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MICHELE NILSEN, ON BEHALF OF HERSELF AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFFS v. YORK COUNTY, DEFENDANT.

ORDER DIRECTING CLASS-WIDE NOTICE OF SETTLEMENT

D. BROCK HORNBY, Chief Judge, District

It is hereby ORDERED:

1. The Amended Settlement Agreement, dated March 29, 2005, complies with my Order of March 4, 2005.

2. The following exhibits, attached to the Amended Settlement Agreement, are approved:

(a) the revised notice of class action settlement (Exhibit A-1);

(b) the notice for publication (Exhibit B-1);

(c) the settlement claim form (Exhibit C-1);

(d) the envelope (Exhibit F); and

(f) the press release (Exhibit E-1).

3. Analytics, Inc., of 18732 Lake Drive East, Chanhassen, Minnesota 55317, is appointed as the claims administrator for the PROPOSED settlement.

4. By April 8, 2005, the claims administrator shall mail to the class members the revised settlement notice and claim form in the approved envelope.

5. The publication notice of the settlement shall be published twice in both the Portland Press Herald and the York County Journal Tribune. The plaintiffs' counsel shall also distribute the press release to local and regional media outlets.

6. The website http://www.yorkcountyjailclass.com shall be maintained by the plaintiffs' counsel, and copies of the notices to class members and the claim form shall be available for downloading from this website.

7. The claims administrator shall maintain a toll-free telephone number where potential class members can get information about the case and the settlement during the time period beginning when the claim forms are mailed and ending the day after the claim forms must be postmarked.

8. On June 10, 2005, the plaintiffs' counsel shall file their motion for final approval of the settlement and their supplemental memorandum on attorney fees.

9. The deadline for class members to file a written notice of exclusion from this case is July 1, 2005.

10. The deadline for class members to have postmarked their settlement claim forms is July 1, 2005, with an additional two-week amnesty period until July 15, 2005, during which time settlement claim forms shall still be accepted as timely.

11. By July 15, 2005, the plaintiffs' counsel shall file a supplemental memorandum addressing any objections to the settlement filed after June 3, 2005, or otherwise supporting the approval of the settlement.

12. The deadline for consideration of any late-submitted claim forms is July 29, 2005.

13. A hearing on whether the settlement is fair, reasonable and adequate, and whether any requests for attorney fees and nontaxable costs should be allowed will take place on August 1, 2005, at 10:00 a.m.

SO ORDERED.

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NILSEN v. YORK COUNTY
(Apr 1, 2005)