O pt-Out Rights Sample Clauses

O pt-Out Rights. 1. Opt-Out Requirements A Settlement Class Member who wishes to opt-out of the Settlement Class must do so in writing. In order to opt-out, a Settlement Class Member must complete and send to the Administrator, at the address listed in the Class Notice, a Request for Exclusion that is postmarked no later than the Opt-Out Deadline, as specified in the Class Notice (or as the Court otherwise requires). The Request for Exclusion must: (a) identify the case name; (b) identify the name, address, and telephone number of the Settlement Class Member; (c) identify the cellular telephone number(s) where the person received a text message from Checkers relating to the litigation; (d) be personally signed by the Settlement Class Member requesting exclusion; and (e) contain a statement that indicates a desire to be excluded from the Settlement Class in the Litigation, such as “I hereby request that I be excluded from the proposed Settlement Class in Medgebow v. Checkers Drive-In Restaurants Inc., Case No. 9:19-cv-80090 (S.D. Fla.).” Any Settlement Class Member who does not opt-out of the Settlement in the manner described herein shall be deemed to be part of the Settlement Class, and shall be bound by all subsequent proceedings, orders, and judgments, including the Final Approval Order. Class or group requests for exclusion shall be prohibited. A Settlement Class Member who desires to opt-out must take timely affirmative written action pursuant to this Section (Section III(D)), even if the Settlement Class Member desiring to opt-out (a) files or has filed a separate action against any of the Checkers Releasees or Released Parties, or (b) is, or becomes, a putative class member in any other class action filed against any of the Checkers Releasees or Released Parties.
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