Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award. b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, or Court order. c. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above. e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Settlement Administration. a. 1. The monetary relief provided by this Settlement Agreement shall be administered on a class wide basis by a third-party Settlement Administrator, under the supervision of the Court, in a rational, responsive, cost effective, and timely manner.
2. Payments shall be made directly by the Settlement Administrator from the Settlement Fund in this order: (i) Settlement Administration Expenses estimate to the Settlement Administrator pursuant to Section VI.4 below (set aside as needed by the Settlement Administrator to effectuate notice and settlement administration); (ii) Fee Award (pursuant to Section XIII.B, below); (iii) Incentive Award (pursuant to Section XIII.A., below); (iv) FILED DATE: 8/8/2024 8:04 AM 2022CH11832 Settlement Payments to Class Members (pursuant to Section V.C., above); (v) Payment to Cy Pres Recipient(s), if applicable.
3. All Settlement Administration Expenses shall be deducted from the common Settlement Fund.
4. The Parties will obtain from the Settlement Administrator its best estimate of such anticipated settlement administration expenses, which shall be set aside from the Settlement Fund. The Parties do not expect that there will be any overages; however, in the event there are overages of the estimate of the settlement administration expenses, such expenses will be drawn from the Settlement Fund by the Settlement Administrator, subject to written approval of CTBI (by their counsel) and Class Counsel and the Parties shall bear no responsibility therefore. The Settlement Administrator shall be responsible for mailing maintain reasonably detailed records of its activities under this Settlement Agreement. Further, the Settlement Administrator shall maintain all such records as required by applicable law in accordance with its normal business practices, and emailing the Notice of Settlement shall make such records available to the Proposed Court, Class Counsel, and Defendant’s Counsel at any time upon request.
5. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, Opt-Outs, objections, or other requests to be excluded from the Settlement Class, tracing undeliverable mailingsimplementation of this Settlement Agreement, recordingthe number of claims made, and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member number of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Partiesindividuals who are unsuccessfully delivered Notice. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant provide reports and other information to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, Court as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’s, and issuing Court may require.
6. Should the Service AwardCourt so request, the Settlement Administration Expenses AwardParties shall submit a timely report, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided prepared by ▇▇▇▇▇▇’▇, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide Class Counsel and/or the Settlement Administrator with an Excel spreadsheet containing and approved by CTBI, to the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from Court summarizing all work performed by the Settlement Administrator, as reasonably necessary including a report of all FILED DATE: 8/8/2024 8:04 AM 2022CH11832 amounts from the Settlement Fund paid to complete their settlement administration duties under this AgreementSettlement Class Members on account of Approved Claims.
7. All such data shall be treated as private and confidential, and the The Settlement Administrator shall not use or disclose any such data make all necessary efforts to any persons or entities except as required by this Settlement, law, or Court order.
c. Each Proposed Class Member who does not submit a valid ensure the security and timely request for exclusion will automatically be a privacy of Settlement Class Member information, and eligible shall not use the information provided by Defendants or Class Counsel in connection with the Settlement or this Notice Plan for any purposes other than providing notice or conducting claims administration or otherwise effectuating the terms of the Settlement.
8. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with drafts of all administration-related documents, including but not limited to receive Notices, follow-up communications with Settlement Class Members, telephone scripts (if any) in a form mutually approved in advance in writing by Class Counsel and Defendant’s Counsel, website postings or language or other communications with the Settlement Award. Within Class in a form mutually approved in advance in writing by Class Counsel and Defendant’s Counsel, 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.
9. The Settlement Administrator shall receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies of such requests. If the Settlement Administrator receives any Opt-Outs or other requests to be excluded from the Settlement Class after the Notice Opt-Out Deadline, the Settlement Administrator shall promptly provide Selden’s and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice thereof to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.and
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. 4.1 The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of administer the Settlement Awards, in accordance with the Settlement Agreement and any other related tasks mutually agreed to as approved by the PartiesCourt and shall do so in a cost-effective and timely manner. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) maintain reasonably detailed records of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties its activities under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, or Court order.
c. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of maintain all Exclusion Letters returned, along such records as are required by applicable law in accordance with their envelopes, its normal business practices and objections received. ▇▇▇▇▇▇’▇ and Class such records shall be made available to Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, for the Parties shall meet and confer in an attempt to resolve upon request. Without limiting any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafterof its other obligations as stated herein, the Settlement Administrator shall provide be responsible for the final results implementation and effectuation of its eligibility determinations to Selden’s Class Notice; maintaining a settlement website, as set forth in Section 6.4; receiving and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out maintaining on behalf of the Court any correspondence regarding requests for exclusion and/or objections to the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from ; distributing the Settlement exceeds ten percent (10%) of Fund to the total number of Proposed Settlement Class Members, ▇▇▇▇▇▇’▇ has the rightpaying Court approved Attorneys’ Fees and Expenses, and Service Award; and providing all other related support, reporting, and administration as further stated in its sole discretion, to terminate or not to terminate the Settlementthis Agreement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from The Parties may direct the Settlement Administrator required by Section VI.8.c., aboveto assist with various additional administrative tasks in implementing the Settlement as the Parties shall deem appropriate in their sole discretion.
e. As part of seeking 4.2 The Parties will cooperate with the Superior Court’s final approval Settlement Administrator to provide Class Notice to Class Members, as provided in this Agreement. The Settlement Administrator shall administer the Settlement in accordance with the terms of this Settlement Agreement and, without limiting the foregoing, shall treat any and all documents, communications, and other information and materials received in connection with the administration of the Settlement as confidential and shall not disclose any or all such documents, communications, or other information to any person or entity except as provided for in this Settlement Agreement, or as required to respond to inquiries from Class Members regarding their participation in the Settlement, Class Counsel will apply or by court order.
4.3 The Settlement Administrator shall provide the Parties with timely notice of all Notice and Administrative Costs. M&T shall make all payments necessary to cover the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees Notice and expenses Administrative Costs reasonably incurred by the Settlement Administrator in administering this discharging its obligations under the terms of the Settlement Agreement and pursuant to the Court’s orders. The Settlement Administrator shall be paid keep an accurate accounting of all payments made by M&T to cover Notice and Administrative Costs and shall properly deduct all such Notice and Administrative Costs from the Settlement Administration Expenses Award approved by Fund in order to determine the CourtNet Settlement Fund, pursuant to Section 5.2.
4.4 M&T is not and will not be obligated to compute, estimate, or pay any taxes on behalf of the Class Representative, any Class Member, Class Counsel, and/or the Settlement Administrator.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of printing, issuing and mailing the checks for Settlement Awards, preparing, mailing, and filing tax forms to the parties (issued from the Settlement Administrator or Trust Account as the payer), the Class, and the relevant taxing authority, as well as any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099SETTLEMENT AGREEMENT - 5 4893-MISC), performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.4052-8260.7 / 108226-1001
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇, which data shall be presumed to be correctClass Counsel. In addition to the data described in Section VI.4(a), III.3(a) above, ▇▇▇▇▇▇’▇ Defendants shall, within twenty-one five (215) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) , last known address; (iii) , last known telephone number (if known and reasonably accessible); (iv) non-work email address (if known to the extent previously included in a production to Class Counsel in this case), and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will may be provided, upon request from the Settlement AdministratorAdministrator or Class Counsel, as reasonably necessary to complete their administer the settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use be used or disclose any such data disclosed to any persons or entities entities, except as required by this Settlement, law, or Court order. With the exception of social security numbers, the Settlement Administrator may share data with Class Counsel to facilitate its duties of administrating the settlement.
c. Each Proposed The Settlement Administrator shall also have the responsibility to track any Class Member who does not submit a valid and timely request for Members exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Awardrequest. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Defendants and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form exclusion request in conformity with this AgreementAgreement (Exclusion Request); (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“an Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.Request;
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sNippon, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Nippon, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ Nippon shall, within twentythirty-one five (2135) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Nippon and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Nippon and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Nippon and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Nippon and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten seven and one-half percent (107.5%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ Nippon has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ Nippon chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Fifteen Thousand Hundred Dollars ($10,00015,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of mailing the checks for Settlement Awards delivered to the Settlement AwardsAdministrator by Established Moving to the Settlement Class, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and Established Moving, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)4, above, ▇▇▇▇▇▇’▇ Established Moving shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) , last known address; (iii) , last known telephone number (if known and reasonably accessible); (iv) and/or email address (if known any), and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to track any Proposed Class Member’s exclusion request. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Defendants and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form exclusion request in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Defendants and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Defendants and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Defendants and Class Counsel, which results will include the names and identities of all Settlement Class Members and the names identity of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten fifteen percent (1015%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has Established Moving shall have the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ Established Moving chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Two Thousand, Five Hundred Dollars ($10,0002,500.00). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sThe Company, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and The Company, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ The Company shall, within twenty-one thirty (2130) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) business days after the Notice Deadline, the Settlement Administrator shall provide Selden’s The Company and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ The Company and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ The Company and Class Counsel shall have seven (7) business days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) business days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s The Company and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ The Company has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ The Company chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Twenty-five Thousand Hundred Dollars ($10,00025,000.00). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sWestbay, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Westbay, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class A Member and/or Settlement Class B Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Westbay and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Westbay and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Westbay and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Westbay and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Seven Thousand Five Hundred Dollars ($10,0007,500). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s disputes to its calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sEOH, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and EOH, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ EOH shall, within twenty-one thirty (2130) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s EOH and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ EOH and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ EOH and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s EOH and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten seven and a half percent (107.5%) of the total number of Proposed Class MembersMembers (i.e., ▇▇▇▇▇▇’▇ if 18 or more Proposed Class Members submit timely and valid Exclusion Letters, assuming the class size is and remains 227), EOH has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ EOH chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above. In the event that the Proposed Class contains seven and a half percent (7.5%) more Proposed Class Members, as of the hearing on Plaintiff’s motion for preliminary approval of the Settlement, than the 227 of which Class Counsel were informed in December 2022 (i.e., 245 or more total Proposed Class Members), then Plaintiff will have the right to void the Settlement unless EOH agrees to proportionately increase the Maximum Settlement Amount to account for those individuals.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Seven Thousand Hundred Dollars ($10,0007,000.00). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The parties agree to the following procedure for settlement administration, unless superseded by applicable court order. The timeline of the proposed procedure for settlement administration is attached hereto as Exhibit 1G.
(a) Within 7 business days after the Court approves the Settlement Agreement, Plaintiffs’ Counsel will provide the Settlement Administrator in a readable and workable format inclusive of applicable formula functions such as a Microsoft Excel spreadsheet or Microsoft Access database, the ratable amount of each Plaintiff’s Individual Settlement Payment as described in Paragraph 7.
(b) Within 7 business days after the Court approves the Settlement Agreement, Defendant will provide the names, mailing addresses, and Social Security Numbers of all Plaintiffs to the Settlement Administrator (“Contact Information”). During this same time period, Plaintiffs’ Counsel will provide the Settlement Administrator with its most updated list of mailing and email addresses for Plaintiffs, which updated information shall be responsible for mailing used if in conflict with the Contact Information provided by Defendant and emailing the Notice individual is not a current employee.
(c) Within 7 business days of receiving the list identifying each Plaintiff’s Individual Settlement to Payment described in subpart (a) above, the Proposed Class, tracing undeliverable mailings, recording, Settlement Administrator will calculate and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member notify Defendant of the Proposed Classfinal amount due from Defendant for the employer’s share of payroll taxes, reviewing Class Counsel’s calculation including FICA tax and any federal and state unemployment tax, with respect to payments of the Settlement AwardsAmount that are treated as wages.
(d) Within 21 business days after receipt of the final amount due for the employer’s share of payroll taxes described in subpart (c) above, Defendant will fund the QSF with the Settlement Amount as defined in Paragraph 2, approved by the Court, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible employer’s share of payroll taxes.
(e) Within 14 business days after the QSF is funded as provided for establishing a Qualified Settlement Fund in subpart (“QSF”d) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Awardabove, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform transmit the foregoing duties based on data provided by Court-approved Service Award to Named Plaintiff ▇▇▇▇▇▇’▇, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ shall, within twenty-one .
(21f) calendar Within 14 business days after this Agreement the QSF is preliminarily funded as provided for in subpart (d) above, the Settlement Administrator will transmit the Court-approved attorneys’ fees and costs to Plaintiffs’ Counsel as they direct.
(g) Within 21 business days after the QSF is funded as provided for in subparts (d) above, the Settlement Administrator will send by First Class Mail the settlement checks for each Plaintiff’s Individual Settlement Payment.
(h) Between 65 and 80 business days after mailing the settlement checks, the Settlement Administrator will send a follow-up notice to be approved by the Superior Courtparties to any Plaintiffs who have not negotiated their check.
(i) On a rolling basis, provide the Settlement Administrator will make reasonable efforts to obtain valid current addresses through a “skip trace” search through the National Change of Address (“NOCA”) database for any Plaintiffs whose settlement check is returned as undeliverable. Defendant and Plaintiffs’ Counsel will provide their best information to and cooperate with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request Settlement Administrator to respond to any reasonable inquiries from the Settlement Administrator, as reasonably Administrator necessary to complete their settlement administration duties its responsibilities under this AgreementParagraph. All such data Any and all information provided for the purpose of locating persons whose Individual Settlement Check is returned as undeliverable, including social security numbers, provided by Defendant shall be treated as private and confidentialheld in confidence, retained in an electronically secure manner, and shall be used solely for purposes of effectuating this Settlement Agreement.
(j) For any Plaintiff whose settlement check is not returned undeliverable, but who contacts the Settlement Administrator shall not use (whether directly or disclose any such data through Plaintiffs’ Counsel) to any persons report an address update or entities except as required by this Settlementa failure to receive the settlement check, lawthe Settlement Administrator will, or Court orderafter verification of identity, stop payment on the first check and re-issue a new check to the updated mailing address.
c. Each Proposed Class Member (k) On a rolling basis, the Settlement Administrator will provide the parties with copies of cancelled checks, including the endorsement on the back of the check or other proof of endorsement, for all settlement checks that have been cashed or paid.
(l) The Settlement Administrator’s duties shall also include providing periodic updates to the parties’ counsel regarding withdrawals, skip tracing and remailing(s) for any mailings returned undeliverable; responding to class member inquiries; validating a Plaintiff’s claim of lost or destroyed check(s) before reissuing replacement checks for such lost or destroyed check(s); and handling and/or correcting any administrative errors such as erroneous payments or check(s) that are both physically deposited at a financial institution and deposited remotely. At the conclusion of the settlement process, the Settlement Administrator will provide Plaintiffs’ Counsel with a final updated contact list for Plaintiffs, and will provide both parties a final accounting of Plaintiffs who does negotiated their checks.
(m) Plaintiffs shall have 120 business days after mailing to cash their checks. Any settlement checks not submit cashed within 120 business days after mailing will be voided and a valid stop-payment will be issued. The settlement check amounts will be subject to the unclaimed property laws of the Plaintiff’s last known state of residence. The Claims Administrator will comply with reporting and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Awardremittance obligations under such applicable unclaimed property laws. Within five twenty (520) business days after the Notice Deadlinedate 120 business days have passed since the checks were mailed, the Settlement Administrator shall provide Seldena list to Plaintiffs’ Counsel and Defendant’s and Class Counsel with of checks not delivered or not cashed.
(1n) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returnedNeither Defendant, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to SeldenDefendant’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class MembersPlaintiff, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class nor Plaintiffs’ Counsel will apply have any liability for lost or stolen checks, forged signatures on checks, unauthorized negotiation of checks, or failure to timely cash a check within the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court120 business day period.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), and performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs AwardDefendants.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and Defendants, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)4, above, ▇▇▇▇▇▇’▇ Defendants shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) , last known address; (iii) , last known telephone number (if known and reasonably accessible); (iv) email address (if known any), and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five fourteen (514) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Defendants and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Defendants and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Defendants and Class Counsel shall have seven ten (710) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Defendants and Class Counsel, which results will include the names and identities of all Settlement Class Members and the names identity of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Four Thousand Hundred Dollars dollars ($10,0004,000.00). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sPrecision Door, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and Precision Door, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ Precision Door shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior CourtFebruary 16, 2024, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Precision Door and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Defendant and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Defendant and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Defendant and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten seven and a half percent (107.5%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ Defendant has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ Defendant chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000)20,000.00. The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. A. Defendants have provided to Class Counsel, who in turn provided such to CPT, an Excel spreadsheet that includes, for each Class Member, the person’s name, last known mailing address, last known email address, and the date and amount of each charge for ID Sentinel Alert between July 31, 2016 and November 23, 2021, to the extent such information is available in Defendants’ records (the “Class List”). The Settlement Administrator Class List is designated as Confidential and shall be responsible used only for mailing and emailing the Notice purposes of Settlement to the Proposed Classthis settlement, tracing undeliverable mailings, recordingincluding settlement administration, and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made shall be destroyed by any member of the Proposed Class, reviewing Class Counsel’s calculation Counsel upon final distribution of the Settlement AwardsAmount, with a written confirmation of destruction provided to Defendants’ counsel.
B. The Parties shall use reasonable and best efforts to ensure that no later than twenty- eight (28) days following the Preliminary Approval Date, 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.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. 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, 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. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class 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 address, and if a new address is obtained, 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 Second Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other related tasks mutually materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five (45) days after the Notice Date shall also be responsible for establishing referred to as the “Claim/Exclusion/Objection Deadline.”
G. In order to receive a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) share of the Internal Revenue Code for purposes Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
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 administering this Settlementa paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and 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 is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in their respective discretion, may direct the Settlement Administrator to treat as well as issuing timely a Claim received by the necessary checks for all Settlement Awards, issuing all required tax documents Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as Forms W-2 and 1099-MISCthe failure to sign the Claim Form), performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the Attorney’s Fees and Costs Award.
b. claimant to cure the deficiency. The Settlement Administrator will perform consider any additional information or corrective action by the foregoing duties based on data 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. Class Counsel shall be kept apprised of the volume and nature of deficient claims.
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 final and not subject to review or appeal.
L. 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 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 ▇▇▇▇▇ ▇. AmeriMark Direct LLC Settlement.” 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. A request to be excluded that does not include all of the required information, or that is sent to an address other than the address designated for exclusion requests, or that is not postmarked within the time specified, shall be invalid, and the person serving such an invalid request shall be bound by this Agreement, if approved. Those Class Members who submit valid and 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, as follows: CPT Group, ▇▇ ▇▇▇▇▇▇’▇, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), above▇▇ ▇▇▇▇, ▇▇▇▇▇▇’, ▇▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved ▇▇▇▇▇; email address to be established by the Superior Court, provide Settlement Administrator.
M. Any Class Member who wishes to object to the Settlement Administrator may do so either orally or in writing. To object to the Settlement in writing, a Class Member must file a written objection with an Excel spreadsheet containing the following information for each member Court and serve copies of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known objection on Class Counsel, Defendants’ counsel, and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreementno later than the Claim/Exclusion/Objection Deadline. All such data shall be treated as private and confidentialAny written objection must set forth the name of the lawsuit (▇▇▇▇▇ ▇. AmeriMark Direct LLC, et al., Case No. 37-2020-00026922-CU-BT-CTL); the Class Member’s name, address, and telephone number; and the Settlement Administrator shall not use or disclose following statement: “I declare under penalty of perjury that, to the best of my knowledge, between July 31, 2016 and November 23, 2021, I was charged for an ID Sentinel Alert membership while I was a California resident.” The written objection must also state the factual and legal basis for the objection; the name and contact information of any such data to any persons or entities except as required by this Settlementand all attorneys representing, lawadvising, or Court order.
c. Each Proposed in any way assisting the objector in connection with the preparation of 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 who does not submit a valid wishes for the Court to consider must also be attached to the objection. Any written objection must be filed with the Court and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s and Class Counsel with served by mail as follows: (1) an electronic report setting forth to the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this AgreementSettlement Administrator, at CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or receivedto Defendants’ counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right▇▇, in its sole discretion▇▇▇▇, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇▇▇▇ chooses to exercise this right& ▇▇▇▇▇▇▇ LLP, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c.▇▇▇ ▇ ▇▇▇▇▇▇, above.
e. As part of seeking the Superior Court’s final approval of this Settlement▇▇▇▇▇ ▇▇▇▇, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs▇▇▇ ▇▇▇▇▇, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.▇▇ ▇▇▇▇▇; and
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall help implement the terms of this Agreement. The Settlement Administrator shall (a) be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, (b) tracing undeliverable mailings, recording, (c) recording and tracking responses to the mailings to the Proposed Class, (d) tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation (e) receive and catalogue all Opt-Outs, (f) make any additional mailings or e-mailings required under the terms of this Agreement, , (g) assist with the administration of the Settlement AwardsAgreement, and (h) perform any other related tasks mutually agreed to by the Parties. .
b. The Settlement Administrator shall also be responsible for establishing a the Qualified Settlement Fund (“QSF”) pursuant to Section §468B(g) of the Internal Revenue Code for purposes of receiving the Maximum Settlement Amount and administering this the Settlement, as well as (a) issuing the necessary checks for all Settlement Awards, (b) issuing all required tax documents (such as Forms W-2 and 1099-MISC), (c) performing all related tax reporting to taxing authorities and to Selden’sNNA, and (d) issuing all payments in the form of the Service Award, if any, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award, and (e) calculate the Settlement Awards and make all required payments from the Class Fund.
b. c. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇shall determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., which data shall be presumed to be correctdetermine whether any Proposed Class Member is a Settlement Class Member). In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, or Court order.
c. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s NNA and Class Counsel with (1) an electronic report setting forth the names and identities contact information of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities contact information of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ NNA and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ NNA and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s NNA and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In Notwithstanding any other provisions of this Agreement, in the event the number of Proposed Class Members who have timely requested exclusion from opting out of the Settlement exceeds settlement constitutes more than ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ NNA has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give Settlement by written notice to Class Counsel within Counsel, sent by e-mail no later than ten (10) business days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will shall apply to the Superior Court for a the Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The to compensate the Settlement Administrator for the costs, fees and expenses reasonably incurred by the Settlement Administrator in administering this Settlement Settlement. Absent court approval, Class Counsel shall be paid from solely responsible for the Settlement Administration Expenses Award approved by the CourtAward.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The A. TMB has provided or will provide the following to the Settlement Administrator and to Class Counsel from TMB’s business records: a list of the names, last known U.S. Mail addresses (to the extent available), email addresses (to the extent available), and certain transaction information of the Class Members (the “Class List”). Defendant will provide the Settlement Administrator and Class Counsel with any other documents or data in its possession, custody, or control that is reasonably accessible to defendant as reasonably necessary to validate claims. The Class List and any other documents or data provided pursuant to this paragraph are designated as “Confidential” and shall be responsible used or disclosed only for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation implementation of the Settlement Awardsand for no other purpose.
B. No later than twenty-one (21) days following the Preliminary Approval Date, 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.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. 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 no longer 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. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class 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 address, and if a new address is obtained, 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 First Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and any other related tasks mutually materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website.
E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The date that is forty-five (45) days after the Notice Date shall also be responsible for establishing referred to as the “Claim/Exclusion/Objection Deadline.”
G. In order to receive a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) share of the Internal Revenue Code for purposes Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
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 administering this Settlementa paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and signed by the claimant.
H. To be timely, the Claim must be returned to the Settlement Administrator no later than forty-five (45) days following the Notice Date (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 is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel and defendant in their discretion may jointly direct the Settlement Administrator to treat as well as issuing timely a Claim received by the necessary checks for all Settlement Awards, issuing all required tax documents Administrator after the Claim/Objection/Exclusion Deadline.
I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as Forms W-2 and 1099-MISCthe failure to sign the Claim Form), performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the Attorney’s Fees and Costs Award.
b. claimant to cure the deficiency. The Settlement Administrator will perform consider any additional information or corrective action by the foregoing duties based on data 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. Class Counsel shall be kept apprised of the volume and nature of deficient claims and allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies.
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 final and not subject to review or appeal.
L. 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 by in 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 ▇▇▇▇▇▇’▇ ▇. Trusted Media Brands, which data Inc. Settlement.” 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 presumed to be correct. In addition sent by regular mail, electronic mail, or hand-delivery to the data described in Section VI.4(a)Settlement Administrator, aboveas follows: CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇’, ▇▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide ▇▇▇▇▇; email:
M. Any Class Member who wishes to object to the Settlement Administrator may do so either orally or in writing. To object to the Settlement in writing, a Class Member must file a written objection with an Excel spreadsheet containing the following information for each member Court and serve copies of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known objection on Class Counsel, defendant’s counsel, and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreementno later than the Claim/Exclusion/Objection Deadline. All such data shall be treated as private The written objection must set forth the name of the lawsuit (▇▇▇▇▇▇▇, et al. v. Trusted Media Brands, Inc., Case No. 37-2020-00010762-CU-BT-CTL), the Class Member’s name, address, and confidentialtelephone number, and the Settlement Administrator shall not use following statement: “I declare under penalty of perjury that, to the best of my knowledge, I was enrolled by TMB or disclose any such data its affiliates in an automatic renewal or continuous service program between July 26, 2015 and March 5, 2020, and I wish to any persons or entities except object to the Settlement.” The written objection must also state the factual and legal basis for the objection. Any written objection must be filed with the Court and served by mail as required by this Settlement, law, or Court order.
c. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s and Class Counsel with follows: (1) an electronic report setting forth to the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this AgreementSettlement Administrator, at CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; (2) an electronic report setting forth the names to defendant’s counsel, ▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ LLP, Key Tower, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or receivedto Class Counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned▇, along with their envelopes, and objections received. Dostart ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, & ▇▇▇▇▇▇’▇ has the rightLLP, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇’▇ chooses to exercise this right▇▇▇▇▇, it shall give written notice to ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Settlement Administrator will promptly compare the information submitted by the objector against the Class List and advise Class Counsel within and defendant’s counsel whether it appears that the objector is in fact a Class Member. Class Counsel and defendant will respond to any written objections, as appropriate, either in briefs filed in advance of the final approval hearing or at the final approval hearing. Alternatively, any Class Member may present an objection to the Court orally at the final approval hearing.
N. No later than ten (10) court days after receiving following the report from Claim/Exclusion/Objection Deadline, the Settlement Administrator required by Section VI.8.c.will make available to Class Counsel and defendant’s counsel a written report listing the name and contact information of each Participating Class Member, aboveeach Excluded Class Member, and any Class Member who has objected to the Settlement.
e. As part of seeking the Superior Court’s final approval of this Settlement, O. Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred Members who submit timely Claims that are validated by the Settlement Administrator are referred to as the “Participating Class Members.” Only Participating Class Members will receive settlement payments under the Settlement, in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Courtaccordance with Section VIII, below.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) QSF pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sThe Company, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and The Company, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ The Company shall, within twenty-one thirty (2130) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s The Company and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returnedobjections received, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten approximately Twenty Thousand Hundred Dollars ($10,00020,000). The costs, fees fees, and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of calculating the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sThe Company, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and the Company, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ the Company shall, within twenty-one (21) calendar 45 days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) last known email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid number of shifts worked during the class periodSettlement Class Period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s the Company and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form Letter in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ The Company and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ The Company and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s the Company and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) % of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ the Company has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ The Company chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. In the event the actual number of shifts worked by the Proposed Class Members during the Settlement Class Period is more than 5% greater than the 1,437,003 shifts that Class Counsel estimated as part of the Parties’ negotiation process described in Paragraph IV, above, based on the data provided by the Company (i.e., 1,508,854 or more total shifts), then Plaintiff will have the right to void this Agreement unless the Company agrees to proportionately increase the Gross Settlement Amount to account for all shifts beyond 1,437,003.
f. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000)75,000.00. The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sTriple Canopy, and issuing the Service AwardAwards, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and Triple Canopy, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ Triple Canopy shall, within twenty-one fifteen (2115) calendar business days after this Agreement is preliminarily approved following preliminary approval of the Proposed Settlement by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Triple Canopy and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Defendant and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Defendant and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Defendant and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten seven and a half percent (107.5%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ Defendant has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ Defendant chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000)12,000.00. The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sSea Mar, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and Sea Mar, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ Sea Mar shall, within twenty-one twenty (2120) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Sea Mar and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Sea Mar and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Sea Mar and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Sea Mar and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten seven and a half percent (107.5%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ Sea Mar has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ Sea Mar chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Fifteen Thousand Hundred Dollars ($10,00015,000.00). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sthe Company, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and the Company, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ the Company shall, within twenty-one (21) calendar 30 days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) last known non-work email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does SETTLEMENT AGREEMENT - 6 not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s the Company and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form Letter in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ The Company and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ The Company and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s the Company and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) % of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ the Company has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ The Company chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000)within the capped amount provided for in this Agreement. The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), and performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs AwardDefendants.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇the Class Member Data, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)addition, above, ▇▇▇▇▇▇’▇ Defendants shall, within twenty-one seven (217) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) , last known address; (iii) , last known telephone phone number (if known any), and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five seven (57) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (14) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Defendants and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; and (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Defendants and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Defendants and Class Counsel shall have seven ten (710) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Defendants and Class Counsel, which results will include the names and identities of all Settlement Class Members and the names identity of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten twenty percent (1020%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has Defendants have the right, in its their sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses Defendants choose to exercise this right, it they shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000)6,500. The costs, fees fees, and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of calculating the Settlement AwardsAwards based on the data provided by Defendant, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sDefendant, and issuing the Service AwardAwards, Full Release Awards, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will shall perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and Defendant, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), VI.4. above, ▇▇▇▇▇▇’▇ Defendant shall, within twenty-one thirty (2130) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); and (iv) email address (if known and reasonably accessible); (v) unredacted social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidentialconfidential and transmitted by a fully encrypted secured sharefile link, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) business days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Defendant and Class Counsel with (1) an electronic report setting forth the names and identities (without other identifying information) of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.;
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), and performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs AwardHRG.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and HRG, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ HRG shall, within twenty-one thirty (2130) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s HRG and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form Letter in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ HRG and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ HRG and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s HRG and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class MembersMembers (i.e., ▇▇▇▇▇▇’▇ if 17 or more Proposed Class Members submit timely and valid Exclusion Letters, assuming the class size is and remains170), HRG has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ HRG chooses to exercise this right, it shall give written notice to Class Counsel within ten seven (107) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above. In the event that the Proposed Class contains ten percent (10%) more Proposed Class Members, as of the hearing on Plaintiff’s motion for preliminary approval of the Settlement, than the 170 of which Class Counsel were informed on April 8, 2021 (i.e., 187 or more total Proposed Class Members), then Plaintiff will have the right to void the Settlement unless HRG agrees to proportionately increase the Maximum Settlement Amount to account for those individuals.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Twelve Thousand Five Hundred Dollars ($10,00012,500.00). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sthe Company, and issuing the Service Award, the Full Release Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and the Defendant, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ the Defendant shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s the Company and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic SETTLEMENT AGREEMENT - 6 4887-4803-1701\2 report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Defendant and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Defendant and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Defendant and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten fifteen percent (1015%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ Defendant has the right, in its their sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ Defendant chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000)10,000.00. The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sthe Company, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and Arjo, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ Arjo shall, within twenty-one thirty (2130) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); and (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s the Company and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ The Company and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ The Company and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s the Company and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten fifteen percent (1015%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ the Company has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ the Company chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Three Thousand Hundred Dollars ($10,0003,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sDefendant, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Defendant, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ Defendant shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) social security number; (iii) last known address; (iiiiv) last known telephone number (if known and reasonably accessible); (ivv) email address (if known and reasonably accessible); (v) social security number; and (vi) total W2 wages paid received from Defendant during the class periodClass Period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. .
d. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Defendant and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ Defendant and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ Defendant and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s Defendant and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. e. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten fifteen percent (1015%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ Defendant has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ Defendant chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.9.d., above.
e. f. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The A. Within three (3) business days after the Preliminary Approval Date, Defendant will provide to the Settlement Administrator and to Class Counsel an Excel spreadsheet that includes for each Class Member, the individual’s name, telephone numbers, and email addresses, to the extent such information is available in Defendant’s business records (the “Class List”). The Class List shall be responsible designated as Confidential and used only for administration of this settlement.
B. The Parties shall use reasonable and best efforts to ensure that no later than twenty- one (21) days following the Preliminary Approval Date, or by such other date as the Court may establish, 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 Summary Class Notice will include a link through which the recipient Class Member can submit an election regarding the method by which that Class Member’s payment will be transmitted, which may be in the form of an electronic payment such as PayPal, Venmo, direct deposit/ACH, or another electronic method the Settlement Administrator deems effective, or may be in the form of a paper check if requested by a Participating Class Member (as defined in subparagraph H, below) who provides the Settlement Administrator with a mailing and emailing address. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.”
C. No later than the Notice of Date, the Settlement to Administrator will establish a Settlement Website on which it will make available the Proposed ClassSecond Amended Complaint, tracing undeliverable mailingsthe Settlement Agreement, recording, and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member order granting preliminary approval of the Proposed ClassSettlement, reviewing the Summary Class Counsel’s calculation of Notice, the Settlement AwardsLong Form Class Notice, and any other related tasks mutually materials agreed to by the Parties.
D. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Exclusion/Objection Deadline.”
E. 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 this section. The Settlement Administrator shall also request for exclusion must be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of in writing, must list the Internal Revenue Code for purposes of administering this SettlementClass Member’s name, as well as issuing the necessary checks for all Settlement Awardsmailing address, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’semail address, and issuing telephone number, along with the Service Award, statement “I wish to be excluded from the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇’, Inc. 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 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, as follows: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)Inc. Settlement Administrator, abovec/o CPT Group, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇’, ▇▇▇▇▇▇▇▇▇▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide ▇▇▇▇▇; email: .
F. Any Class Member who wishes to object to the Settlement Administrator must do so in writing. To object to the Settlement, the Class Member must file a written objection with an Excel spreadsheet containing the following information for each member Court and serve copies of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known objection on Class Counsel, Defendant’s counsel, and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreementno later than the Exclusion/Objection Deadline. All such data shall be treated as private and confidential, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, or Court order.
c. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s and Class Counsel with (1) an electronic report setting Any written objection must set forth the names and identities name of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; the lawsuit (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇’, Inc., Case No. 37-2022-00044840-CU-BT-CTL), the Class Member’s name, mailing address, email address, and telephone number, and the following statement: “I declare under penalty of perjury that, to the best of my knowledge, between February 14, 2019 and June 6, 2023, while residing in the State of California, I purchased a subscription through the website ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ and did not receive a full refund, and I wish to object to the Settlement.” Any written objection must also state the factual and legal basis for the objection; the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation of 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 Counsel shall Member wishes for the Court to consider must also be entitled attached to review the eligibility determinations made objection. A written objection must be filed with the Court and served by mail as follows: (1) to the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returnedAdministrator, along with their envelopes, and objections receivedat ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the , Inc. Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinationsc/o CPT Group, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇▇▇▇ chooses ▇▇▇▇▇; (2) to exercise this rightDefendant’s counsel, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ LLP, Two Embarcadero Center, Suite ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇; and (3) to Class Counsel, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Dostart ▇▇▇▇▇▇▇ LLP, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. The Settlement Administrator will promptly compare the information submitted by the objector against the Class List and advise Class Counsel and Defendant’s counsel whether it shall give appears that the objector is in fact a Class Member. Class Counsel and Defendant may respond to any written notice objections, as appropriate, either in briefs filed in advance of the Final Approval Hearing or at the Final Approval Hearing.
G. No later than five (5) court days following the Exclusion/Objection Deadline, the Settlement Administrator will make available to Class Counsel within ten (10) days after receiving and Defendant’s counsel a written report listing the report from name and contact information of each Excluded Class Member and any Class Member who has objected to the Settlement Administrator required by Section VI.8.c., aboveSettlement.
e. As part of seeking H. Class Members who do not submit a timely Exclusion Form are referred to as the Superior Court’s final approval of this “Participating Class Members.” Only Participating Class Members will receive a settlement payment under the Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costsin accordance with Section VIII, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Courtbelow.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Class Settlement and Notice of Class and Subclass Settlement to the Proposed ClassSettlement Class and Proposed Settlement Subclass, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed ClassSettlement Class and Proposed Settlement Subclass, tracking and responding to any inquiries made by any member of the Proposed ClassSettlement Class and Proposed Settlement Subclass, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’sFPG, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and FPG, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)VI.4., above, ▇▇▇▇▇▇’▇ FPG shall, within twenty-one twenty (2120) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class periodwhether or not they are a Potential Settlement Subclass Member. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Settlement Class Member’s or Proposed Settlement Subclass Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Settlement Class Member is a Settlement Class Member and whether any Proposed Settlement Subclass Member is a Settlement Subclass Member). Each Proposed Settlement Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Each Proposed Settlement Class Member who is also a Proposed Settlement Subclass Member and who does not submit a valid and timely request for exclusion will automatically be a Settlement Subclass Member and eligible to receive additional monies as part of their Settlement Award attendant to their status as a Settlement Subclass Member. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s FPG and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Settlement Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Settlement Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ FPG and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ FPG and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s FPG and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Settlement Class Members and/or Proposed Settlement Subclass Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members or Proposed Settlement Subclass Members, ▇▇▇▇▇▇’▇ respectively, FPG has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ FPG chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.cVI.7.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Fifteen Thousand Hundred Dollars ($10,00015,000.00). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. Class Counsel has selected American Legal Claims Services, LLC as the Settlement Administrator. The Settlement Administrator’s costs associated with the administration of this Settlement shall be paid from the Gross Settlement Fund. The Settlement Administrator shall be responsible for mailing handling class noticing and emailing all aspects of the Notice administration of the distribution of the Gross Settlement Fund, including, but not limited to, (a) the formation of a qualified settlement fund (the “Qualified Settlement Fund”) as authorized by Treasury Regulation 1.486B-1(c) to the Proposed Classaccept, tracing undeliverable mailings, recordingdistribute, and tracking responses to otherwise administer the mailings to the Proposed ClassSettlement, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing including wiring Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award.
b. Class Counsel’s Expenses to Class Counsel, according to such wiring instructions that The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇▇ Firm, which data shall be presumed PC will provide to be correct. In addition to the data described in Section VI.4(a), above, ▇▇▇▇▇▇’▇ shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Class: (i) name; (ii) last known address; (iii) last known telephone number (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator; (b) the determination of the Tax and Withholding Amounts for each Class member based on the pre-tax amounts shown on Schedule 1, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated well as private and confidentialthe determination of the amount of all applicable employer tax contributions, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlementincluding, law, or Court order.
c. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadlinewithout limitation, the Settlement Administrator shall provide Seldenemployer’s share of FICA/Medicare tax and Class Counsel with (1) an electronic report setting forth the names any federal and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement state unemployment tax due (“Exclusion LetterEmployer Portions”); (3c) copies the preparation and mailing of settlement checks to each Class member who does not Opt-out (as defined herein); (d) the withholding, transmittal, and reporting of the Tax and Withholding Amounts and all payroll taxes, and preparing and mailing of all Exclusion Letters returned or received; W-2 Forms and/or 1099 Forms, where applicable, and (4e) copies the processing of all objections returned or received. ▇▇▇▇▇▇’▇ settlement checks as undeliverable, including re-mailing to forwarding addresses and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms tracing of this Agreement. current addresses The Settlement Administrator shall retain notify Defendant’s counsel, in writing, of the originals payment amount necessary to satisfy the Employer Portions, as well as the computation thereof. Defendant shall wire the Employer Portions to the Qualified Settlement Fund simultaneously with the payment of all Exclusion Letters returned, along with their envelopes, the Gross Settlement Fund. The Class members’ settlement distributions shall be included under the Class member’s name and objections received. ▇▇▇▇▇▇’▇ social security number on a W-2 Form and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator any applicable state or local tax form to challenge any Exclusion Letter and/or eligibility determination in writing directed to be distributed by the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. a. The Settlement Administrator shall be responsible for mailing and and/or emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), and performing all related tax reporting to taxing authorities and to Selden’s, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs AwardDefendants.
b. The Settlement Administrator will perform the foregoing duties based on data provided by ▇▇▇▇▇▇’▇Class Counsel and Defendants, which data shall be presumed to be correct. In addition to the data described in Section VI.4(a)4, above, ▇▇▇▇▇▇’▇ Defendants shall, within twenty-one (21) calendar days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) , last known address; (iii) , last known telephone number (if known and reasonably accessible); (iv) and/or email address (if known any), and reasonably accessible); (v) social security number; and (vi) total wages paid during the class period. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential, confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order.
c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Selden’s Defendants and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. ▇▇▇▇▇▇’▇ and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. ▇▇▇▇▇▇’▇ and Class Counsel shall have seven (7) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall provide the final results of its eligibility determinations to Selden’s and Class Counsel, which results will include the names of all Settlement Class Members and the names of all individuals who opted out of the Settlement.
d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds ten percent (10%) of the total number of Proposed Class Members, ▇▇▇▇▇▇’▇ has the right, in its sole discretion, to terminate or not to terminate the Settlement. If ▇▇▇▇▇▇’▇ chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.8.c., above.
e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Ten Thousand Hundred Dollars ($10,000). The costs, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.;
Appears in 1 contract
Sources: Settlement Agreement