Exclusion from Class. Provisions of such policies, guidelines and regulations notwithstanding, any employee may exclude a pupil from the classroom when the employee judges the pupil’s behavior to be disruptive of the instructional program. Prior to the student returning to the classroom due to severe disruptions, the teacher may communicate recommendations to the principal/designee for expected student behaviors. A behavior contract signed by the student may be appropriate before the child returns to class. In the event of an appeal process, the principal will gather information, including teacher input, to determine if alternative placement options are appropriate.
Exclusion from Class. Any person falling within the definition of the Class may, upon request, be excluded or “opt out” from the Class. Any such person who desires to request exclusion from the Class must submit a fully-completed Request For Exclusion. To be valid, the Request for Exclusion must be (i) submitted electronically on the Settlement Website, or (ii) postmarked or received by the Settlement Administrator on or before the end of the Opt-Out Period, which shall expire ninety (90) days following the Notice Date. In the event the Settlement Class Members submit a Request for Exclusion to the Settlement Administrator via US Mail such Request for Exclusion must be in writing and must identify the case name In re Premera Blue Cross Customer Data Security Breach Litigation, Case No. 3:15-md-2633-SI; state the name, address and telephone number of the Settlement Class Members seeking exclusion; be physically signed by the Person(s) seeking exclusion; and must also contain a statement to the effect that “I/We hereby request to be excluded from the proposed Settlement Class in In re Premera Blue Cross Customer Data Security Breach Litigation, Case No. 3:15-md-2633-SI.” All persons and entities who submit valid and timely Requests For Exclusion as set forth in this Order and the Notice shall have no rights under the Settlement, shall not share in the distribution of the Settlement Fund, and shall not be bound by the Settlement or any final judgment entered in this Action.
Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of such intent to exclude himself or herself from the Settlement Class to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 days after the Notice Deadline (the “Opt- Out Deadline”). The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Action; and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement. If Final Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders and judgments in this matter, including but not limited to the Release set forth in the Final Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the claims and transactions released in the Settlement Agreement. All Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.
Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written request for exclusion to the Settlement Administrator at the address and in the manner and within the time provided in the Notice. Such requests for exclusions must meet the opt-out deadline established by this Order and stated in the Notice. Any member of the Settlement Class who does not properly and timely opt-out of the Settlement shall, upon entry of the Order and Final Judgment, be bound by all the terms and provisions of the Settlement Agreement, whether or not such Settlement Class Member objected to the Settlement and whether or not such Settlement Class Member received consideration under the Settlement Agreement. A request for exclusion must be in writing and: (a) state the name of this proceeding (Xxxxxxxx v. Personal Touch Holding Corp., in the United States District Court for the Eastern District of New York, Case No. 2:21-cv-02061, or similar identifying words such as “Personal Touch Holding Corp. Data Breach Lawsuit”); (b) state the name and address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. A request for exclusion that does not include the foregoing information, or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be invalid and the Settlement Class Member serving such a request shall, if the Final Approval Order and Judgment is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Administrator shall forward a list of all requests for exclusion to Class Counsel and to Defendant’s Counsel within 7 days of the Opt-Out Deadline. If the Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written request for exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the Release set forth in the Final Approval Order and Judgment. Settlement Class Members who submit valid and timely requests for exclusion shall not be entitled to receive any benefits from the Settlement. Upon entry of the Order and Final Judgment all members of the Settlement Class w...
Exclusion from Class. 1. Each Class Member who properly submits a timely written request for exclusion shall be excluded from the Settlement Class and shall have no rights under this Settlement Agreement. An exclusion request shall be deemed timely if it is received by the Settlement Administrator no later than thirty calendar days after the Initial Notice Date.
Exclusion from Class. Any Class Member who wishes to be excluded from the Class must mail a written request for exclusion stating such a request for exclusion and containing the information set forth in the Class Notice, postmarked no later than ninety-five (95) days after entry of the Preliminary Approval Order, or as the Court otherwise may direct, to the Notice Administrator, in care of the address provided in the Class Notice. The Notice Administrator shall forward copies of any written requests for exclusion to Class Counsel and New Balance’s Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Notice Administrator no later than ten (10) days before the Fairness Hearing. If the proposed settlement is finally approved, any Class Member who has not submitted a timely written request for exclusion from the Class shall be bound by all subsequent proceedings, orders, and judgments in the Action, even if the Class Member previously initiated or subsequently initiates against any or all of the Released Parties any litigation or other proceeding encompassed by the Release and the claims released in the Settlement Agreement. Persons who properly exclude themselves from the Class shall not be entitled to participate in the benefits of the Settlement Agreement. New Balance’s Counsel shall provide to the Notice Administrator, within ten (10) business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has litigation against New Balance that involves the Toning Shoes. The Notice Administrator shall mail copies of the Class Notice to all such legal counsel. New Balance will promptly direct the Notice Administrator to serve the Class Notice on counsel for any Class Members who subsequently initiate litigation, arbitration, or other proceedings against New Balance relating to claims alleging events occurring during the Class Period, the Toning Shoes, and/or otherwise involving the Release.
Exclusion from Class. Each Class Member who wishes to exclude himself or
Exclusion from Class. Any person falling within the definition of the Class may, upon request, be excluded or “opt out” from the Class. Any such person who desires to request exclusion from the Class must submit written notice of such intent to the designated Post Office box established by the Claims Administrator. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, the written notice must be postmarked no later than seventy-five (75) days after the date on which the Notice Program commences.
Exclusion from Class. The proposed procedures for Class Members to request to be excluded from the Settlement Class and for the handling of such requests set forth in Section 4.3 of the Settlement Agreement are hereby approved. No later than fourteen (14) days before the Final Approval Hearing date, the Settlement Class Representatives shall file the then-operative Opt-Outs Report with the Court. To the extent there is any dispute between the Parties regarding any determination made in the Opt-Outs Report filed with the Court, the Parties shall present such dispute to the Court for resolution no later than seven (7) days before the Final Approval Hearing.
Exclusion from Class. Regardless of the cause of any pupil difficulty, no teacher or class is ever required to tolerate any act of gross misconduct, such as abusive or vile language, acts of violence or deliberate insubordination. Such students shall be immediately referred to the Principal for appropriate action. The teacher shall simultaneously transmit a note of explanation to the Principal providing the necessary information concerning the problem. The teacher shall be informed in writing of the Principal’s action at the time of the student’s return to class. B. Adjustment of Discipline After three (3) exclusions, the Principal may have the child and a parent attend a conference on school rules. The school shall be represented at this conference by the Principal or his/her designee. After conferring with the teacher, the Principal may determine the procedure other than a parental conference which may be more beneficial to the child. After three (3) exclusions, considered by the Principal to be justified, some procedure shall be undertaken before the child is returned to class.
