SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES

Transcription

1 [Attorney and firm information of filing party] MODEL FORMS Where this Order Form is used, then any proposed stipulated order submitted to the Court must be accompanied by a redlined or compare version of this Form, so that the Court may readily see all modifications that were made to this Form. This procedure is intended to save you and the Court time, and promote faster processing. [ ], v. Plaintiff, [ ], Defendant. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES Case No.: DECLARATION OF [ ] 1 //1 DECLARATION

2 I, [declarant s name], declare: 1. I am a resident of the United States of America, and am over the age of. I am a [job title] for [name of Settlement Administrator], the professional settlement services provider that has been retained by the parties to serve as the Settlement Administrator for the settlement in the above referenced action. I am responsible for supervising the settlement services provided by [Settlement Administrator] for this matter. The facts set forth herein are true of my own personal knowledge and I am informed and believe them to be true. If called as a witness, I could and would competently testify thereto. I. EXPERIENCE OF [SETTLEMENT ADMINISTRATOR]. [Settlement Administrator] specializes in class action notification and claims administration, including telephone support and web-based support, direct mail services, claims processing, and settlement fund distribution. [Settlement Administrator] began its claims administration practice in [year] and has extensive experience in class action matters, having provided services in class actions ranging in size from [ ] to [ ] class members and has provided notification and/or claims administration services for nearly [ ] projects.. [Insert additional details regarding experience of Settlement Administrator as needed and appropriate.]. Attached hereto as Exhibit A is a true and correct copy of [Settlement Administrator s] current CV, reflecting our primary competencies as they relate to class action settlement administration. II. OVERVIEW OF [SETTLEMENT ADMINISTRATOR S] RESPONSIBILITIES. [Settlement Administrator s] responsibilities in administering the settlement in this action to date have included the following: (a) Publishing the Summary Notice; (b) [Mailing and ing the Settlement Notice and Claim Form to Class Members;] (c) Renting a post office box to which Class Members can send Requests for Exclusions, Claim Forms, Objections and other necessary communications; //1 DECLARATION

3 (d) Establishing a telephone number, [phone number], which provides Class Members with information about the proposed Settlement, and allows them to hear frequently asked questions; (e) Establishing and maintaining the settlement administration web site, [website domain name], which provides Class Members with information about the proposed settlement, allows Class Members to file electronic claims, and allows them to download settlement documents; and (f) Receiving and processing of Class Members electronic and mailed claims. III. CLASS NOTICE. In accordance with the Settlement Agreement, [Settlement Administrator] arranged for publication of the Summary Published Notice by [newspaper, [website], [ notification], [direct mailing to class members] or [other form]. The notice was published in the form of a [describe published ad (e.g., 1/ page ad on Thursday editions of USA Today for two consecutive weeks)]. [Newspaper/publisher] has a circulation of [ ] with an estimated daily readership of [ ]. The Summary Published Notice appeared in [newspaper/publisher] on page [ ] on [date] and page [ ] on [date]. A true and correct copy of the Summary Published Notice is attached as Exhibit B. A summary of the publication dates and page numbers is attached as Exhibit C.. One of [Settlement Administrator s] primary responsibilities was to cause the Notice and Claim Form to be mailed and/or ed to all known Class Members. On [date], [Settlement Administrator] received a file containing [ ] records, which contained the names and addresses and/or s for known Class Members. Of the [ ] records, [ ] contained a valid address and [ ] contained a valid mailing address. As part of the preparation for mailing, [Settlement Administrator] ran all [ ] records with a mailing address through the National Change of Address database (NCOA) and received updated addresses for [ ] records. The addresses for all [ ] records were updated prior to mailing. On [date], [Settlement Administrator] ed [ ] Notices and mailed [ ] Notice and Claim Forms to Class Members. A true and correct copy of the mailed Claim Form and Notice is attached hereto as Exhibit D. A true and correct copy of the ed Notice is attached hereto as Exhibit E. //1 DECLARATION

4 As of [date], [ ] Notices had been returned as undeliverable without a forwarding address. These records were sent to out for skip-tracing, and updated addresses were received for [ ] records. As of [date], [Settlement Administrator] had r ed Notice and Claim Forms to [ ] records. As of [date], [ ] Notices were returned with a forwarding address. Notices returned with a forwarding address were updated within the database and were r ed to the updated address. As of [date], I understand that we have been unable to successfully mail notice to [ ] class members.. Based on my experience as a [job title] for [Settlement Administrator], I believe that the Summary Published Notice, the mail Notice, and the Notice had a reasonable chance of reaching a substantial percentage of the Settlement Class. IV. CLAIMANT COMMUNICATION. [Settlement Administrator] established Post Office Box [address] to receive written communication from Class Members, including correspondence, claims, and requests for exclusion.. As of [date], [Settlement Administrator] had received [ ] pieces of correspondence. 1. As of [date], [Settlement Administrator] had received [ ] timely requests for exclusion. 1. As of [date], [Settlement Administrator] had received [ ] objections to the settlement. 1. The deadline for requesting exclusion [is/was] [date]. A list of timely submitted exclusions and objections is attached hereto as Exhibit F. V. TELEPHONE SUPPORT 1. On [date], [Settlement Administrator] activated a toll-free number, [phone number], which allows Class Members to hear information about the settlement, provides answers to frequently asked questions, and allows Class Members to request a Notice and Claim Form. 1. As of [date], [Settlement Administrator] had received [ ] calls. Of the [ ] calls, [ ] have requested a Notice and Claim Form, all of which have been mailed. //1 DECLARATION

5 VI. SETTLEMENT ADMINISTRATION WEBSITE 1. The settlement administration website, [domain name], was activated on [date]. This website provides Class Members with general information about the proposed settlement, makes copies of Court documents and the Published Notice available to Class Members, and allows Class Members to file an electronic claim or an electronic online exclusion. As of [date], there have been [ ] hits from [ ] unique visitors on the settlement administration website. Screen shots of the settlement website are attached hereto as Exhibit G. VII. CLAIM FORMS. As of [date], [Settlement Administrator] has received [ ] hard copy Claim Forms and [ ] electronic Claim Forms from Class Members for a total of [ ] claims. Initial review of the claims shows that [ ] are valid and that the total claimed amount to date is $[ ]. The deadline for submitting claims [is/was] [date]. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed on. [ ] //1 DECLARATION