Common use of Exclusion from the Settlement Class Clause in Contracts

Exclusion from the Settlement Class. Any member of the Settlement Class who wishes to be excluded from the Settlement (i.e., “opt out”) must send a written request for exclusion to the Settlement Administrator stating a request to “opt out” or to be “excluded” no later than thirty (30) days prior to the Final Fairness Hearing (the “Opt-Out Deadline”). In order to be effective, the request must include: (a) the name of the Lawsuit; (b) the full name and address of the member of the Settlement Class requesting exclusion; (c) the information that qualifies him or her for inclusion in the Settlement Class, including the name of the Hotel(s) at which the Settlement Class member booked and paid for a stay as well as the dates the Settlement Class member stayed at said Hotel(s); (d) the following statement: “I hereby request that I be excluded from the proposed Settlement Class in the Lawsuit” or a substantially similar statement that unambiguously communicates a desire to be excluded from the Settlement; and (e) the personal signature of the member of the Settlement Class requesting exclusion. Exclusion requests must be made individually by the member of the Settlement Class who is requesting exclusion; no generic or “mass” opt-outs shall be allowed. Members of the Settlement Class who exclude themselves from the Settlement will not be eligible to receive any benefits under the Settlement, will not be bound by any further orders or judgments entered for or against the Settlement Class related hereto, and will preserve their ability independently to pursue any claims they may have against Defendants.

Appears in 2 contracts

Samples: Legal Representation Agreement, Legal Representation Agreement

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Exclusion from the Settlement Class. Any member of the Settlement Class Member who wishes to be excluded from the Settlement (i.e., “opt out”) Class must send a written request Request for exclusion Exclusion to the Settlement Administrator stating a request Administrator, by first-class mail, postage prepaid, to “opt out” or to the address provided in the Mail Notice and Settlement Website. Any such Request for Exclusion must be “excluded” postmarked no later than thirty (30) days prior to before the Final Fairness Hearing Approval Hearing. (the “Opt-Out Deadline”). In order to a) To be effectivevalid, the request must includeRequest for Exclusion must: (a) identify the case name of the Lawsuitand number; (b) identify the full name and address of the member of the Settlement Class requesting exclusionMember; (c) the information that qualifies him or her for inclusion in the Settlement Class, including the name of the Hotel(s) at which be personally signed by the Settlement Class member booked Member requesting exclusion; and paid for (d) contain a stay as well as the dates statement that indicates a desire to be excluded from the Settlement Class member stayed at said Hotel(s); (d) in the following statement: Chong Litigation, such as “I hereby request that I be excluded from the proposed Settlement Class in the LawsuitChong Class Action.Mass or a substantially similar statement that unambiguously communicates a desire class opt outs shall not be allowed. (b) A Settlement Class Member who desires to be excluded from opt out must take timely affirmative written action pursuant to this Order and the Settlement; and (e) the personal signature of the member of Settlement Agreement, even if the Settlement Class requesting exclusion. Exclusion requests must be made individually by the member Member desiring to opt out of the Settlement Class who is requesting exclusion; no generic (a) files or “mass” opt-outs shall be allowed. Members has filed a separate action against any of the Settlement Class who exclude themselves from Released Persons, or (b) is, or becomes, a putative class member in any other class action filed against any of the Settlement will not be eligible to receive any benefits under the Settlement, will not be bound by any further orders or judgments entered for or against the Settlement Class related hereto, and will preserve their ability independently to pursue any claims they may have against DefendantsReleased Persons.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from the Settlement Class. Any member of the Settlement Noticed Class Member who wishes to be excluded from the Settlement (i.e., “opt out”) Class must send a written request Request for exclusion Exclusion to the Settlement Administrator stating a request by first-class mail, postage prepaid, to the address provided in the Mail Notice and Settlement Website. Any such Request for Exclusion must be postmarked by _______________, 202__ (opt out” or to be “excluded” Opt Out Deadline”), which is no later less than thirty (30) days prior to Days before the Final Fairness Hearing (the “Opt-Out Deadline”)Approval Hearing. 11.1. In order to To be effectivevalid, the request Request for Exclusion must include: (a) clearly indicate the name, address, telephone number, and passport number of the Person seeking exclusion, the name and case number of the Lawsuit; (b) Action, a clear and unequivocal statement under penalty of perjury that the full name and address of the person seeking exclusion believes he or she is a member of the settlement class and a statement with enough factual information to demonstrate that the Person is eligible to be a Settlement Class requesting exclusion; (c) the information that qualifies him or her for inclusion in the Settlement Classmember, including the name of the Hotel(s) at which the Settlement Class member booked and paid for a stay as well as the dates the Settlement Class member stayed at said Hotel(s); (d) the following statement: “I hereby request that I be excluded from the proposed Settlement Class in the Lawsuit” or a substantially similar statement that unambiguously communicates a desire the Person wishes to be excluded from the Settlement; Settlement Class, and (e) the personal date and signature of such Person or, in the member case of the Settlement Class requesting exclusion. Exclusion requests must be made individually by the member of a Person in the Settlement Class who is requesting exclusion; no generic deceased or “mass” opt-outs shall be allowedincapacitated, the signature of the legally authorized representative of such Person. 11.2. Members A Noticed Class Member who desires to opt out must take timely affirmative written action pursuant to this Order and the Settlement Agreement, even if the Noticed Class Member desiring to opt out of the Settlement Class who exclude themselves from (a) files or has filed a separate action against any of the Settlement will not be eligible to receive Released Persons, or (b) is, or becomes, a putative class member in any benefits under other class action filed against any of the Settlement, will not be bound by any further orders or judgments entered for or against the Settlement Class related hereto, and will preserve their ability independently to pursue any claims they may have against Defendants.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Exclusion from the Settlement Class. Any member of the Settlement Class Member who wishes to be excluded from the Settlement (i.e.Class must complete and send to the Administrator, “opt out”) must send at the address listed in the Class Notice and on the Settlement website, a written request for exclusion to the Settlement Administrator stating a request to “opt out” or to be “excluded” postmarked no later than (“Opt Out Deadline”), which is no less than thirty (30) days prior to before the Final Fairness Hearing (the “Opt-Out Deadline”). In order to Approval Hearing. 10.1 To be effectivevalid, the request must includefor exclusion must: (a) identify the name of the Lawsuitcase name; (b) identify the full name and address of the member of the Settlement Class requesting exclusionMember; (c) be personally signed by the information that qualifies him or her for inclusion in Class Member requesting exclusion; and (d) state a desire to be excluded from the Settlement Class, including the name of the Hotel(s) at which the Settlement Class member booked and paid for a stay such as well as the dates the Settlement Class member stayed at said Hotel(s); (d) the following statement: “I hereby request that I be excluded from the proposed Settlement Class in the LawsuitFrontier Class ActionExcept for deceased or incapacitated Class Members, for whom Legally Authorized Representatives may act with written evidence of authority, Class Members must request exclusion individually and not through another acting on their behalf, and mass or class opt outs are prohibited. 10.2 A Class Member who desires to opt out must take timely affirmative written action, pursuant to this Order and the Agreement, even if the Class Member desiring to opt out (a) files or has filed a substantially similar statement that unambiguously communicates a desire to be excluded from the Settlement; and (e) the personal signature separate action against any of the Released Persons, or (b) is or becomes a putative or actual class member in any other class action filed against any of the Settlement Released Persons. The Administrator shall provide Class requesting exclusion. Exclusion Counsel and the Defendant’s Counsel a list of all timely requests must be made individually by for exclusion not less than ten (10) days before the member of the Settlement Class who is requesting exclusion; no generic or “mass” opt-outs shall be allowed. Members of the Settlement Class who exclude themselves from the Settlement will not be eligible to receive any benefits under the Settlement, will not be bound by any further orders or judgments entered for or against the Settlement Class related hereto, and will preserve their ability independently to pursue any claims they may have against DefendantsFinal Approval Hearing.

Appears in 1 contract

Samples: Combined Stipulation and Settlement Agreement

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Exclusion from the Settlement Class. Any member of the Settlement Class Member who wishes to be excluded from the Settlement (i.e.Class must complete and send to the Administrator, “opt out”) must send at the address listed in the Class Notice and on the Settlement website, a written request for exclusion to the Settlement Administrator stating a request to “opt out” or to be “excluded” postmarked no later than , 2020 (“Opt Out Deadline”), which is no less than thirty (30) days prior to before the Final Fairness Hearing (the “Opt-Out Deadline”). In order to Approval Hearing. 11.1 To be effectivevalid, the request must includefor exclusion must: (a) identify the name of the Lawsuitcase name; (b) identify the full name and address of the member of the Settlement Class requesting exclusionMember; (c) be personally signed by the information that qualifies him or her for inclusion in Class Member requesting exclusion; and (d) state a desire to be excluded from the Settlement Class, including the name of the Hotel(s) at which the Settlement Class member booked and paid for a stay such as well as the dates the Settlement Class member stayed at said Hotel(s); (d) the following statement: “I hereby request that I be excluded from the proposed Settlement Class in the LawsuitXxxxxxx Class Action.Except for deceased or incapacitated Class Members for whom Legally Authorized Representatives may act with written evidence of authority, Class Members must request exclusion individually, and mass or class opt outs are prohibited. 11.2 A Class Member who desires to opt out must take timely affirmative written action pursuant to this Order and the Agreement, even if the Class Member desiring to opt out (a) files or has filed a substantially similar statement that unambiguously communicates a desire to be excluded from the Settlement; and (e) the personal signature separate action against any of the Released Persons, or (b) is or becomes a putative or actual class member in any other class action filed against any of the Settlement Released Persons. The Administrator shall provide Class requesting exclusion. Exclusion Counsel and Defendants’ Counsel a list of all timely requests must be made individually by for exclusion not less than ten (10) days before the member of the Settlement Class who is requesting exclusion; no generic or “mass” opt-outs shall be allowed. Members of the Settlement Class who exclude themselves from the Settlement will not be eligible to receive any benefits under the Settlement, will not be bound by any further orders or judgments entered for or against the Settlement Class related hereto, and will preserve their ability independently to pursue any claims they may have against DefendantsFinal Approval Hearing.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from the Settlement Class. Any member of the Settlement Class Member who wishes to be excluded from the Settlement (i.e.Classes must complete and send to the Administrator, “opt out”) must send at the address listed in the Class Notice and on the Settlement website, a written request for exclusion to the Settlement Administrator stating a request to “opt out” or to be “excluded” postmarked no later than thirty , 2022 (30) 30 days prior to before the Final Fairness Hearing Approval Hearing) (the Opt-Opt Out Deadline”). In order to . 10.1 To be effectivevalid, the request must includefor exclusion must: (a) identify the name of the Lawsuitcase name; (b) identify the full name and address of the member of the Settlement Class requesting exclusionMember; (c) be personally signed by the information that qualifies him or her for inclusion in the Settlement Class, including the name of the Hotel(s) at which the Settlement Class member booked Member requesting exclusion; and paid for a stay as well as the dates the Settlement Class member stayed at said Hotel(s); (d) state a desire to be excluded from the following statement: Settlement Classes, such as “I hereby request that I be excluded from the proposed Settlement Class.” Except for deceased or incapacitated Class in Members for whom Legally Authorized Representatives may act with written evidence of authority, Class Members must request exclusion individually, and mass or class opt outs are prohibited. 10.2 A Class Member who desires to opt out must take timely affirmative written action pursuant to this Order and the Lawsuit” Agreement, even if the Class Member desiring to opt out (a) files or has filed a substantially similar statement that unambiguously communicates a desire to be excluded from the Settlement; and (e) the personal signature separate action against any of the Released Persons, or (b) is or becomes a putative or actual class member in any other class action filed against any of the Settlement Released Persons. The Administrator shall provide Class requesting exclusion. Exclusion Counsel and Defendant’s Counsel a list of all timely requests must be made individually by for exclusion not less than ten (10) days before the member of the Settlement Class who is requesting exclusion; no generic or “mass” opt-outs shall be allowed. Members of the Settlement Class who exclude themselves from the Settlement will not be eligible to receive any benefits under the Settlement, will not be bound by any further orders or judgments entered for or against the Settlement Class related hereto, and will preserve their ability independently to pursue any claims they may have against DefendantsFinal Approval Hearing.

Appears in 1 contract

Samples: Settlement Agreement

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