Common use of Objection Procedure Clause in Contracts

Objection Procedure. Each Class Member wishing to object to the Settlement shall file with the Claims Administrator a timely written notice of objection delivered or postmarked no later than sixty (60) days after the Notice Issuance Date, the exact calendar date to be specified in the Class Notice. The objection must state or contain the following information to be valid: (i) the name and cause number of the Consolidated Action; (ii) the Class Member’s name, address, and telephone number; (iii) the factual basis for the claim of qualifying for the status of class membership, including whether the objector is a current or former Resident of a property in the Class Area, and for what period of time during the Class Period, and including Proof of Residence or proof of ownership of Real Property within the Class Area; (iv) whether the Class Member plans to appear, either individually or through an attorney at the Fairness Hearing; (v) each specific objection or objections to the Settlement with the complete factual basis for each such objection, along with whatever legal authority, if any, the objector asserts regarding the objection, (vi) a statement advising if the Class Member has objected to other class action settlements, and if so, identifying each such settlement, the date of such objection and the basis for the objection; and (vii) their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval by the Court. No “mass” or “class” Objections shall be valid and each Class Member who wishes to object must file their own objection that satisfies the requirements of Section 3.4. The objection shall be filed with the Claims Administrator as follows: Black Dust Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rouge, Louisiana 70821 The Claims Administrator shall provide all valid and timely objections, if any, to Class Counsel and Counsel for Defendants within fifteen (15) days of the close of the Notice Period. Class Counsel will file the objections with the Court within twenty (20) days of the close of the Notice Period. Failure of the Objector to fully and completely comply with each of the above-stated requirements for the Objection or to properly and timely submit the objection may result in the Objection not being considered by the Court. The Claims Administrator shall collect and tabulate all objections and report to Class Counsel and Defendants’ Counsel at least weekly identifying each objecting person along with information identifying the location and zone of each such objector. The Special Master may, at his sole discretion, contact any individual who submits a written objection to further ascertain the rational for the objection and to answer any questions about this Agreement.

Objection Procedure. Each The Notice shall provide that any member of the Settlement Class Member wishing to object who objects to the Settlement shall file with must serve on the Claims Settlement Administrator a timely written statement objecting to the Settlement and a written notice of objection delivered intention to appear at the Final Approval hearing and object at that time. Such written statement or notice must be postmarked no later than sixty forty-five (6045) calendar days following the date of the Notice (and in the case of a re-mailed Notice, forty-five (45) days after from the Notice Issuance Dateoriginal distribution or fourteen (14) days from the date of re-mailing, the exact calendar date to whichever is greater). To be specified in the Class Notice. The valid, an objection must state or contain (1) clearly identify the following information to be valid: (i) the case name and cause number (Xxxxxxx v. Xxx Xxxxxx Tire Centers of the Consolidated Action; California, Inc., San Xxxxxxx County Superior Court, Case No. STK-CV-UOE-2018-476), (ii2) state the Class Member’s name, address, and telephone number; (iii) , and the factual basis for the claim last four digits of qualifying for the status of class membership, including whether the objector is a current or former Resident of a property in the Class AreaMember’s Social Security Number, and (3) concisely state the grounds for what period of time during the Class Periodobjection, and including Proof of Residence or proof of ownership of Real Property within the Class Area; (iv4) indicate whether the Class Member plans to appear, either individually or through an attorney at the Fairness Hearing; (v) each specific objection or objections to the Settlement with the complete factual basis for each such objection, along with whatever legal authorityis represented by counsel and, if anyso, the objector asserts regarding the objectionidentify such counsel, (vi5) a statement advising if indicate whether the Class Member has objected would like to other class action settlementsappear at the Final Approval Hearing, and if so, identifying each such settlement, (6) be signed by the date Class Member. Members of such the Settlement Class who fail to serve timely written objections and/or notice of intention to appear and who fail to object in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. If both an objection and the basis for the objection; and (vii) their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval by the Court. No “mass” or “class” Objections shall be valid and each Class Member who wishes to object must file their own objection that satisfies the requirements of Section 3.4. The objection shall be filed with the Claims Administrator as follows: Black Dust Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rouge, Louisiana 70821 The Claims Administrator shall provide all a valid and timely objectionsopt-out request is received from the same person, if any, to Class Counsel the opt-out request will be accepted and Counsel for Defendants within fifteen (15) days the objection will be rejected. Members of the close Class may elect to opt-out of the Notice PeriodSettlement, object to the entire settlement as set forth above, or accept all terms. In the event that a Settlement Class Counsel will file Member objects or opposes this proposed Settlement or attempts to intervene in or otherwise enter the objections with Xxxxxxx Litigation or the Court within twenty (20) days Xxxxxx Litigation, the Parties agree to use their best efforts to cooperate in defense of the close of the Notice Period. Failure of the Objector to fully and completely comply with each of the above-stated requirements for the Objection or to properly and timely submit the objection may result in the Objection not being considered by the Court. The Claims Administrator shall collect and tabulate all objections and report to Class Counsel and Defendants’ Counsel at least weekly identifying each objecting person along with information identifying the location and zone of each such objector. The Special Master may, at his sole discretion, contact any individual who submits a written objection to further ascertain the rational for the objection and to answer any questions about this Settlement Agreement.

Objection Procedure. Each 11.1 A Settlement Class Member wishing who wishes to object to the Settlement shall file must notify the Parties and the District Court of his or her objection, in writing, on or before the Objection Deadline. 11.2 To be considered, an objection must be in writing, include the objector’s full name and the case name and case number(s) of the Litigation; the objector’s current address, email, and phone number; the reasons why the objector objects to the Settlement along with any supporting legal authority; documentation demonstrating that the Claims Administrator objector has standing to object, such as legible copies of receipts demonstrating the objector is a timely written notice member of objection delivered or postmarked no later than sixty (60) days after the Notice Issuance DateSettlement Class as defined herein; and the objector’s signature. In addition, the exact calendar date to be specified objecting Settlement Class Member must identify any previously filed objections filed by the Settlement Class Member and his or her counsel in the Class Notice. The objection must any state or federal court. This listing must contain the following information to be valid: (i) the name and cause number of the Consolidated Actioncase; (ii) the Class Member’s name, address, and telephone case number; (iii) the factual basis for court in which the claim of qualifying for the status of class membership, including whether the objector is a current or former Resident of a property in the Class Area, objection was filed; and for what period of time during the Class Period, and including Proof of Residence or proof of ownership of Real Property within the Class Area; (iv) the outcome of the objection. The objection must also indicate whether or not the objector intends to appear at the hearing on the motion for final approval of the Settlement. 11.3 Any objection must be filed with the Court on or before the objection deadline, and a copy must be served on the Settlement Administrator, Settlement Class Counsel, and on Walmart’s Counsel. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member plans shall be entitled to appear, either appear at the Final Approval Hearing (whether individually or through an attorney the objector’s counsel) to object to the Settlement, or to object to certification of the Settlement Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Fairness Final Approval Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been filed with the Court and served upon Settlement Class Counsel and Walmart’s Counsel on or before the Objection Deadline. 11.4 Any Settlement Class Member who objects to the Settlement and wishes to appear and speak at the Final Approval Hearing must include in his or her written objection a statement expressing intention to appear and speak at the Final Approval Hearing, or send a “Notice of Intent to Appear” at the Final Approval Hearing to the Clerk of the Court and to Settlement Class Counsel and Walmart’s Counsel, postmarked on or before the Objection Deadline. The Notice of Intent to Appear must include the case name and case number of the lawsuit; (v) each specific objection the Settlement Class Member’s full name, address, email address, and phone number; a statement clearly indicating the intention to appear at the Final Approval Hearing and the reasons for seeking to appear; copies of any papers or information to be presented to the Court, if any; and the Settlement Class Member’s signature. 11.5 Settlement Class Members who do not file and serve timely written objections in accordance with the procedures set forth in this Agreement have waived any objections to the Settlement with and are forever foreclosed from making any objection (whether by appeal or otherwise) to the complete factual basis for each such objectionSettlement, along with whatever legal authorityor any aspect of the Settlement, if anyincluding, without limitation, the objector asserts regarding fairness, reasonableness, or adequacy of the objectionproposed Settlement, (vi) a statement advising if or any award of attorneys’ fees or reimbursement of costs and expenses. The Parties will request that the Class Member has objected to other class action settlements, and if so, identifying each such settlementCourt order that Settlement 11.6 In the event the Parties determine that an objection is frivolous or otherwise without merit, the date of such objection and the basis for the objection; and (vii) their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval by Parties shall request that the Court. No “mass” or “class” Objections shall be valid and each Class Member who wishes to object must file their own objection that satisfies the requirements of Section 3.4. The objection shall be filed with the Claims Administrator as follows: Black Dust Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rouge, Louisiana 70821 The Claims Administrator shall provide all valid and timely objections, if any, to Class Counsel and Counsel for Defendants within fifteen (15) days of the close of the Notice Period. Class Counsel will file the objections with the Court within twenty (20) days of the close of the Notice Period. Failure of the Objector to fully and completely comply with each of the above-stated requirements for the Objection or to properly and timely submit the objection may result in the Objection not being considered by the Court. The Claims Administrator shall collect and tabulate all objections and report to Class Counsel and Defendants’ Counsel at least weekly identifying each objecting person along with information identifying the location and zone of each such objector. The Special Master may, at his sole its discretion, contact any individual who submits a written objection to further ascertain the rational for overrule the objection and award appropriate costs and fees to answer any questions about this Agreementthe Parties in opposing such objection(s).

Objection Procedure. Each FILED DATE: 6/1/2022 7:16 PM 2019CH12804 10.1. Settlement Class Member wishing Members shall have the right to object to the Settlement, if they wish to do so. 10.2. To be considered, an objection must be in writing, include the objector’s full name and the case name and case number(s) of the Litigation; the objector’s current address, email, and phone number; the reasons why the objector objects to the Settlement shall file along with any supporting legal authority; and the Claims Administrator a timely written notice of objection delivered or postmarked no later than sixty (60) days after the Notice Issuance Dateobjector’s signature. In addition, the exact calendar date to be specified objecting Settlement Class Member must identify any previously-filed objections they or their counsel have filed in any state or federal court class action in the Class Noticelast five (5) years. The objection This listing must state or contain the following information to be valid: (i) the name and cause number of the Consolidated Actioncase; (ii) the Class Member’s name, address, and telephone case number; (iii) the factual basis for court in which the claim of qualifying for the status of class membership, including whether the objector is a current or former Resident of a property in the Class Area, objection was filed; and for what period of time during the Class Period, and including Proof of Residence or proof of ownership of Real Property within the Class Area; (iv) the outcome of the objection. The objection must also indicate whether or not the Class Member plans objector intends to appear, either individually or through an attorney appear at the Fairness Hearing; (v) each specific objection or objections to the Settlement with the complete factual basis for each such objection, along with whatever legal authority, if any, the objector asserts regarding the objection, (vi) a statement advising if the Class Member has objected to other class action settlements, and if so, identifying each such settlement, the date of such objection and the basis for the objection; and (vii) their Personal Signature final fairness hearing on the form under penalty motion for final approval of perjury in the presence of at least one adult witness subject to approval by the CourtSettlement. 10.3. No “mass” or “class” Objections shall be valid and each A Settlement Class Member who wishes to object to the Settlement must file their own objection that satisfies notify the requirements Parties and the Court of Section 3.4his or her objection, in writing, on or before the Opt-Out & Objection Deadline. The objection shall Additionally, any objection(s) must be filed with the Claims Court on or before the Opt-Out & Objection Deadline, and copies must be served on the Settlement Administrator as followsand the Parties’ Counsel. 10.4. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to appear at the final approval hearing (whether individually or through the objector’s counsel) or to object to the Settlement unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been filed with the Court and served upon the Parties’ Counsel on or before the Opt-Out & Objection Deadline. 10.5. Any Settlement Class Member who objects to the Settlement and wishes to appear and speak at the final approval hearing must include in his or her written objection a statement expressing intention to appear and speak at the final approval hearing, or send a “Notice of Intent to Appear” at the final approval hearing to the Clerk of the Court and to the Parties’ Counsel, postmarked on or before the Opt-Out & Objection Deadline. The Notice of Intent to Appear must include: Black Dust the case name and case number of the lawsuit; the Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton RougeClass Member’s full name, Louisiana 70821 The Claims Administrator shall provide all valid address, email address, and timely objectionsphone number; a statement clearly indicating the intention to appear at the final approval hearing and the reasons for seeking to appear; copies of any papers or information to be presented to the Court, if any; and the Settlement Class Member’s signature. 10.6. Settlement Class Members who do not file and serve timely written objections in accordance with the procedures set forth in this Agreement have waived any objections to the Settlement and are forever foreclosed from making any objection (whether by appeal or otherwise) to the Settlement, to Class Counsel and Counsel for Defendants within fifteen (15) days or any aspect of the close Settlement, including, without limitation, the fairness, reasonableness, or adequacy of the Notice Periodproposed Settlement, or any award of attorneys’ fees or reimbursement of costs and expenses. Class Counsel The Parties will file the objections with request that the Court within twenty (20) days order that Settlement Class Members who fail to file and serve written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the close of the Notice Period. Failure of the Objector to fully and completely comply with each of the above-stated requirements for the Objection Settlement Class or to properly the Settlement Agreement. 10.7. Settlement Class Members cannot both object to and timely submit exclude themselves from the Settlement. Any Settlement Class Member who attempts to both object to and exclude themselves from this Settlement will be deemed to have excluded themselves and will forfeit the right to object to this Settlement Agreement or any of its terms. 10.8. In the event the Parties determine that an objection may result in is frivolous or otherwise without merit, the Objection not being considered by Parties shall request that the Court. The Claims Administrator shall collect and tabulate all objections and report to Class Counsel and Defendants’ Counsel at least weekly identifying each objecting person along with information identifying the location and zone of each such objector. The Special Master may, at his sole within its discretion, contact any individual who submits a written objection to further ascertain the rational for overrule the objection and award appropriate costs and fees to answer any questions about this Agreementthe Parties in opposing such objection(s).

Objection Procedure. Each 10.1. Settlement Class Member wishing Members shall have the right to object to the Settlement, if they wish to do so. The Parties agree that they will not solicit or otherwise encourage, directly or indirectly, any Settlement shall file Class Member to object to this Settlement. 10.2. To be considered, an objection must be in writing, include the objector’s full name and the case name and case number(s) of the Litigation; the objector’s current address, email, and phone number; the reasons why the objector objects to the Settlement along with any supporting legal authority; and the Claims Administrator a timely written notice of objection delivered or postmarked no later than sixty (60) days after the Notice Issuance Dateobjector’s signature. In addition, the exact calendar date to be specified objecting Settlement Class Member must identify any previously-filed objections they or their counsel have filed in any state or federal court class action in the Class Noticelast five (5) years. The objection This listing must state or contain the following information to be valid: (i) the name and cause number of the Consolidated Actioncase; (ii) the Class Member’s name, address, and telephone case number; (iii) the factual basis for court in which the claim of qualifying for the status of class membership, including whether the objector is a current or former Resident of a property in the Class Area, objection was filed; and for what period of time during the Class Period, and including Proof of Residence or proof of ownership of Real Property within the Class Area; (iv) the outcome of the objection. The objection must also indicate whether or not the Class Member plans objector intends to appear, either individually or through an attorney appear at the Fairness Hearing; (v) each specific objection or objections to the Settlement with the complete factual basis for each such objection, along with whatever legal authority, if any, the objector asserts regarding the objection, (vi) a statement advising if the Class Member has objected to other class action settlements, and if so, identifying each such settlement, the date of such objection and the basis for the objection; and (vii) their Personal Signature final fairness hearing on the form under penalty motion for final approval of perjury in the presence of at least one adult witness subject to approval by the CourtSettlement. 10.3. No “mass” or “class” Objections shall be valid and each A Settlement Class Member who wishes to object to the Settlement must file their own objection that satisfies notify the requirements Parties and the Court of Section 3.4his or her objection, in writing, on or before the Opt-Out & Objection Deadline. The objection shall Additionally, any objection(s) must be filed with the Claims Court on or before the Opt-Out & Objection Deadline, and copies must be served on the Settlement Administrator as followsand the Parties’ Counsel. 10.4. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to appear at the final approval hearing (whether individually or through an attorney obtained at their own expense) or to object to the Settlement unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been filed with the Court and served upon the Parties’ Counsel on or before the Opt-Out & Objection Deadline. 10.5. Any Settlement Class Member who objects to the Settlement and wishes to appear and speak at the final approval hearing must include in his or her written objection a statement expressing intention to appear and speak at the final approval hearing, or send a “Notice of Intent to Appear” at the final approval hearing to the Clerk of the Court and to the Parties’ Counsel, postmarked on or before the Opt-Out & Objection Deadline. The Notice of Intent to Appear must include: Black Dust the case name and case number of the lawsuit; the Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton RougeClass Member’s full name, Louisiana 70821 The Claims Administrator shall provide all valid address, email address, and timely objectionsphone number; a statement clearly indicating the intention to appear at the final approval hearing and the reasons for seeking to appear; copies of any papers or information to be presented to the Court, if any; and the Settlement Class Member’s signature. 10.6. Settlement Class Members who do not file and serve timely written objections in accordance with the procedures set forth in this Agreement have waived any objections to the Settlement and are forever foreclosed from making any objection (whether by appeal or otherwise) to the Settlement, to Class Counsel and Counsel for Defendants within fifteen (15) days or any aspect of the close Settlement, including, without limitation, the fairness, reasonableness, or adequacy of the Notice Periodproposed Settlement, or any award of attorneys’ fees or reimbursement of costs and expenses. Class Counsel The Parties will file the objections with request that the Court within twenty (20) days order that Settlement Class Members who fail to file and serve written objections in accordance with this Section shall be deemed to have waived any objections and shall be foreclosed from making any objection to the certification of the close of the Notice Period. Failure of the Objector to fully and completely comply with each of the above-stated requirements for the Objection Settlement Class or to properly the Settlement Agreement. 10.7. Settlement Class Members cannot both object to and timely submit exclude themselves from the Settlement. Any Settlement Class Member who attempts to both object to and exclude themselves from this Settlement will be deemed to have excluded themselves and will forfeit the right to object to this Settlement Agreement or any of its terms. 10.8. In the event the Parties determine that an objection may result in is frivolous or otherwise without merit, the Objection not being considered by Parties shall request that the Court. The Claims Administrator shall collect and tabulate all objections and report to Class Counsel and Defendants’ Counsel at least weekly identifying each objecting person along with information identifying the location and zone of each such objector. The Special Master may, at his sole within its discretion, contact any individual who submits a written objection to further ascertain the rational for overrule the objection and award appropriate costs and fees to answer any questions about this Agreementthe Parties in opposing such objection(s).