Any Settlement Sample Clauses
Any Settlement. Class Member who fails to timely file and serve a written objection and notice of intent to appear at the Final Approval Hearing pursuant to this Agreement shall not be permitted to object to the approval of the Settlement Agreement at the Final Approval Hearing and shall be foreclosed from seeking any review of the settlement or the terms of the Agreement by appeal or other means.
Any Settlement. Class Member who fails to comply with the applicable provisions of the preceding paragraphs concerning their objection shall waive and forfeit any and all rights he or she may have to object, appear, present witness testimony, and/or submit evidence, shall be barred from appearing, speaking, or introducing any testimony or evidence at the Final Approval Hearing, shall be precluded from seeking review of this Agreement by appeal or other means, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments in the Litigation. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to subpoenas and discovery.
Any Settlement. Class Member who submits a valid and timely request for exclusion will neither be bound by the terms of this Agreement, nor receive any of the benefits of the Settlement.
Any Settlement. Class Member who intends to object to this Agreement must present the objection in writing, which must be personally signed by the objector, and must include: (1) the objector’s name and address; (2) an explanation of the basis upon which the objector claims to be a Settlement Class Member, including the AMI Publication(s) to which he or she is or was a subscriber; (3) all grounds for the objection, including all citations to legal authority and evidence supporting the objection; (4) the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection (the “Objecting Attorneys”); and (5) a statement indicating whether the objector intends to appear at the Final Approval Hearing (either personally or through counsel who files an appearance with the Court in accordance with the Local Rules).
Any Settlement. Class Member who submits a request for exclusion with a timely postmark may not object to the settlement and shall be deemed to have waived any rights or benefits under the Settlement Agreement. If a Settlement Class Member files a Claim Form and also requests exclusion from the settlement, then the Settlement Class Member will remain in the Settlement Class and the request for exclusion will be void. If a Settlement Class Member opts out and files a separate action based on the same or similar facts, in any tribunal, and also submits a Claim Form, the Settlement Class Member shall be deemed to have opted out of the Settlement Class regardless of the outcome of the separate action.
Any Settlement. Class Member who fails to comply with the provisions of the preceding subsections shall waive and forfeit any and all rights he or she may have to appear separately and/or object, shall be bound by all the terms of this Agreement and by all proceedings, orders, and judgments in the Action, and shall be forever barred from making any objection to the Agreement and the proposed Settlement by appearing at the Final Approval Hearing, appeal, collateral attack, or otherwise.
Any Settlement. Class Member who does not properly and timely submit an exclusion request and who wishes to object to the fairness, reasonableness, or adequacy of the Agreement or the Proposed Settlement or who wishes to object to the Attorneys’ Fee, Costs, and Expenses Award must file with the Court and serve on Class Counsel and Defendant’s Counsel, postmarked no later than the Bar Date, a written statement of the objection personally signed by the Settlement Class Member containing all of the following information:
a) the name and case number of the Action
b) the full name, address, and telephone number of the person objecting and, if represented by counsel, of his/her counsel with counsel’s contact information;
c) the cellular telephone number which received pre-recorded voice calls, a statement that such calls were received without consent, and the person objecting is a Settlement Class Member;
d) a statement of each objection, including the specific reasons, if any, for each objection, including any legal and factual support the objector wishes to bring to the Court’s attention and any evidence the objector wishes to introduce in support of the objection(s);
e) a statement of whether he/she intends to appear at the Final Approval Hearing, either with or without counsel;
f) a list all other cases in which the Class Member has filed an objection; and
g) any and all agreements that relate to the objection or the process of objecting— whether written or oral—between objector or objector’s counsel (if represented) and/or any other person or entity; and
h) be personally signed by the Class Member. Class or group objections shall be prohibited.
Any Settlement. Class Member who fails to comply with the provisions of this Article waives and forfeits, and shall be deemed to have waived and forfeited, any and all rights that he, she, it, or they may have to object to the Settlement and will be foreclosed from making any objections (whether by appeal or otherwise) to the Settlement. A Settlement Class Member who does not timely submit a notice of intent to appear at the Fairness Hearing in accordance with all of the requirements of this Section shall not be allowed to appear at the Fairness Hearing (whether individually or through separate counsel).
Any Settlement. Class member making a claim against a non-settling person for what would be a claim settled under this Agreement if asserted against a Settling Defendant shall indemnify and hold harmless each Settling Defendant from any claim ever asserted against such Settling Defendant arising from such claim.
Any Settlement. Class Member who intends to object to this Settlement must include in any such objection: his/her full name, address and current telephone number; the telephone number(s) at which he/she received a call encompassed by this Settlement and the telephone carrier associated with each such identified telephone number; whether each such identified phone number was a cellular phone or a residential landline; all grounds for the objection with factual and legal support for the stated objection; the identification of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the last four years; and the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his or her counsel. An objecting Settlement Class Member must identify, specifically and in writing, all objections and the basis for any such objections, the identity of any witnesses he/she may call to testify, and all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, which shall be attached. An objecting Settlement Class Member must also provide a statement of whether he or she intends to appear at the Final Approval Hearing, either with or without counsel. Any Settlement Class Member who fails to timely file and serve a written objection and notice of his or her intent to appear at the Final Approval Hearing pursuant to this Paragraph, as detailed in the Class Notice, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means.