Common use of Settlement Class Notice Clause in Contracts

Settlement Class Notice. Named Plaintiff, Settling Defendants, and the proposed Settlement Administrator have developed an appropriate and reasonable Notice Plan to reach Settlement Class Members. The Parties will recommend this Notice Plan to the Court. This Amended Settlement Agreement provides for a Settlement Class under Federal Rule of Civil Procedure 23(b)(2). Accordingly, individual notice is not required. Further, Settling Defendants represent (and discovery confirms) that individual notice would not be possible because the Settling Defendants do not have records identifying names or addresses for members of the Settlement Class. The Notice Plan will be administered by an experienced and qualified settlement administrator. The Settlement Administrator was consulted and utilized to develop, focus, and implement the proposed Notice Plan. Before recommending the Notice Plan, the Settlement Administrator investigated the specific demographic characteristics of Interstate Batteries’ customer base in order to develop and recommend a cost-effective Notice Plan specifically targeted to the Settlement Class.