Common use of Exclusions and Objections Clause in Contracts

Exclusions and Objections. The Class Notice shall advise prospective Settlement Class Members of their rights to forego the benefits of this settlement and pursue an individual claim; to object to this settlement individually or through counsel; and to appear at the final approval hearing. (a) If any Settlement Class Member wishes to be excluded from (in other words, opt out of) this settlement and Litigation, the Settlement Class Member may do so by downloading and submitting to the Claim Administrator a completed Opt-Out Form. Requests to exclude must be postmarked by the Exclusion Deadline or shall not be valid. Settlement Class Members who elect to exclude themselves from this settlement and Litigation shall not be permitted to object to this settlement or to intervene. Settlement Class Members shall be encouraged, but not required, to provide their email addresses in their requests for exclusion. (b) If any Settlement Class Member wishes to object to the settlement, the Settlement Class Member must electronically file via the Court’s ECF system, or deliver to the Clerk of the Court by mail, express mail, or personal delivery, a written objection. To be timely, the objection must be received by the Clerk of the Court (not just postmarked or sent) prior the Objection Deadline. An objection must contain (a) a caption or title clearly identifying the action, and that the document is an objection, (b) information sufficient to identify and contact the objecting Class Member or his or her attorney, and (c) a clear and concise statement of the Class Member’s objection, as well as any facts and law supporting the objection. Failure to include documents or testimony sufficient to establish membership in the Settlement Class shall be grounds for overruling and/or striking the objection on grounds that the objector lacks standing to make the objection. Failure to include any of the foregoing information or documentation set forth in this paragraph also shall be grounds for overruling an objection. (c) If any objection is received by the Claim Administrator, the Claim Administrator shall forward the objection and all supporting documentation to counsel for the Parties. At least fourteen (14) days prior to the hearing on Final Approval, Class Counsel shall file all such objections and supporting documentation with the Court. The failure of the Settlement Class Member to comply with the filing requirements of Paragraph 7.4(b) shall be grounds for striking and/or overruling the objection, even if the objection is submitted to the Claim Administrator. (d) At least fourteen (14) days prior to the hearing on Final Approval, the Claim Administrator shall prepare a list of the names of the persons who, pursuant to the Long Form Notice, have excluded themselves from the Settlement Class in a valid and timely manner, and provide that list to Costco (the “Opt Out Members”). (e) If a Settlement Class Member submits both a Claim Form and an exclusion request, the Claim Form shall take precedence and be considered valid and binding, and the exclusion request shall be deemed to have been sent by mistake and rejected. (f) A Settlement Class Member who objects to the settlement may also submit a Claim Form on or before the Claim Filing Deadline, which shall be processed in the same way as all other Claim Forms. A Settlement Class Member shall not be entitled to an extension to the Claim Filing Deadline merely because the Settlement Class Member has also submitted an objection.

Exclusions and Objections. The Class Notice shall advise prospective Settlement Class Members of their rights to forego the benefits of this settlement and pursue an individual claim; to object to this settlement individually or through counsel; and to appear at the final approval hearing. (a) If any Settlement Class Member wishes who seek to be excluded from the Settlement Class must notify the Settlement Administrator in writing, postmarked no later than seventy-five (in other words, opt out of75) this settlement and Litigation, days after the Notice Date. Any Settlement Class Member may do so by downloading and submitting to submit a Request for Exclusion from the Claim Administrator a completed Settlement at any time during the Opt-Out FormPeriod. Requests to exclude To be valid, the Request for Exclusion must be (i) submitted electronically on the Settlement Website, or (ii) postmarked or received by the Exclusion Deadline Settlement Administrator on or shall not be validbefore the end of the Opt-Out Period. Settlement Class Members who elect to exclude themselves from this settlement and Litigation shall not be permitted to object to this settlement or to intervene. Settlement Class Members shall be encouraged, but not required, to provide their email addresses in their requests for exclusion. (b) If any In the event a Settlement Class Member wishes to object submits a Request for Exclusion to the settlementSettlement Administrator via U.S. Mail, the Settlement Class Member must electronically file via the Court’s ECF system, or deliver to the Clerk of the Court by mail, express mail, or personal delivery, a written objection. To be timely, the objection such Request for Exclusion must be received by in writing and must identify the Clerk of case name In re Forefront Data Breach Litigation, No. 1:21-cv-00887-LA (E.D. Wis.); state the Court (not just postmarked or sent) prior the Objection Deadline. An objection must contain (a) a caption or title clearly identifying the actionname, address, and that the document is an objection, (b) information sufficient to identify and contact the objecting Class Member or his or her attorney, and (c) a clear and concise statement of the Class Member’s objection, as well as any facts and law supporting the objection. Failure to include documents or testimony sufficient to establish membership in the Settlement Class shall be grounds for overruling and/or striking the objection on grounds that the objector lacks standing to make the objection. Failure to include any of the foregoing information or documentation set forth in this paragraph also shall be grounds for overruling an objection. (c) If any objection is received by the Claim Administrator, the Claim Administrator shall forward the objection and all supporting documentation to counsel for the Parties. At least fourteen (14) days prior to the hearing on Final Approval, Class Counsel shall file all such objections and supporting documentation with the Court. The failure telephone number of the Settlement Class Member to comply with seeking exclusion; be physically signed by the filing requirements of Paragraph 7.4(bperson(s) shall be grounds for striking and/or overruling the objection, even if the objection is submitted seeking exclusion; and must also contain a statement to the Claim Administratoreffect that “I hereby request to be excluded from the proposed Settlement Class in In re Forefront Data Breach Litigation, No. 1:21-cv-00887-LA (E.D. Wis.). (d) At least fourteen (14) days prior ” Any person who elects to the hearing on Final Approval, the Claim Administrator shall prepare a list of the names of the persons who, pursuant to the Long Form Notice, have excluded themselves request exclusion from the Settlement Class in a valid and timely manner, and provide that list to Costco shall not: (the “Opt Out Members”). (ei) If a Settlement Class Member submits both a Claim Form and an exclusion request, the Claim Form shall take precedence and be considered valid and binding, and the exclusion request shall be deemed to have been sent bound by mistake and rejected. (f) A Settlement Class Member who objects to the settlement may also submit a Claim Form on any orders or before the Claim Filing Deadline, which shall be processed Judgment entered in the same way as all other Claim Forms. A Settlement Class Member shall not Action, (ii) be entitled to relief under the Settlement Agreement, (iii) gain any rights by virtue of the Settlement Agreement, or (iv) be entitled to object to any aspect of the Settlement Agreement. Requests for Exclusion may only be done on an extension individual basis, and no person may request to the Claim Filing Deadline merely because be excluded from the Settlement Class Member has also submitted an objectionthrough “mass” or “class” opt-outs.

Exclusions and Objections. The Class Notice shall advise prospective all Settlement Class Members of their rights right: (a) to forego be excluded from the benefits of this settlement Settlement; and pursue an individual claim; (b) to object to this settlement individually or through counsel; and to appear at the final approval hearing. (a) Settlement. If any Settlement Class Member wishes to be excluded from the Settlement, he or she must mail a valid Request for Exclusion, as described in the Class Notice, by the Opt-Out Date, that is, within forty-five (in other words, opt out of45) this settlement and Litigation, calendar days after the Notice Date. Any Settlement Class Member may do so by downloading and submitting who timely elects to opt out of the Claim Administrator a completed Opt-Out Form. Requests to exclude must be postmarked by the Exclusion Deadline or shall not be valid. Settlement Class Members who elect to exclude themselves from this settlement and Litigation shall not be permitted to object to this settlement or to intervenethe Settlement. Persons falling within the definition of the Settlement Class Members who validly and timely request exclusion from the Settlement effected by this Settlement Agreement, pursuant to the procedures set forth in this paragraph 5.3, shall not be encouragedSettlement Class Members, but shall not requiredbe bound by this Settlement Agreement, and shall not be eligible to make a claim for any benefit under the terms of this Settlement Agreement. At least seven (7) calendar days prior to the Fairness Hearing, the Settlement Administrator shall prepare a report identifying the persons who have excluded themselves in a valid and timely manner from the Settlement Class (the “Opt-Outs”), and provide their email addresses in their requests for exclusion. (b) such report to Plaintiff’s Counsel, Defendant’s Counsel, and the Court. If any Settlement Class Member wishes to object to the settlementSettlement and/or to be heard, he or she will have forty-five (45) calendar days from the Notice Date to file with the Court a written Objection. Such written notice shall include: (i) the name, address, and telephone number of the Settlement Class Member must electronically file via the Court’s ECF system, or deliver to the Clerk of the Court by mail, express mail, or personal delivery, a written objection. To be timely, the objection must be received by the Clerk of the Court Member; (not just postmarked or sent) prior the Objection Deadline. An objection must contain (a) a caption or title clearly identifying the action, and that the document is an objection, (bii) information sufficient to identify the case and contact the objecting Class Member or his or her attorney, and (c) a clear and concise statement of the Class Member’s objection, as well as any facts and law supporting the objection. Failure to include documents or testimony sufficient to establish demonstrate membership in the Settlement Class shall be Class; (iii) the specific grounds for overruling and/or striking each objection asserted, with any legal support, papers, briefs, or evidence the objection on grounds that person wishes to bring to the objector lacks standing Court’s attention; and (iv) a statement indicating whether the Settlement Class Member intends to make appear at the objection. Failure hearing to include any consider final approval of the foregoing information Settlement, either in person or documentation set forth in this paragraph also shall through counsel. The written Objection must be grounds for overruling an objection. (c) If any objection is received personally signed by the Claim Administrator, Settlement Class Member and must be mailed to Plaintiff’s Counsel and Defendant’s Counsel at the Claim Administrator shall forward the objection and all supporting documentation to counsel for the Parties. At least fourteen (14) days prior to the hearing on Final Approval, Class Counsel shall file all such objections and supporting documentation same time it is filed with the Court. The failure of the Settlement Class Member to comply with the filing requirements of Paragraph 7.4(b) shall be grounds for striking and/or overruling the objection, even if the objection is submitted to the Claim Administrator. (d) At least fourteen (14) days prior to the hearing on Final Approval, the Claim Administrator shall prepare a list of the names of the persons who, pursuant to the Long Form Notice, have excluded themselves from the Settlement Class in a valid and timely manner, and provide that list to Costco (the “Opt Out Members”). (e) If a Settlement Class Member submits both a Claim Form and objecting to the Settlement retains an exclusion requestattorney to represent him or her for the purposes of making an objection, the Claim Form shall take precedence and be considered valid and binding, and attorney must formally enter his or her appearance in the exclusion request shall be deemed to have been sent by mistake and rejected. case within fifty-two (f52) A calendar days after the Notice Date. Any Settlement Class Member who objects wishing to appear at the settlement may also submit hearing to consider final approval of the Settlement, either in person or through counsel, must file a Claim Form on or before notice of intention to appear with the Claim Filing Deadline, which shall be processed Court as described in the Class Notice, and serve the notice upon Plaintiff’s Counsel and Defendant’s Counsel at the same way as all other Claim Forms. A Settlement Class Member shall not be entitled to an extension to time it is filed with the Claim Filing Deadline merely because the Settlement Class Member has also submitted an objectionCourt.

Exclusions and Objections. The Class Notice shall advise prospective all Settlement Class Members of their rights right: (a) to forego be excluded from the benefits of this settlement Settlement; and pursue an individual claim; (b) to object to this settlement individually or through counsel; and to appear at the final approval hearing. (a) Settlement. If any Settlement Class Member wishes to be excluded from the Settlement, he or she must mail a valid Request for Exclusion, as described in the Class Notice, by the Opt-Out Date, that is, at least thirty (in other words, opt out of30) this settlement and Litigation, calendar days after the Notice Date. Any Settlement Class Member may do so by downloading and submitting who timely elects to opt out of the Claim Administrator a completed Opt-Out Form. Requests to exclude must be postmarked by the Exclusion Deadline or shall not be valid. Settlement Class Members who elect to exclude themselves from this settlement and Litigation shall not be permitted to object to this settlement or to intervenethe Settlement. Persons falling within the definition of the Settlement Class Members who validly and timely request exclusion from the Settlement effected by this Settlement Agreement, pursuant to the procedures set forth in this paragraph 5.3, shall not be encouragedSettlement Class Members, but and shall not requiredbe bound by this Settlement Agreement. At least seven (7) calendar days prior to the Fairness Hearing, the Settlement Administrator shall prepare a report identifying the persons who have excluded themselves in a valid and timely manner from the Settlement Class (the “Opt-Outs”), and provide such report to provide their email addresses in their requests for exclusion. (b) Plaintiff’s Counsel, Defendant’s Counsel, and the Court. If any Settlement Class Member wishes to object to the settlementSettlement and/or to be heard, he or she will have at least thirty (30) calendar days after the end of the Notice Period to file with the Court a written Objection. Such written Objection shall include: (i) the name, address, and telephone number of the Settlement Class Member must electronically file via the Court’s ECF system, or deliver to the Clerk of the Court by mail, express mail, or personal delivery, a written objection. To be timely, the objection must be received by the Clerk of the Court Member; (not just postmarked or sent) prior the Objection Deadline. An objection must contain (a) a caption or title clearly identifying the action, and that the document is an objection, (bii) information sufficient to identify the case and contact the objecting Class Member or his or her attorney, and (c) a clear and concise statement of the Class Member’s objection, as well as any facts and law supporting the objection. Failure to include documents or testimony sufficient to establish demonstrate membership in the Settlement Class shall be by means of a statement sworn under the penalty of perjury; (iii) the specific grounds for overruling and/or striking each objection asserted, with any legal support, papers, briefs, or evidence the objection on grounds that person wishes to bring to the objector lacks standing Court’s attention; and (iv) a statement indicating whether the Settlement Class Member intends to make appear at the objection. Failure Fairness Hearing to include any consider Final Approval of the foregoing information Settlement, either in person or documentation set forth in this paragraph also shall through counsel. The written Objection must be grounds for overruling an objection. (c) If any objection is received personally signed by the Claim Administrator, Settlement Class Member and must be mailed to Plaintiff’s Counsel and Defendant’s Counsel at the Claim Administrator shall forward the objection and all supporting documentation to counsel for the Parties. At least fourteen (14) days prior to the hearing on Final Approval, Class Counsel shall file all such objections and supporting documentation same time it is filed with the Court. The failure of the Settlement Class Member to comply with the filing requirements of Paragraph 7.4(b) shall be grounds for striking and/or overruling the objection, even if the objection is submitted to the Claim Administrator. (d) At least fourteen (14) days prior to the hearing on Final Approval, the Claim Administrator shall prepare a list of the names of the persons who, pursuant to the Long Form Notice, have excluded themselves from the Settlement Class in a valid and timely manner, and provide that list to Costco (the “Opt Out Members”). (e) If a Settlement Class Member submits both a Claim Form and objecting to the Settlement retains an exclusion requestattorney to represent him or her for the purposes of making an Objection, the Claim Form shall take precedence and be considered valid and binding, and attorney must formally enter his or her appearance in the exclusion request shall be deemed to have been sent by mistake and rejected. case within thirty-seven (f39) A calendar days after the Notice Date. Any Settlement Class Member who objects wishing to appear at the settlement may also submit Fairness Hearing to consider Final Approval of the Settlement, either in person or through counsel, must file a Claim Form on or before notice of intention to appear with the Claim Filing Deadline, which shall be processed Court as described in the Class Notice, and serve the notice upon Plaintiff’s Counsel and Defendant’s Counsel at the same way as all other Claim Forms. A Settlement Class Member shall not be entitled to an extension to time it is filed with the Claim Filing Deadline merely because the Settlement Class Member has also submitted an objectionCourt.

Exclusions and Objections. The Class Notice shall advise prospective As soon as practicable but no later than twenty-one (21) days from the date of this Order, the Settlement Administrator will send the notice to each Settlement Class Member identified on the Class List pursuant to the terms of the Settlement Agreement. No later than sixty-five (65) days after the mailing of the Notices to the Class Members in this Litigation, Class Counsel shall file the Settlement Administrator Declaration regarding proof of implementation of the notice procedures set forth in the Settlement Agreement and exhibits thereto and listing all valid opt-outs received. A. Any Class Member who desires to be excluded from the Settlement Class must send a written request for exclusion to the Settlement Administrator with a postmark date no later than sixty (60) days from the distribution of Notice. Any Settlement Class Member who submits a valid and timely request for exclusion shall not be bound by the terms of the Settlement Agreement as to the Settlement Class. To be valid, the Settlement Class Member’s opt-out request must be made by the Opt-Out Deadline, and contain their rights full name, original signature, current postal address, current telephone number, and a statement that the Settlement Class Member wants to forego be excluded from the benefits Settlement Class. An opt-out request must not purport to opt out of the Class for more than one consumer, i.e., purported opt- outs for a group, aggregate, or class are invalid. Requests for exclusions that do not substantially comply with the requirements described herein are invalid. A Settlement Class Member who does not file a timely and valid request for exclusion shall be bound by all subsequent proceedings, orders, and judgments in this settlement and pursue an individual claim; to action. B. Any Settlement Class Member who does not opt out may object to this the settlement individually or by sending the objection to the Settlement Administrator, postmarked no later than sixty (60) days from the distribution of Notice. C. Any objection must include all of the following: i. The indication the objection is related to Xxxxxx & Xxxx v. Universal Credit Services; ii. The objecting Settlement Class Member’s full name, mailing address, telephone number; and iii. A written statement detailing the specific basis for each objection, as well as supporting documentation, if any, signed by the Settlement Class Member. D. An objection submitted through counsel; and an attorney must also contain: i. The identity, mailing address, email address, fax number, phone number for the counsel by whom the Settlement Class Member is represented; ii. A statement of whether the objecting Settlement Class Member intends to appear at the final approval hearing.Final Fairness Hearing; and (a) If iii. A written statement detailing the specific basis for each objection, including any legal and factual support that the objecting Settlement Class Member wishes to be excluded from (in other words, opt out of) this settlement and Litigation, the Settlement Class Member may do so by downloading and submitting bring to the Claim Administrator a completed Opt-Out Form. Requests to exclude must be postmarked by Court’s attention and any evidence the Exclusion Deadline or shall not be valid. Settlement Class Members who elect to exclude themselves from this settlement and Litigation shall not be permitted to object to this settlement or to intervene. Settlement Class Members shall be encouraged, but not required, to provide their email addresses in their requests for exclusion. (b) If any objecting Settlement Class Member wishes to introduce in support of the objection. E. Either party may respond to an objection. F. Any objector to the settlement who does not properly and timely object in the manner set forth above will not be allowed to appear at the Final Approval Hearing and will not be allowed to object to or appeal the final approval of the proposed settlement, the dismissal of the case, any award of attorneys’ fees and expenses to Class Counsel, or any service award to the Named Plaintiffs. G. Settlement Class Members who submit exclusions may not object to the settlement, the Settlement Class Member must electronically file via the Court’s ECF system, or deliver to the Clerk of the Court by mail, express mail, or personal delivery, a written objection. To be timely, the objection must be received by the Clerk of the Court (not just postmarked or sent) prior the Objection Deadline. An objection must contain (a) a caption or title clearly identifying the action, and that the document is an objection, (b) information sufficient to identify and contact the objecting Class Member or his or her attorney, and (c) a clear and concise statement of the Class Member’s objection, as well as any facts and law supporting the objection. Failure to include documents or testimony sufficient to establish membership in the Settlement Class shall be grounds for overruling and/or striking the objection on grounds that the objector lacks standing to make the objection. Failure to include any of the foregoing information or documentation set forth in this paragraph also shall be grounds for overruling an objection. (c) If any objection is received by the Claim Administrator, the Claim Administrator shall forward the objection and all supporting documentation to counsel for the Parties. At least fourteen (14) days prior to the hearing on Final Approval, Class Counsel shall file all such objections and supporting documentation with the Court. The failure of the Settlement Class Member to comply with the filing requirements of Paragraph 7.4(b) shall be grounds for striking and/or overruling the objection, even if the objection is submitted to the Claim Administrator. (d) At least fourteen (14) days prior to the hearing on Final Approval, the Claim Administrator shall prepare a list of the names of the persons who, pursuant to the Long Form Notice, have excluded themselves from the Settlement Class in a valid and timely manner, and provide that list to Costco (the “Opt Out Members”). (e) If a Settlement Class Member submits both a Claim Form and an exclusion request, the Claim Form shall take precedence and be considered valid and binding, and the exclusion request shall be deemed to have been sent by mistake and rejected. (f) A Settlement Class Member who objects to the settlement may also submit a Claim Form on or before the Claim Filing Deadline, which shall be processed in the same way as all other Claim Forms. A Settlement Class Member shall not be entitled to an extension to the Claim Filing Deadline merely because the Settlement Class Member has also submitted an objection.