s Counsel with a list of all Approved Claims, a list of all Claim Forms subject to dispute, and a list of all Persons within the Settlement Class who submitted a valid request for exclusion pursuant to paragraph 5.4 above. Class Counsel shall file these lists with the Court as part of the motion in support of final approval of the Settlement and entry of Final Judgment.
6.6 In the exercise of their duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Person within the Settlement Class.
6.7 Within fourteen (14) days of the Effective Date, the Settlement Administrator shall provide Class Counsel and NRG’s Counsel with notice of the final tally of Settlement Administration Expenses, which tally shall include any expenses necessary to cover remaining processes for administering the Settlement. Any dispute as to Settlement Administration Expenses shall be resolved by agreement of the Parties or, if the Parties cannot agree, by submission to Magistrate Judge ▇▇▇▇▇▇▇ without further right to appeal the issue, no later than thirty days (30) after the Effective Date. The Settlement Administrator shall follow any agreedmay withdraw funds from the Settlement Fund to pay the balance of Settlement Administration Expenses (a) if there is no dispute as to Settlement Administration Expenses, no earlier than thirty-upon decisions of Defendantseven (37) days after the Effective Date, or (b) if there is a dispute as to Settlement Administration Expenses, at such time as the Parties resolve the dispute by agreement or as Magistrate Judge ▇▇▇▇▇▇▇ decides the issue. Under no circumstances will NRG, NRG’s Counsel and Lead Counsel, Settlement Class Counsel. To the extent Defendant’s Counsel and Lead Members, or Class Counsel are not able be required to agree on pay the disposition of a challenge, Settlement Administrator any amounts other than those available from the Magistrate Judge shall timely decide such challenge. Settlement Fund.
6.8 The Parties agree to make their best efforts to ensure that the Settlement Administrator shall thereafter follow the decision costs of Notice and administration of the Magistrate Judge resulting from any such challengeSettlement Agreement are as reasonable as possible.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Provide Class Counsel and Defendant’s Counsel and Lead with drafts of all administration related documents, including but not limited to notices to attorneys general, class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel electronic copies of all original documents and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis; and
(b) Receive objections and requests to be excluded from the Settlement Class and other materials received requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any objections, exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel.
5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from Class Counsel or any Settlement Class Member.
5.3 The Settlement Administrator shall have the authority to reject any claim it reasonably determines to be fraudulent, including those with false information or improper documentation. The Administrator’s decision on such claims shall be final and binding. The Parties agree to use reasonable good faith efforts to cooperate with the Administrator to prevent and address fraudulent claims.
5.4 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement Agreement within thirty or otherwise; (30ii) days after the date on which all Claim Forms have been finally approved management, investment, or disallowed per the terms distribution of the Settlement Agreement;
Fund; (biii) Receive exclusion forms and other requests from the allocation of Settlement Funds to Settlement Class Members to exclude themselves from or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Agreement and promptly provide to Lead Class Counsel
Fund; (cv) Provide weekly summaries to Lead Class Counsel and Defendant’s Counselany losses suffered by, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtor fluctuations in value of, the number thereof approved by Settlement Fund; or (vi) the payment or withholding of any taxes, tax expenses, or costs incurred in connection with the taxation of the Settlement AdministratorFund or the filing of any federal, and the categorization and description of Claim Forms rejectedstate, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable noticelocal returns.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. 5.5 The Parties agree that the Settlement Fund is intended to be a “Qualified Settlement Fund,” as defined above and within the meaning of Treasury Regulation Section 1.468B-1, and that the Settlement Administrator shall thereafter follow the decision as administrator of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does notQSF within the meaning of Treasury Regulation § l.468B- 2(k)(3), in accordance with shall be solely responsible for filing tax returns for the terms Settlement Fund and conditions of this Agreement, seek exclusion paying from the Settlement Class or timely file a Claim Form will not be entitled Fund any taxes owed with respect to receive any cash award or any other benefits pursuant to this the Settlement AgreementFund, but will otherwise be bound together with all Class Members by all without further order of the terms Court. In addition, Class Counsel shall timely make, or cause to be made, such elections as necessary or advisable to carry out the provisions of this Settlement Agreementparagraph, including the terms of “relation-back election” (as defined in Treas. Reg. § 1.468▇-▇) back to the Judgment to earliest permitted date. Such election shall be entered made in compliance with the Action procedures and the releases provided for requirements contained in the Agreementsuch regulations. Defendant, other Released Parties, and will be barred from bringing Defendant’s Counsel shall have no liability or responsibility of any action against sort for filing any of tax returns or paying any taxes with respect to the Released Parties concerning the Released ClaimsSettlement Fund.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.17.1 Subject to Court approval, the Parties agree to the following procedures for giving notice of this Settlement to Class Members. The Parties also agree that providing notice to the Class Members in the manner described herein is the best and most fair and reasonable notice practicable under the circumstances.
7.2 Poppi will provide to the Settlement Administrator shall, the names and valid email addresses for potential Class Members it may have in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely mannerits records. The Settlement Administrator shall maintain reasonably detailed records keep their identities and contact information strictly confidential and shall only use them for purposes of its activities under administering this Settlement Agreement. Settlement.
7.3 The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices administer the Notice Plan described herein and such records pursuant to the Preliminary Approval Order.
7.4 The Parties agree upon and will be made available request the Court’s approval of the following forms and methods of notice to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. Class:
7.4.1 The Settlement Administrator shall also provide reports email to each Class Member for whom ▇▇▇▇▇ provides an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit B. The Email Notice shall inform Class Members of the fact of the Settlement and that further information is available on the Website.
7.4.2 Publication Notice shall be provided as described in the Notice Plan. Publication Notice will conform to all applicable requirements of the California Constitution, the United States Constitution (including the Due Process Clauses), and any other information to applicable law, and be in the Court as manner and form approved by the Court may require. Parties and Court.
7.4.3 The Settlement Administrator shall provide Lead Class Counsel establish and Defendant’s Counsel with information concerning maintain the Website. The Website shall be optimized for viewing on both mobile devices and personal computers. The Website will include case-related documents, including, but not limited to, the operative complaint, this Agreement, the Website Notice, administration the Preliminary Approval Order, Plaintiffs’ motion for approval and implementation request for Attorneys’ Fees and Costs, a set of the Settlement Agreement. Should the Court requestfrequently asked questions, the Partiesinformation on how to submit an Objection or request exclusion, in conjunction with and contact information for Class Counsel, Poppi Counsel, and the Settlement Administrator.
7.4.4 Website Notice will also be available to all Class Members on the Website.
7.5 The Settlement Administrator has agreed to perform all settlement administration duties required by the Agreement, and pursuant to Section 1.1, Poppi will deposit funds from the Gross Settlement Amount into the Settlement Fund for initial payment of the Administrative and Notice Costs. The Administrative and Notice Costs shall submit a timely report cover all costs and expenses related to the Court summarizing the work settlement administration functions to be performed by the Settlement Administrator, including a report providing all aspects of all amounts the Notice Plan (including issuing Email Notice, Publication Notice, and Website Notice and performing the other administration processes described in this Agreement). The Administrative and Notice Costs shall be paid from the Settlement Fund paid Account. In the event that unanticipated costs and expenses arise in connection with the notice and/or administration process prior to members of final approval, such that they exceed the initial deposit into the Settlement Class on account of Approved Claims. Without limiting the foregoingFund, the Settlement Administrator shall:
(a) Forward to Defendant’s shall promptly raise the matter with Poppi Counsel and Lead Class Counsel electronic copies of all original documents and other materials received in connection with the administration as soon as practicable after becoming aware of the unanticipated costs and expenses. If both Poppi Counsel and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Agreement within thirty Administrator in excess of the deposited funds, then the amount in excess of the deposited funds shall be paid for exclusively from the Gross Settlement Amount. If unanticipated costs and expenses arise following final approval, if both Poppi Counsel and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess of the deposited funds, the amount in excess of the capped amount shall be paid exclusively from the Settlement Fund by way of any funds represented by checks that remain uncashed after two hundred ten (30210) days, as contemplated under Section 1. Poppi shall, under no circumstances, be responsible for any Administration and Notice Costs in excess of its contribution to the Gross Settlement Amount under Section 1.
7.6 The Email Notice, Publication Notice, and Website Notice shall provide information on the procedure by which Class Members may request to Opt-Out from the Class or submit an Objection to the Settlement.
7.7 No later than fourteen (14) days after the date on which all Claim Forms have been finally approved or disallowed per Objection and Exclusion Deadline, the terms Settlement Administrator shall give written notice to Poppi and Class Counsel of the Settlement Agreement;
(b) Receive exclusion forms total number and other requests from identity of Class Members who have elected to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding Class. If the number of Claim Forms received and Class Members who request exclusion from the amount of benefits soughtClass exceeds more than one thousand (1,000) Class Members, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejectedPoppi, in whole or its sole discretion, may elect to terminate this Settlement, in partwhich case the entire Agreement shall be null and void. Alternatively, ▇▇▇▇▇ may elect to waive this condition and proceed with the Settlement. Any such waiver by the Settlement Administrator;
(d) Make available for inspection by Lead ▇▇▇▇▇ must be unambiguous and in writing and provided to Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by within fourteen (14) days after the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, provides Poppi and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall the total number and identity of Class Members who have the right elected to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion exclude themselves from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsClass.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class CounselCounsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtreceived, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(de) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to screen verify the claim for fraud or abuseClaim Form.
5.3. Both 5.3 Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by a Settlement Class MembersMember, as well as any request for exclusion. The Settlement Administrator shall follow any agreed-upon agreed decisions of Class Counsel and Defendant’s Counsel and Lead Class Counselas to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide be submitted to Mediator ▇▇▇▇ ▇▇▇▇▇▇▇, Esq. of Judicate West for a binding determination. Mediator ▇▇▇▇▇▇▇ will charge her Judicate West hourly rate for providing such challenge. The Parties agree that services to the Settlement Class, and all expenses related thereto will be paid by the Settlement Administrator from the Settlement Fund.
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall thereafter follow have the decision right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Magistrate Judge resulting from Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any such challengeclaims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.4. Any Class Member who does not, in accordance with the terms 5.6 All taxes and conditions tax expenses shall be paid out of this Agreement, seek exclusion from the Settlement Class or Fund, and shall be timely file a Claim Form will not be entitled to receive any cash award or any other benefits paid by the Settlement Administrator pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all Agreement and without further order of the terms of Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Agreement, including the terms Fund shall be paid out of the Judgment to be entered in Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any acts or omissions of the Released Parties concerning Settlement Administrator or its agents with respect to the Released Claimspayment of taxes or tax expenses.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms and requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective effective, and timely manner. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the Settlement, and the terms of any separate contract or agreement entered into between or among the Settlement Administrator and Class Counsel, Defendants’ Counsel, or the Defendants to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Defendants’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Defendants’ Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementClaims Deadline;
(b) Provide Class Counsel and Defendants’ Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendants’ Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;requests for exclusion and/or objections received; and
(de) Make available for inspection by Lead Class Counsel or Defendant’s and Defendants’ Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, fraud and shall reject a deny Claim Form Forms where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject a Claim Form any claim that does not contain all requested information necessary to screen comply in any material respect with the claim for fraud instructions on the Claim Form or abuse.is submitted after the Claims Deadline. Each
5.3. Both Defendant’s 5.3 Defendants’ Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class MembersMembers and to obtain and review supporting documentation relating to such Claim Form. The Settlement Administrator shall follow any agreed-upon agreed decisions of Defendant’s Class Counsel and Lead Class CounselDefendants’ Counsel as to the validity of any disputed submitted Claim Form. To the extent Defendant’s Class Counsel and Lead Class Defendants’ Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge disputed claim shall timely decide such challenge. The Parties agree that be submitted to the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challengeCourt for binding determination.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and DefendantVisage Screen-Print, Inc.’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:.
(a) Forward to DefendantProvide Class Counsel and Visage Screen-Print, Inc.’s Counsel and Lead with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Visage Screen-Print, Inc.’s Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Visage Screen-Print, Inc.’s Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Visage Screen-Print, Inc.’s Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Visage Screen-Print, Inc.’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Visage Screen-Print, Inc.’s Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and DefendantVisage Screen-Print, Inc.’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;exclusion
(d) Make available for inspection by Lead Class Counsel or DefendantVisage Screen-Print, Inc.’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from Settlement Class Members at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the monetary relief provided by this Settlement Agreement by processing Claim Forms and disbursing funds in a rational, responsive, cost effective effective, and timely manner, consistent with the terms of this Agreement. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the monetary relief provided by the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning claims, Notice, administration administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:Settlement
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDeadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits soughtrequests for exclusion and/or objections received.
5.2 All taxes and tax expenses, the number thereof approved by the Settlement Administratorif any, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received shall be timely paid by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted reimbursed by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits Defendant pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action Agreement and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.without further
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Defendants’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by Defendants, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:,
(a) Forward to Defendant’s Provide Class Counsel and Lead Defendants’ Counsel with drafts of all administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in a form approved by Class Counsel electronic copies of all original documents and Defendants’ Counsel, website postings or language or other materials received communications in connection a form approved by Class Counsel and Defendants’ Counsel with the administration of Settlement Class, at least five (5) days before the Settlement Agreement within thirty (30) days after the date Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendants’ Counsel agree to waive this requirement in writing on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementa case by case basis;
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits soughtexclusion requests received, the number thereof approved by the Settlement Administratorof claims made, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;individuals who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or Defendant’s Defendants’ Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant▇▇▇▇▇▇▇ Metal’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant▇▇▇▇▇▇▇ Metal’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration administration, and implementation of the this Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report report, prepared by Class Counsel and/or the Settlement Administrator and approved by ▇▇▇▇▇▇▇ Metal, to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantProvide Class Counsel and ▇▇▇▇▇▇▇ Metal’s Counsel and Lead Class Counsel electronic copies with drafts of all original documents and other materials received administration-related documents, including but not limited to Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts (if any) in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally a form approved or disallowed per the terms of the Settlement Agreement;by
(b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and ▇▇▇▇▇▇▇ Metal’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and ▇▇▇▇▇▇▇ Metal’ Counsel;
(c) Provide weekly summaries reports to Lead Class Counsel and Defendant▇▇▇▇▇▇▇ Metal’s Counsel, including without limitation, reports regarding the number of Claim Forms received objections and the amount of benefits soughtexclusion requests received, the number thereof approved by the Settlement Administratorof claims made, and the categorization and description number of Claim Forms rejected, in whole or in part, by the Settlement Administrator;individuals who are unsuccessfully delivered Notice; and
(d) Make available for inspection by Lead Class Counsel or Defendant▇▇▇▇▇▇▇ Metal’s Counsel the Claim Forms and any supporting documentation materials received by the Settlement Administrator from members of the Settlement Class at any time upon reasonable notice.
5.2. The 5.2 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion reasonably request additional information from the Parties or any Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsMember.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the monetary relief provided by this Settlement Agreement by processing Claim Forms and requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records manner consistent with the terms of its activities under this Settlement Agreement. The terms of this Settlement Administrator Agreement, upon approval by the Court, shall maintain at all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, times govern the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation scope of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report services to the Court summarizing the work performed be provided by the Settlement AdministratorAdministrator to administer the Settlement, including a report and the terms of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:any separate contract or agreement entered into
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies (with the exception of the Class List), all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementClaims Deadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to Notices, follow-up class Notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless
(c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administratorrequests for exclusion and/or objections received, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;; and
(de) Make available for inspection by Lead Class Counsel or and/or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1. The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of Subject to approval by the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel shall be responsible for mailing the Settlement Notices; receiving and Lead logging all Showing of Interest Forms for Employment; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Counsel electronic copies of all original documents and other materials received in connection with Members; reporting on the administration status of the Settlement Agreement claims administration to counsel for the Parties; sending the notices required by CAFA within thirty the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding Showing of Interest Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the Parties may direct. Within seven (307) days after the date on which all Claim Forms have been finally approved Court’s Preliminary Approval, or disallowed per the terms within 7 days of the Settlement Agreement;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from Court’s Approval of the Settlement Agreement and promptly ▇▇▇▇▇ or ▇▇▇▇▇▇ settlements, whichever is later, Defendants will provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or frauda database listing of the names, last known addresses, dates contracted by Class Members during the Covered Period, and shall reject a Claim Form where there is evidence social security numbers or dates of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen birth of the claim for fraud or abuse.
5.3. Both Defendant’s Counsel Named Plaintiffs, FLSA Plaintiffs, and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions will perform the following functions in accordance with the terms of Defendant’s this Settlement Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Plaintiffs that can be identified through a reasonable effort; Provide to Defense Counsel and Lead Class Counsel, 14 days after the first mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Members or FLSA Plaintiffs (a) whose Settlement Notices have been returned to the Settlement Administrator as undeliverable, along with a report indicating steps taken by the Settlement Administrator to locate updated address information for such Class Members and FLSA Plaintiffs and to resend the Settlement Notices, and (b) whose Settlement Notices have been forwarded to an updated address by the United States Postal Service; (ii) a separate list of the names and addresses of all Settlement Class Members who are not the Named Plaintiff who have submitted documents indicating that they wish to object to the settlement; (iii) a separate list of the names and addresses of all Settlement Class Members who are not the Named Plaintiff who have submitted documents indicating that they wish to challenge the payment calculations along with copies of all such documents; and (iv) a separate list of the names of current distributor Settlement Members who have submitted a Showing of Interest Form by the end of the Notice Period. To Process challenges to the extent Defendant’s Counsel payment calculations and Lead process objections to the Settlement in accordance with this Settlement Agreement; Mail settlement payments to Settlement Class Members, as ordered by the Court in the Proposed Final Approval Order, in accordance with this Settlement Agreement; Mail payment(s) for Attorneys’ Fees and Costs to Class Counsel, as ordered by the Court in the Final Approval Order and as directed by ▇▇▇▇▇▇▇▇▇▇, in accordance with the Settlement Agreement; Mail Service Award to Named Plaintiff, as ordered by the Court in the Final Approval Order; Establish, designate, and maintain a Settlement Fund for the Lawsuit as a “qualified settlement fund” under Internal Revenue Code § 468B and Treasury Regulation § 1.468B-1; Maintain the assets of the Settlement Fund in a non-interest-bearing escrow account segregated from the assets of Defendants and any person related to Defendants; Obtain employer identification numbers for the Settlement Fund pursuant to Treasury Regulation § 1.468B-2(k)(4); Prepare and file federal income tax returns for the Settlement Fund, as well as any other tax filings the Settlement Fund must make under federal, state, or local law; Prepare, file, and issue all necessary tax reporting forms for the Settlement Fund regarding the distribution of payments to the Settlement Class Members, Class Counsel, and Named Plaintiff as set forth herein; Provide Defendants with copies of all tax reporting and filings made for the Settlement Fund, including copies of the checks and the IRS Forms 1099 issued, and any other documentation to show that the tax reporting and filings were timely transmitted to the claimants and the applicable taxing authorities; Pay any additional tax liabilities (including penalties and interest) that arise from the establishment and administration of the Settlement Fund solely from the assets of the Settlement Fund without any recourse against Defendants for additional monies; Liquidate any remaining assets of the Settlement Fund after all payments to the Settlement Class Members, FLSA Plaintiffs, Named Plaintiff and Class Counsel, have been made and all tax obligations have been satisfied, and distribute all unclaimed funds to the Court- designated cy pres beneficiar(ies). The Parties suggest the Court designate the following organizations to share equally in any residual funds: Pine Tree Legal Assistance, Inc. Notify the Parties that the Settlement Fund will be terminated unless the Parties contact the Settlement Administrator within ten business days. The Parties will be jointly responsible for providing the Settlement Administrator with the necessary information to facilitate notice and claims administration (including, but not necessarily limited to, the full legal name, last known address, and dates of contract of Named Plaintiff, FLSA Plaintiffs, and Class Members). In the event a Settlement Class Member disputes the accuracy of information upon which settlement payments are calculated, the Parties agree that Defendants’ business records will be conclusive as to the dates a Settlement Class Member was a distributor. Class Counsel will calculate settlement payments to each Settlement Class Member under this Settlement Agreement and provide this information to the Settlement Administrator for purposes of processing the settlement checks. Defendants acknowledge that they are responsible for ensuring that notice is mailed to the appropriate entities pursuant to CAFA and agree to work diligently with the Settlement Administrator, who will be responsible for actually sending the required notices, to ensure this notice is sent timely and in the manner prescribed by law. Defendants will pay the costs of notice and administration of the settlement, which will be paid separately and in addition to funding the Settlement Fund. Within two weeks of the date the Court grants Preliminary Approval of the Settlement, as the Court may direct, the Parties shall cause the Settlement Notices to be disseminated pursuant to the Notice Program, in a manner that comports with constitutional due process and the requirements of Rule 23, as set forth below: The Settlement Administrator shall cause the Settlement Notice in the form of Exhibit 1A to be sent to Current Distributor Class Members who are not able the Named Plaintiff or FLSA Plaintiffs; The Settlement Administrator shall cause the Settlement Notice in the form of Exhibit 1B to be sent to former distributor Class Members who are not the Named Plaintiff or FLSA Plaintiffs; The Settlement Administrator shall cause the Settlement Notice in form of Exhibit 2A to be sent to Current Distributor FLSA Plaintiffs; The Settlement Administrator shall cause the Settlement Notice in form of Exhibit 2B to be sent to former Distributor FLSA Plaintiffs; The Settlement Administrator shall cause the Showing of Interest Form in form of Exhibit 3 to be sent to Current Distributor Class Members and FLSA Plaintiffs. The Parties agree on that all Class Members and FLSA Plaintiffs who are not the disposition Named Plaintiff who receive Settlement Notices in the form of Exhibit 1A, 1B, 2A and 2B shall have a challengeperiod of sixty (60) days to file any Exclusion Request or objection. The Parties agree that all FLSA Plaintiffs (but are not Named Plaintiff), shall have a period of sixty (60) days to contact Class Counsel to withdraw from the Magistrate Judge Action and not participate in the Settlement should they wish to do so. The Parties agree that Current Distributor Class Members and FLSA Plaintiffs shall timely decide such challengehave a period of sixty (60) days to submit their Showing of Interest Form to the Settlement Administrator. The Parties agree that the Settlement Administrator shall thereafter follow also send a Reminder Notice in the decision form attached as Exhibit 4 to any Current Distributor Class Member or FLSA Plaintiff who has not submitted the Showing of Interest Form reminding them of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with upcoming deadline for the terms same Claims administration expenses and conditions of this Agreement, seek exclusion notice expenses shall be paid directly by Defendants and not from the Settlement Class or timely file Fund. The Settlement Notices attached in the form of Exhibits 1A, 1B, 2A and 2B shall comply with the requirements of Rule 23 and shall: contain a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreementshort, but will otherwise be bound together with all Class Members by all plain statement of the terms background of the Action and the proposed Settlement; describe the proposed Settlement relief as set forth in this Settlement Agreement, including the terms requests of Class Counsel for Attorneys’ Fees and Costs and Service Awards as described in this Settlement Agreement; inform Class Members that, if they do not exclude themselves from the Settlement, they may be eligible to receive relief; inform Current Distributor Class Members and FLSA Plaintiffs that they will be bound by the Rule 23(b)(2) injunctive relief set forth in Section 7 above whether they exclude themselves and withdraw or not; describe the procedures for participating in the settlement and advising recipients of this Notice of their rights, including their right to exclude themselves from the settlement (except for the injunctive relief set forth in Section 7 above, which binds all Current Distributor Class Members and FLSA Plaintiffs whether they exclude themselves and object or not), or object to the settlement; explain the scope of the Judgment Release, and the impact of the proposed Settlement Agreement on any existing litigation, arbitration or other proceeding; state that any relief to Class Members under the Settlement Agreement is contingent on the Court’s Final Approval of the proposed Settlement Agreement and the Court’s approval of the ▇▇▇▇▇ and ▇▇▇▇▇▇ settlements; explain that Counsel for the Parties may not advise on the tax consequences of participating or not participating in the settlement; explain the procedures for opting out of the settlement and specify that so- called “mass” or “class” opt-outs shall not be allowed; and provide that any objection to the Settlement Agreement and any papers submitted in support of said objection will be considered only if the Settlement Class Member making an objection is not the Named Plaintiff and has submitted timely notice of his or her intention to do so, with the grounds for the objection, and has served copies of such papers he or she proposes to submit at the Fairness Hearing on Class Counsel and Defense Counsel on or before the Objection Date, as specified in the Settlement Notice. Any Settlement Class Member who intends to object to any aspect of the settlement, including the requested Attorneys’ Fees and Costs, or Service Award, must do so on or before the Objection Date. To object, the Settlement Class Member must file a written objection with the Court on or before the Objection Date and serve it via first-class mail on Class Counsel and Defense Counsel and include: the name, address, telephone number, and email address of the objector and, if represented by counsel, of his/her counsel. An objecting Settlement Class Member must state, specifically and in writing, all objections and the basis for any such objections and must state whether he/she intends to appear at the Fairness Hearing, either with or without counsel. Any Settlement Class Member who fails to file and timely submit and serve a written objection in accordance with this Settlement Agreement shall not be permitted to object to the approval of the Settlement Agreement at the Fairness Hearing. The Parties may take discovery on an expedited basis regarding the objection from the objector and related third parties. Should the Court require procedures for objections that differ from the provisions of this paragraph, the provisions of paragraph 4.4 will not apply to nullify this Settlement. Prior to the Fairness Hearing, the Parties shall provide to the Court documentation that the Settlement Notices were provided in accordance with the Notice Program. A Class Member, including an FLSA Plaintiff who is also a Class Member (but who is not the Named Plaintiff) who wishes to file an Exclusion Request must do so on or before the Exclusion Date. To exclude himself or herself from the settlement (except for the injunctive relief set forth in Section 7 above to which all Current Distributor Class Members and FLSA Plaintiffs are bound whether they exclude themselves and withdraw or not), the applicable Class Member must complete and send to the Settlement Administrator an Exclusion Request as set forth herein that is post-marked no later than the Exclusion Date. The Exclusion Request must be personally signed by the applicable Class Member requesting exclusion; contain the Class Member’s full name, address, and phone number; and contain a statement that indicates a desire to be excluded from the Settlement Class. So-called “mass” or “class” exclusions on behalf of multiple individuals or groups shall not be allowed. Should the Court require procedures for exclusions that differ from the provisions of this paragraph, the provisions of paragraph 4.4 will not apply to nullify this Settlement. An FLSA Plaintiff, including FLSA Plaintiffs who are also Class Members (but who are not the Named Plaintiff), who does not want to participate in the settlement must contact Class Counsel and notify them that they want to withdraw by the Withdrawal Date. FLSA Plaintiffs who are also Class Members (but not the Named Plaintiff) must both file a valid Exclusion Request by the Exclusion Date as discussed above and contact Class Counsel to withdraw by the Withdrawal Date discussed herein to exclude themselves from the settlement (except for the injunctive relief set forth in Section 7 above, to which all Current Distributor Class Members and FLSA Plaintiffs are bound whether they exclude themselves and withdraw or not). Except for those Class Members and applicable FLSA Plaintiffs who are also Class Members who timely and properly file an Exclusion Request, as applicable, and all FLSA Plaintiffs who submit a notice of intent to withdraw to Class Counsel by the Withdrawal Date, all other Class Members and FLSA Plaintiffs, including those who do not respond to the Notice, will be deemed to be Settlement Class Members for all purposes under the Settlement Agreement, and upon the Settlement Effective Date, will be bound by its terms and conditions and the release of claims described therein and will be bound by the judgment dismissing this Action on the merits. All Current Distributor Class Members and FLSA Plaintiffs, whether they file an Exclusion Request and withdraw or not, will be bound by the injunctive relief set forth in Section 7 above upon the Settlement Effective Date. Any Class Member, including any FLSA Plaintiff who is also a Class Member, who is not also the Named Plaintiff who properly files an Exclusion Request excluding him or herself from the Settlement Class shall: (a) not be bound by any orders or judgments entered in the Action relating to the settlement, including but not limited to the Release of Claims, except for the injunctive relief set forth in Section 7 above, which applies to all Current Distributor Class Members and FLSA Plaintiffs whether they exclude themselves and withdraw or not; (b) not be entitled to relief under, or be affected by, the releases provided for in Settlement Agreement; (c) not gain any rights by the Settlement Agreement, and will ; or (d) not be barred from bringing entitled to object to any action against any aspect of the Released Parties concerning settlement. For any Class Member who files an Exclusion Request, the Released Claims.statute of limitations for the Class Member’s claims will begin to run again upon the Settlement Effective Date. The statute of limitations wil
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. 5.1The Administrator will be responsible for establishing and maintaining the Settlement Fund, using its best efforts to locate updated addresses for the Class Members if the Administrator determines that the contact information included in the Class List is no longer current; mailing, and emailing the Class Notice to Class Members; handling inquiries from Class Members concerning the Notice or any other issue related to administration of the Settlement; preparing and distributing settlement checks to Participating Class Members; maintaining a static website, the web address for which will be included in the Notice, providing Class Members with a method to obtain information regarding final approval and final judgment; and performing such other duties as the Parties and/or the Court may direct. The Settlement On a weekly basis, the Administrator shall, in consultation with Lead will provide updates to Class Counsel and Defendant’s Defense Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel and Lead Class Counsel electronic copies of all original documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;
(b) Receive exclusion forms and other requests from Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel
(c) Provide weekly summaries to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms validated and timely received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms Opt-Out Requests and any supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form objections submitted by Class Members. The Administrator will serve on Class Counsel and Defense Counsel via e-mail date-stamped copies of the original objections, rescissions of Opt-Out Requests, and withdrawal of objections within seven days of the Administrator’s receipt of the same. By no later than 14 days after the Opt-Out Deadline, the Administrator will compile and deliver to Class Counsel and Defense Counsel a final report with information regarding: (a) the final pro-rata portion of the Residual Settlement Fund for each of the Plaintiffs and each Participating Class Member, and (b) the final number of Opt-Outs. Further, at least 14 days prior to the Final Approval and Fairness Hearing, the Administrator shall follow any agreed-upon decisions of Defendant’s provide Class Counsel and Lead Defense Counsel with a Declaration of Due Diligence and Proof of Mailing (Declaration) regarding the mailing of the Notice, its attempts to locate Class CounselMembers where applicable, and other information regarding administration of the Settlement. To Specifically, the extent Defendant’s Counsel Declaration shall include the number of Class Members to whom/which Notices were sent, the number of Class Members for whom/which there is reason to suspect that Notices were not delivered, the number of Opt-Outs, and Lead the number and form of any objections received. Class Counsel are not able to agree on will file the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance Administrator’s Declaration with the terms Court at least seven days before the Final Approval and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released ClaimsFairness Hearing.
Appears in 1 contract
Sources: Final Settlement Agreement
Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, in consultation with Lead Class Counsel and Defendant’s Counsel and under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective effective, and timely manner. The terms of this Agreement, upon approval by the Court, shall at all times govern the scope of the services to be provided by the Settlement Administrator to administer the Settlement, and the terms of any separate contract or agreement entered into between the Settlement Administrator and Class Counsel, Defendant’s Counsel, or the Defendant to administer the Settlement shall be consistent in all material respects with the terms of this Agreement. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Lead Class Counsel and Defendant’s Counsel, the Parties and/or their representatives Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Lead Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to members of the Settlement Class on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:,
(a) Forward to Defendant’s Counsel and Lead Counsel, with copies to Class Counsel electronic copies of Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement AgreementDeadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive exclusion forms and other requests Claim Forms from Unidentified Class Members to exclude themselves from the Settlement Agreement and promptly provide to Lead Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(cd) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(e) Provide weekly summaries reports to Lead Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator;
(d) Make available requests for inspection by Lead Class Counsel or Defendant’s Counsel the Claim Forms and any supporting documentation received by the Settlement Administrator at any time upon reasonable noticeexclusion and/or objections received.
5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud, and shall reject a Claim Form where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse.
5.3. Both Defendant’s Counsel and Lead Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Class Members. The Settlement Administrator shall follow any agreed-upon decisions of Defendant’s Counsel and Lead Class Counsel. To the extent Defendant’s Counsel and Lead Class Counsel are not able to agree on the disposition of a challenge, the Magistrate Judge shall timely decide such challenge. The Parties agree that the Settlement Administrator shall thereafter follow the decision of the Magistrate Judge resulting from any such challenge.
5.4. Any Class Member who does not, in accordance with the terms and conditions of this Agreement, seek exclusion from the Settlement Class or timely file a Claim Form will not be entitled to receive any cash award or any other benefits pursuant to this Settlement Agreement, but will otherwise be bound together with all Class Members by all of the terms of this Settlement Agreement, including the terms of the Judgment to be entered in the Action and the releases provided for in the Agreement, and will be barred from bringing any action against any of the Released Parties concerning the Released Claims.
Appears in 1 contract
Sources: Class Action Settlement Agreement