Common use of Objection Procedures Clause in Contracts

Objection Procedures. 5.1. Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of all counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing system. 5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the objector’s full name or caption of this Litigationand address; (ii) the objector’s full name, address, telephone number, case name and e-mail address (if any)Case ID 230401942; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objectorobjector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; and (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and or the signature of the objector’s duly duly-authorized attorney or other duly authorized representative (along if any) representing him or her in connection with documentation setting forth such representation)the objection. To be timely, written notice of an objection in the appropriate form must be filed mailed, with a postmark date no later than the Objection Date, to Xxxxxxx X. Xxxxxxxx of Xxxxxx Spirt Xxxxxxxx, P.C.; Xxxxxx X. Xxxx of The Lyon Firm; and Xxxxxxx X. Xxxxxxxx of Xxxxx Xxxxxx & Xxxxxx, as Class Counsel; and Xxxxxx X. XxXxxxxx and Xxxxxxx Xxxxxxxxx of Xxxxx & Xxxxxxxxx LLP, as counsel for Defendant. The objector or his or her counsel shall also file any Objection with the Court through the Court’s ECF system or by submitting them to the Clerk of the Court Court. In addition, for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant all objections mailed to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via Defendant, Class Counsel will submit them to the Court’s electronic filing systemCourt with the Motion for Final Approval of the Settlement. 5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1this Settlement Agreement. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Pennsylvania Rules of Appellate Procedure and not through a collateral attack.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objection Procedures. 5.1. Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing the objector; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety forty-five (9045) days from the date on which the Notice Program commences pursuant to ¶ 3.2 after notice is provided, and served concurrently therewith upon Proposed Settlement Class Counsel Counsel, Xxxxxxx X. Xxxxxxxx, Xxxxxx Spirt Xxxxxxxx PC, 0000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000; and counsel for PTHC via the Court’s electronic filing systemSEIU 32BJ, Xxxxxxx Xxxxxxx, Xxxxx Xxxxxx Xxxxxxxx, LLP, 000 X. Xxxxxxxx Street, Suite 2400, Los Angeles, CA 90017. 5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive waives and forfeit forfeits any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal New Jersey Rules of Appellate Procedure and not through a collateral attack. 5.3. Any Settlement Class Member who both objects to the Settlement and opts out will be deemed to have opted out and the objection shall be deemed null and void.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. A. Each Settlement Class Member desiring to object to the Settlement Agreement settlement shall submit a timely written notice of his or her objection. To object, the Settlement Class Member must send a letter to the Court explaining his or her objection by to the Objection Dateproposed Settlement. Such notice shall state: The objection letter must include: (i) the name or caption of this Litigation; (ii1) the objector’s full name, address, telephone number, and e-mail address (if any)address; (iii2) documents or information required on the Claim Form and identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv3) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicableobjection; and (v4) the identity a list of all counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel persons who will appear be called to testify at the Final Fairness HearingHearing in support of the objection; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii5) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). B. In the event that a Settlement Class Member objects through an attorney hired at his, her, or its own expense, the attorney will have to file a notice of appearance with the Court by the Objection Deadline and serve a copy of the notice and the objection containing the information detailed above on Class Counsel and Defendant’s Counsel by the Objection Deadline. C. Any Settlement Class Member who fails to file and serve timely a written objection containing all of the information listed in the items listed above in the previous paragraph, including notice of his/her intent to appear at the final approval hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal. To be timely, written Written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern Western District of New York no later than ninety (90) days from Missouri, at the date on which Xxxxxxx Xxxxx Xxxxxxxxx Courthouse, 000 Xxxx 0xx Xxxxxx, Xxxxxx Xxxx, XX 00000, by the Notice Program commences pursuant to ¶ 3.2 Objection Deadline, and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing system. 5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms each of the Settlement Agreement following: (1) Xxx X. Dollar ATTN: EOTech HWS Settlement, Dollar Xxxxx & Xxxxxx X.X., 0000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxx Xxxx, XX 00000; and by all proceedings(2) Xxxxxxx X. Xxxxxxx, orders P.C. and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoingX. Xxxxxx Xxxxxx, any challenge to the Settlement AgreementP.C. ATTN: EOTech HWS Settlement, the final order approving this Settlement AgreementXxxxxxxx & Xxxxx LLP, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack000 X. XxXxxxx, Chicago, IL 60654.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection DateDate or may orally object at the Final Approval Hearing. Such written notice shall state: : (i) the name or caption of this Litigation; (ii) the objector’s objector’s full name, address, telephone number, and e-mail email address (if any); (ii) the case name and xxxxxx xxmber, Franchi, et al. v. Barlow Respiratory Hospital, Los Angeles Supeior Court Case No. 22STCV09016 (Lead), consolidated with Los Angeles Superior Court Case No. 22STCV17107; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of original notice of the Data Incident or a statement explaining why the objector believes he or she is a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of all counsel representing the objectorobjector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will personally appear at the Final Fairness Approval Hearing; and (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s objector’s signature and or the signature of the objector’s objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation)representative. Notwithstanding the foregoing, any Settlement Class Member who timely submits a written notice of objection or attends the Final Approval Hearing may so state their objection at that time, subject to the Court’s approval. To be timely, written notice of an objection in the appropriate form that substantially complies with 5.1(i)-(vii) must be filed mailed, with the Clerk of the Court for the United States District Court for the Eastern District of New York a postmark date no later than ninety (90) days from the date on which the Notice Program commences pursuant Objection Date, xx Xxoposed Class Counsel and to ¶ 3.2 and served concurrently therewith upon Xxxxxx’s counsel as set forth below. For all objections mailed to Proposed Class Settlexxxx Xlass Counsel and counsel for PTHC via the Court’s electronic filing system. 5.2. Any Xxxxxx, Proposed Settlement Class Member who fails to comply Counsel will file them with the requirements Court with the Motion for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms Final Approval of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.Settlement:

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the name or caption of this Litigation; (iia) the objector’s full name, name and address, telephone ; (b) the case name and number, and eXxxxxxxxx v. Qualified Temporary Services, Case No. 22-mail address cv-12086 (if anyE.D. Mich.); (iiic) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Settlement Class Member); (ivd) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (ve) the identity of any and all counsel representing the objectorobjector in connection with the objection; (vif) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiig) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along if any) representing him or her in connection with documentation setting forth such representation)the objection. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of submitted to the Court for either by filing it electronically or in person at any location of the United States District Court for the Eastern District of New York Michigan, or by mailing it to the Court Clerk, United States District Court for the Eastern District of Michigan, Federal Building and U.S. Courthouse, 000 Xxxxxx Xxxxxx, Xxxx 000, Xxxxx, XX 00000, and mailing it to Class Counsel and Defendant’s counsel with a postmark or filing date no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing systemObjection Date. 5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, Agreement or the final order Final Judgment Order approving this Settlement Agreement, or the Judgment to be entered upon final approval Agreement shall be pursuant to appeal under the Federal Rules of Appellate Civil Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the objector’s full name or caption of this Litigationand address; (ii) the objector’s full namecase name and docket number - Xxxxxxxx, addresset al. v. Tallahassee Memorial HealthCare, telephone numberInc., and e-mail address (if any)Case No. 2023 CA 001430; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of any and all counsel representing the objectorobjector in connection with the objection; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along if any) representing him or her in connection with documentation setting forth such representation)the objection. To be timely, written notice of an objection in the appropriate form must be filed mailed, with the Clerk of the Court for the United States District Court for the Eastern District of New York a postmark date no later than ninety (90) sixty days from the date Notice Commencement Date, to Proposed Settlement Class Counsel, Xxxxxxxx X. Xxxxx, Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx PLLC, 000 Xxxxxxx Xxx., Xx. Xxxxxxxxxx, XX 00000; and counsel for XXX, Xxxxxxx X. Pearson, Xxxxx & Xxxxxxxxx, LLP, 000 Xxxxx Xxxxxxxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000-0000. The objector or his or her counsel may also file Objections with the Court, with service on which the Notice Program commences pursuant Proposed Settlement Class Counsel and TMH’s counsel. For all objections mailed to ¶ 3.2 and served concurrently therewith upon Proposed Settlement Class Counsel and counsel for PTHC via TMH, Proposed Settlement Class Counsel will file them with the Court’s electronic filing systemCourt as an exhibit to the Motion for Final Approval of the Settlement. 5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Objection Procedures. 5.1. (A) Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her their objection by the Objection Date. . (B) Such notice shall state: : (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address address; (if any)ii) the case name and case number; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds specific legal and factual basis for the each objection, accompanied by any legal support for including whether the objection applies only to the objector believes applicableobjecting person, a specific subset of the Settlement Class or the entire Settlement Class; (v) a description of any and all evidence the objecting person may offer at the Fairness Hearing, including but not limited to the names, addresses, and expected testimony of any witnesses and all exhibits intended to be introduced at the Fairness Hearing; (vi) the identity of all counsel representing the objector; (vivii) a statement whether the objector and/or his or her their counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). ; and (ix) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last five (5) years. (C) To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 Plan commences, and served concurrently via First-Class Mail therewith upon Proposed Class Counsel Plaintiffs’ Co-Counsel, Xxxxxxxxx Xxxxx of Xxxxx Xxxxxxxxxx, P.C., at the address listed on the signature page; and counsel for PTHC via Drizly, Jacob Summer, ZwillGen PLLC, at the Court’s electronic filing systemaddress listed on the signature page. Postmark dates shall constitute timely mailing. 5.2. (D) Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 writing shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the LitigationAction. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any Any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Final Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the objector’s full name or caption of this Litigationand address; (ii) the objector’s full namecase name and docket number—In re: PurFoods, addressInc. Data Security Incident, telephone number, and eCase No. 4:23-mail address cv-00332-RGE-SBJ (if anyS.D. Iowa); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicableapplicable and any supporting documents; (viv) the identity of any and all counsel representing the objectorobjector in connection with the objection; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along if any) representing him or her in connection with documentation setting forth such representation)the objection. To be timely, written notice of an objection in the appropriate form must be filed mailed, with the Clerk of the Court for the United States District Court for the Eastern District of New York a postmark date no later than ninety sixty (9060) days from the date Notice Commencement Date, to the Settlement Administrator at a designated post office box, as well as to Proposed Settlement Class Counsel, Xxxxxxxx X. Xxxxxx, Xxxxxxxx Xxxxxx Xxxxxxxxxx & Xxxxxxxx LLP, 000 X. XxXxxxx Street, Suite 3210, Chicago, IL 60603; and PurFoods’ Counsel, Xxxxxxx X. Xxxxx, Xxxxxxxxx & Burlington LLP, 0000 Xx Xxxxxx Xxxx, 0 Xxxx Xxxx Xxxxxx, 00xx Xxxxx, Xxxx Xxxx, XX 00000. The objector or his or her counsel may also file objections with the Court, with service on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Settlement Class Counsel and counsel for PTHC via PurFoods’ Counsel. For all objections mailed to Proposed Settlement Class Counsel and PurFoods’ Counsel that are not otherwise filed with the Court’s electronic filing system. 5.2. Any , Proposed Settlement Class Member who fails to comply Counsel will file them with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object Court as an exhibit to the Settlement Agreement, and shall be bound by all the terms Motion for Final Approval of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attackSettlement.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection DateDate indicated below. Such notice shall state: : (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Data Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing or advising or assisting the objector; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for by the United States District Court for the Eastern District of New York Objection Date, no later than ninety thirty (9030) days from after the date on which that the Short Form Notice Program commences pursuant to ¶ 3.2 is postmarked, and served concurrently therewith upon Proposed Settlement Class Counsel, Xxxx X. Xxxxxxx, Xxxxx Xxxxx & Xxxxxxx, LLP, 000 X. Xxxxxx Street, Suite 2100, Chicago, Illinois 60606; and counsel for Xxxx, Xxxxx Xxxxxxx, Xxxxxx Xxxxxxx Broad and Xxxxxx, 000 XX 0xx Xx., Xxxxx 0000, Xxxx Xxxxxxxxxx, XX 00000. 5.2 Any Settlement Class Member who is not a Successful Opt-Out and who wishes to appear at the Final Approval Hearing, whether pro se or through counsel, must file a Notice of Appearance in the Litigation, take all other actions or make any additional filings as may be required in the Short Form Notice or as otherwise ordered by the Court, and serve the Notice of Appearance and other papers upon Settlement Class Counsel and counsel for PTHC via Xxxx within the time set by the Court’s electronic filing system. No Settlement Class Member shall be permitted to raise matters at the Final Approval Hearing that the Settlement Class Member could have raised in an Objection or other paper, but failed to do so unless the Court otherwise directs. Any Settlement Class Member who fails to comply with this Agreement, the Short Form Notice, and any other order of the Court shall be barred from appearing at the Final Approval Hearing unless the Court otherwise directs. 5.2. 5.3 Any Settlement Class Member who fails to comply with the requirements for objecting in § 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the LitigationLitigation and releases executed by the Representative Plaintiffs. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of § 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Florida Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 6.1 Each Settlement Class Member desiring who does not file a timely Request for Exclusion may file with the Court a notice of intent to object to the Class Settlement Agreement. The Long Notice shall instruct Settlement Class Members who wish to object to the Class Settlement Agreement to send their written objections to the Claims Administrator at the address indicated in the Short Notice and Long Notice. The Long Notice shall submit a timely make clear that the Court can only approve or deny the Class Settlement Agreement and cannot change the terms. The Long Notice shall advise Settlement Class Members of the deadline for submission of any objections. 6.2 All notices of an intent to object to the Class Settlement Agreement must be written notice and should include all of his or her objection by the Objection Date. Such notice shall statefollowing: (i) the name or caption of this Litigation; (iia) the objector’s full name, address, telephone number, and e-mail email address (if any); (iii; b) information identifying a clear and detailed written statement that identifies the objector as a basis of the specific objection that the Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (vMember asserts; c) the identity of all any counsel representing the objector; (vi; d) a statement whether the objector and/or his or her counsel will intends to appear at the Final Fairness Approval Hearing; (vii, either in person or through counsel, and, if through counsel, identifying that counsel; e) a statement identifying list of all other class action settlements that the objector has objected to by the Settlement Class Member in the previous 5 ten (10) years; and (viiiand f) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representationif any, and for duly authorized representatives evidence of appointment of same). . 6.3 To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York or postmarked no later than ninety (90) days from the date on which the Notice Program commences pursuant Objection Deadline, subject to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing systemCourt approval. 5.2. Any 6.4 Except upon a showing of good cause, any Settlement Class Member who fails to substantially and timely comply with the requirements in this Paragraph 6 for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Class Settlement Agreement, and shall be bound by all the terms of the Class Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Class Settlement Agreement shall be through the provisions of ¶ 5.1this Paragraph 6. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement AgreementFinal Approval Order, or the Judgment judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Class Settlement Agreement

Objection Procedures. 5.110.1. Each Settlement Class Member Members desiring to object to the Settlement Agreement shall submit a timely written notice of his or her their objection by that complies with the Objection Daterequirements of this Settlement Agreement. 10.2. Such notice shall state: include: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail email address (if any); (ii) the case name and case number of the Action; (iii) information identifying the objector as a Settlement Class Member, including proof documentation demonstrating that the objector is a member within the definition of the Settlement Class; (iv) a written statement of all grounds the specific legal and factual basis for the each objection, accompanied by any legal support for including whether the objection applies only to the objector believes applicableobjecting person, a specific subset of the Settlement Class, or the entire Settlement Class; (v) a description of any and all evidence the objecting person intends to offer at the Final Approval Hearing, if any, including but not limited to the names, addresses, and expected testimony of any witnesses and all exhibits intended to be introduced at the Final Approval Hearing; (vi) the identity of all counsel representing the objector; (vivii) a statement whether the objector and/or his or her their counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (ix) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objectorA’spcilounsel has filed an objection to any proposed class action settlement within the last five (5) years. 10.3. To be timelyvalid, written notice of an objection in the appropriate form must be filed with the Clerk of Court of the Court for the United States U.S. District Court for the Eastern District of New York Arizona no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 Objection Deadline, and served concurrently therewith upon Proposed Class Counsel and counsel Counsel for PTHC via Defendant, at the Court’s electronic filing systemaddresses listed on the signature page of the Settlement Agreement. 5.210.4. Any If a Settlement Class Member who fails objects to the settlement also submits a Request for Exclusion, either before or after the objection, the objection will be deemed withdrawn and void, unless such Settlement Class Member send notice to the Settlement Administrator withdrawing the Request for Exclusion prior to the Opt-Out Deadline. 10.5. Settlement Class Members who fail to comply with the requirements for objecting set forth in ¶ 5.1 this Section shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, Agreement and shall be treated as a Participating Settlement Class Member and deemed bound by all the terms of this Settlement Agreement, including the Release and Covenant Not to Sue contained in Section XIV, the Final Approval Order and Judgment entered thereon, and any other judgment entered thereon, regardless of whether the Settlement Agreement and by all proceedings, orders and judgments in Class Member files a Claim Form or receives any benefits from the LitigationSettlement. The exclusive means for any challenge to the Settlement Agreement shall be through the objection provisions of ¶ 5.1set forth in this Section. Without limiting the foregoing, any Any further challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Final Approval Order and Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.153. Each The Notice will inform the Settlement Class Member desiring to object to the Settlement Agreement shall submit Members that they may send in a timely written notice of his or her objection by the Objection Datein this Action. Such notice shall To be valid, an objection must state: : (i) the name or caption of this Litigation; (iia) the objector’s full name, address, telephone number, and e-mail address (if any); (iiib) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (ivc) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicablecares to submit; (vd) the identity of all counsel lawyers (if any) representing the objector; (vie) a statement whether the objector and/or his or her counsel identity of all of the objector’s lawyers (if any) who will appear at the Final Fairness Hearing; (viif) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (g) a statement identifying all class action settlements objected confirming whether the objector intends to by personally appear and/or testify at the Settlement Class Member in the previous 5 yearsFinal Fairness Hearing; and (viiih) the objector’s signature and or the signature of the objector’s duly authorized attorney lawyer or other duly authorized representative (along with documentation setting forth such representation). 54. To In addition to the foregoing, objections should also provide the following information: (a) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, court, and docket number, of all other cases in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative. 55. The long form notice substantially in the form of Exhibit D hereto will further inform Settlement Class Members that to be considered timely, written notice of an any valid objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York Mexico, no later than ninety the date set by the Court and outlined in the Notice, to be set at forty- five (9045) days from after Notice. The long form notice will inform Settlement Class Members that they must mail a copy of their objection to the following three different places postmarked no later than the date on which set by the Notice Program commences pursuant Court and outlined in the Notice: US District Court Xxxxx Xxxxxxx Xxxxx X. Xxxxxxxxx District of New Mexico LAW OFFICE OF XXXXX XXXXX & XXXXXXXXX Xxxx X. Xxxxxxxx U.S. XXXXXXX, LLC LLP Courthouse 0000 Xxxxxx Xxxxxx Xx. XX 0000 Xxxxxxxxxx Xxxxxx 000 Xxxxx Xxxx XX, Xxxxx Xxxxxxxxxxx, XX 00000 Suite 4400 270 Xxxxxx, XX 00000 Xxxxxxxxxxx, XX 00000 56. The Parties agree that Plaintiffs will take the lead in drafting responses to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing system. 5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object objections to the Settlement AgreementSettlement, and shall be bound including any appeals filed by all the terms of the Settlement Agreement and by all proceedingsobjectors. However, orders and judgments both Parties retain their rights to make any argument(s) in the Litigation. The exclusive means for response to any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attackobjector.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. Each 8.10.1 Any Settlement Class Member desiring who does not elect to opt-out of the Settlement and who desires to object to the Settlement Agreement or the Fee Application shall submit a timely written notice file and serve such objections on or before the expiration of his or her objection by the Objection DatePeriod, filed with the Clerk of the Court no later than the expiration of the Objection Period and served concurrently therewith upon Class Counsel, Xxxxxxx X. Xxxxxx, 000 X. Xxxxxxxxxx Xxxx, Xxxxxxxx, XX 00000, and Hometrust’s Counsel, Xxxxxxx X. Xxxxxx, Esq., Hunton Xxxxxxx Xxxxx, LLP, 000 Xxxxxx Xxxxxx, Suite 4200, Houston, TX, 77022. Such notice shall state: (i) objections must set forth: • the name or caption of this Litigationthe Action; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iii) information identifying • a statement of the basis on which the objector as claims to be a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection objection, and any evidence the objector believes applicableobjecting Settlement Class Member wishes to introduce in support of the objection; (v) the identity of all counsel, if any, representing the objector, including any former or current counsel who may claim entitlement to compensation for any reason related to the objection to the Settlement or the Fee Application; • a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing and the identification of any counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel will who intends to appear at the Final Fairness Approval Hearing; • a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; • A list, by case name, court, and docket number, of all other cases in which the objector (viidirectly or through counsel) a statement identifying all has filed an objection to any proposed class action settlements objected to by settlement within the Settlement Class Member in the previous 5 last 3 years; • A list by case name, court, and docket number, of all other cases in which the objector’s counsel (viiion behalf of any Person or entity) has filed an objection to any proposed class action settlement within the last 3 years; • A list by case name, court, and docket number, of all other cases in which the objector has been named a plaintiff in any class action or served as a lead plaintiff or class representative; and • the objector’s signature signed under oath and penalty of xxxxxxx and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timelyIf the objector is legally incapacitated, written notice the signature of their duly authorized representative with supporting documentation and an objection in attestation that the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via objector is legally incapacitated shall suffice. 8.10.2 Except as otherwise ordered by the Court’s electronic filing system. 5.2. Any , any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 provisions of Section 8.10.1 shall waive and forfeit any and all rights he or she the Settlement Class Member may have to appear separately and/or to object to the Settlement AgreementAgreement or Fee Application, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders orders, and judgments in the LitigationAction. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting Section 8.10.1. 8.10.3 Submitting an objection notice under this paragraph shall constitute the foregoingobjecting Settlement Class Member’s consent to jurisdiction of the Court and to accept service of process, any challenge to including subpoenas for testimony, at the Settlement Agreement, email address provided in the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attackobjection notice.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Objection Procedures. 5.1. Each 8.10.1 Any Settlement Class Member desiring who does not elect to opt-out of the Settlement and who desires to object to the Settlement Agreement or the Fee Application shall submit a timely written notice file and serve such objections on or before the expiration of his or her objection by the Objection DatePeriod, filed with the Clerk of the Court no later than the expiration of the Objection Period and served concurrently therewith upon Class Counsel, Xxxxxxx X. Xxxxxx, 000 X. Xxxxxxxxxx Xxxx, Xxxxxxxx, XX 00000, and Hometrust’s Counsel, Xxxxxxx X. Xxxxxx, Esq., Hunton Xxxxxxx Xxxxx, LLP, 000 Xxxxxx Xxxxxx, Suite 4200, Houston, TX, 77022. Such notice shall state: (i) objections must set forth: • the name or caption of this Litigationthe Action; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iii) information identifying • a statement of the basis on which the objector as claims to be a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection objection, and any evidence the objector believes applicableobjecting Settlement Class Member wishes to introduce in support of the objection; (v) the identity of all counsel, if any, representing the objector, including any former or current counsel who may claim entitlement to compensation for any reason related to the objection to the Settlement or the Fee Application; • a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing and the identification of any counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel will who intends to appear at the Final Fairness Approval Hearing; • a list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; • A list, by case name, court, and docket number, of all other cases in which the objector (viidirectly or through counsel) a statement identifying all has filed an objection to any proposed class action settlements objected to by settlement within the Settlement Class Member in the previous 5 last 3 years; • A list by case name, court, and docket number, of all other cases in which the objector’s counsel (viiion behalf of any Person or entity) has filed an objection to any proposed class action settlement within the last 3 years; • A list by case name, court, and docket number, of all other cases in which the objector has been named a plaintiff in any class action or served as a lead plaintiff or class representative; and • the objector’s signature signed under oath and penalty of perjury and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timelyIf the objector is legally incapacitated, written notice the signature of their duly authorized representative with supporting documentation and an objection in attestation that the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via objector is legally incapacitated shall suffice. 8.10.2 Except as otherwise ordered by the Court’s electronic filing system. 5.2. Any , any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 provisions of Section 8.10.1 shall waive and forfeit any and all rights he or she the Settlement Class Member may have to appear separately and/or to object to the Settlement AgreementAgreement or Fee Application, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders orders, and judgments in the LitigationAction. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting Section 8.10.1. 8.10.3 Submitting an objection notice under this paragraph shall constitute the foregoingobjecting Settlement Class Member’s consent to jurisdiction of the Court and to accept service of process, any challenge to including subpoenas for testimony, at the Settlement Agreement, email address provided in the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attackobjection notice.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Data Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing the objector; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety sixty (9060) days from after the date on which the Notice Program commences pursuant to ¶ 3.2 Court enters a Preliminary Approval Order, and served concurrently therewith upon Proposed Settlement Class Counsel Counsel, Xxxx X. Xxxxx, Xxxxx Xxxxx & Xxxxxxx LLP, 0000 Xxxxxxxxx Xxx., XX, Xxx. 000, Xxxxxxxxxx, XX 00000, and Xxxx X. Xxxxxxx, Xxxxx Xxxxx & Xxxxxxx LLP, 000 X. Xxxxxx Street, Suite 2100, Chicago, Illinois 60606; and counsel for PTHC via the Court’s electronic filing systemHMHD, Xxxxx X. Xxxx and Xxxxxx X. Xxxxx, Xxxxxxx Xxxx LLP, 0000 Xxxxxxx Xxxx., Xxxxx 000, Xxxxx, Xxxxx 00000. 5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Texas Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

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Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the objector’s full name or caption of this Litigationand address; (ii) the objector’s full name, address, telephone case name and docket number, and e-mail address Xxxxxxx Xxxxx, et al. v. US Radiology Specialists, Inc., et al., Case No. 22 CVS 17797 (if anyN.C. Super. Ct., Mecklenburg Cty.); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objectorobjector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivii) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along if any) representing him or her in connection with documentation setting forth such representation)the objection. To be timely, written notice of an objection in the appropriate form must be filed mailed, with a postmark date no later than the Objection Date, to Xxxxxxx X. Xxxxxx, Xxxxxxxxx, Stock & XxXxxxx, LLC, 000 X. Xxxxx Xx., Xxxxx 000 Xxxxxxxxxx, Xxxx 00000, as Class Counsel; and Xxxxx X. Xxxxxxxxx and Xxxxx X. Xxxxxxx, Xxxxx & Xxxxxxxxx LLP, 0000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000 as counsel for Defendants. The objector or his or her counsel shall also file any objection with the Court through the Court’s ECF system or submitting them to the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant Court. For all objections mailed to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via Defendants, Class Counsel will file them with the Court’s electronic filing systemCourt with the Motion for Final Approval of the settlement, unless the objection(s) were previously filed on the docket. 5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1this Settlement Agreement. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal North Carolina Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Data Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing the objector; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety sixty (9060) days from after the date on which the Notice Program commences pursuant to ¶ 3.2 Court enters a Preliminary Approval Order, and served concurrently therewith upon Proposed Settlement Class Counsel Counsel, Xxxxx X. Xxxxx, Xxxxx Xxxxx & Xxxxxxx, LLP, 0000 Xxxxxxxxx Xxxxxx XX, Xxxxx 000, Xxxxxxxxxx, XX 00000; and counsel for PTHC via the Court’s electronic filing systemNavicent, Xxxxxxxxxxx X. Xxxxx, Xxxxx Xxxxxxxxx, 0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000. 5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1of 1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.158. Each The Notice will inform the Settlement Class Member desiring to object to the Settlement Agreement shall submit Members that they may send in a timely written notice of his or her objection by the Objection Datein this Action. Such notice shall To be valid, an objection must state: : (i) the name or caption of this Litigation; (iia) the objector’s full name, address, telephone number, and e-mail address (if any); (iiib) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (ivc) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicablecares to submit; (vd) the identity of all counsel lawyers (if any) representing the objector; (vie) a statement whether the objector and/or his or her counsel identity of all of the objector’s lawyers (if any) who will appear at the Final Fairness Hearing; (viif) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (g) a statement identifying all class action settlements objected confirming whether the objector intends to by personally appear and/or testify at the Settlement Class Member in the previous 5 yearsFinal Fairness Hearing; and (viiih) the objector’s signature and or the signature of the objector’s duly authorized attorney lawyer or other duly authorized representative (along with documentation setting forth such representation). 59. To In addition to the foregoing, objections should also provide the following information: (a) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; (b) a list, by case name, court, and docket number, of all other cases in which the objector’s lawyer (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three (3) years; and (c) a list, by case number, court, and docket number, of all other cases in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative. 60. The long form notice substantially in the form of Exhibit A hereto will further inform Settlement Class Members that to be considered timely, written notice of an any valid objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York Mexico, no later than ninety (90) days from the date on which set by the Notice Program commences pursuant to ¶ 3.2 Court and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing system. 5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments outlined in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoingNotice, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.set at thirty

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 8.1 Each Settlement Class Member desiring to object to the this Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Dateobjection. Such notice shall state: : (i) the name or caption of this Litigation; (iia) the objector’s full name, address, current address telephone number, and e-mail email address (if any); (iiib) information identifying the objector as a statement that he or she is a Settlement Class Member, including proof an attestation that he or she made a purchase using a payment card at a Burgerville restaurant during the objector is a member Class Period and identifying the address of the Settlement Classlocation where he or she made the purchase; (ivc) a written statement of all grounds for the objection, accompanied by any legal support for the objection supporting materials or analysis that the objector believes applicable; (vd) the identity of all counsel representing the objector, if any; (vie) a written statement indicating whether he or she intends to appear or testify at the objector and/or his or her counsel final approval hearing and the identity of all counsel, if any, who will appear at the Final Fairness Hearingfinal approval hearing on behalf of the objector; (viif) a statement identifying list of all persons who will be called to testify at the final approval hearing in support of the objection; (g) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through counsel) has filed an objection to any proposed class action settlements objected to by the Settlement Class Member settlement in the previous 5 last three years; and (viiih) the objector’s signature and the signature of the objector’s objectors duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). attorney. 8.2 To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which deadline established in the Notice Program commences pursuant to ¶ 3.2 Preliminary Approval Order as set forth in Section 5 above, and served concurrently therewith upon Proposed Class Lead Counsel Xxxxxxx X. Xxxxxxxx of Xxxxxxxx & Xxxxxxxx at 00000 X. Xxxxxxxxxxxx Xxx., Xxxxxxxx Xxxx, Xxxxxxxx 00000, and defense counsel for PTHC via the Court’s electronic filing systemXxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxx Beach, and Xxxxx Xxxxxxxx of Xxxxxx Xxxx LLP, 000 XX Xxxxx Xxx., 00xx Xxxxx, Xxxxxxxx, XX 00000. 5.2. 8.3 Any Settlement Class Member who fails to comply with the requirements for objecting set forth in ¶ 5.1 shall waive Sections 8.1 and forfeit 8.2 above waives and forfeits any and all rights that he or she may have to appear separately and/or to or object to the this Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attackAction.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the name or caption of this Litigation; (ii) the objector’s 's full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Data Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing the objector; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s 's signature and the signature of the objector’s 's duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). ; and (vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector's counsel has filed an objection to any proposed class action settlement within the last three (3) years. 5.2 To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety sixty (9060) days from after the date on which the Notice Program commences pursuant to ¶ 3.2 Court enters a Preliminary Approval Order, and served concurrently therewith upon Proposed Settlement 270307649v.l Class Counsel Counsel, Xxxxxxxx X. Xxxxx and Xxxx X. Xxxxx of Xxxxx, LLP, 0000 Xxxxxxxxx Xxxxxx XX, Xxxxx 000, Xxxxxxxxxx, XX 00000; and counsel for PTHC via the Court’s electronic filing systemGCPA, Xxxxx X. Xxxx, Xxxxxx Xxxxx LLP, 0000 X Xxxxxx, XX, Xxxxx 000, Xxxxxxxxxx, XX 00000. 5.2. 5.3 Any Settlement Class Member who fails to comply with the requirements for objecting in ,r,r 5.1 and 5.2 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure applicable Court rules and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: : (i) the objector’s full name or caption of this Litigationand address; (ii) the objector’s full name, address, telephone case name and docket number, and eIn Re: Cinfed Federal Credit Union Data Breach Litigation, Case No. 1:23-mail address cv-776 (if anyS.D. Ohio); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objectorobjector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivii) the objector’s signature and or the signature of the objector’s duly authorized attorney or other duly authorized representative (along if any) representing him or her in connection with documentation setting forth such representation)the objection. To be timely, written notice of an objection in the appropriate form must be filed mailed, with a postmark date no later than the Objection Date, to Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via the Court’s electronic filing system, Xxxxxx Xxxxxxx U.S. Courthouse, Xxxx 000, 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxxxx, XX 00000. 5.2. 5.2 Any Settlement Class Member who fails to comply with the requirements for objecting in 5.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement Agreement, including any claims, shall be through the provisions of ¶¶ 2.4, 5.1, 9.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order Order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 13 5.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall 14 submit a timely written notice of his or her objection by the Objection Date. Such notice shall 15 state: : (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) 16 information identifying the objector as a Settlement Class Member, including proof that the 17 objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the 18 Data Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal 19 support for the objection the objector believes applicable; (viv) the identity of all counsel 20 representing the objector; (viv) a statement whether the objector and/or his or her counsel will appear 21 at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viiivi) the objector’s signature and the signature of the objector’s duly 22 authorized attorney or other duly authorized representative (along with documentation setting forth 23 such representation); and (vii) a list, by case name, court, and docket number, of all other cases in 24 which the objector and/or the objector’s counsel has filed an objection to any proposed class action 25 settlement within the last three (3) years. To be timely, written notice of an objection in the 26 appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety sixty (9060) days from after the 27 date on which the Notice Program commences pursuant to ¶ 3.2 Court enters a Preliminary Approval Order, and served concurrently therewith 1 upon Proposed Settlement Class Counsel Counsel, Xxxx X. Xxxxxxx, Xxxxx Xxxxx & Xxxxxxx, LLP, 227 W. 0 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000; and counsel for PTHC via the Court’s electronic filing systemGrays Harbor, Xxxx X. 0 Xxxxxxxxx, Xxxxx Xxxxxxxxx, 0000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000-0000. 5.2. 4 5.2 Any Settlement Class Member who fails to comply with the requirements for 5 objecting in ¶ 5.1 shall waive and forfeit any and all rights he or she may have to appear separately 6 and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement 7 Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.means

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. Each 6.1 Any Participating Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Dateobjection. Such notice shall state: (i) the name or caption of this Litigation; (ii) : • the objector’s full name, address, telephone number, and e-mail address (if any)address; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection objection, and any evidence the objector believes applicableParticipating Settlement Class Member wishes to introduce in support of the objection; (v) the identity of all counsel representing the objector; (vi) a statement confirming whether the objector intends to personally appear and/or his or her counsel will appear testify at the Final Fairness Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature signed under oath and penalty of perjury or, if legally incapacitated, the signature of the objector’s duly authorized attorney or other their duly authorized representative (along with documentation setting forth such legal incapacitation and representation). . 6.2 To be timely, written notice of an objection in the appropriate form correct format above must be filed with mailed to the Clerk Settlement Administrator twenty-one (21) days prior to the date set in the Notice for the Final Approval Hearing, and also mailed to each of the Court for the United States District Court for the Eastern District of New York no later than ninety (90) days from the date on which the Notice Program commences pursuant to ¶ 3.2 following: • Co-Lead Counsel, Xxxxxx X. Xxxxxxxx, Xxxxxxxx Calcagnie Xxxxxxxx Xxxxxxx Xxxxx, Inc., 00 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxxx, XX 00000; • Co-Lead Counsel, Xxxxxxxx Xxxx-Xxxxxxx, Finkelstein, Blankinship, Xxxx-Xxxxxxx & Xxxxxx, 0000 Xxxxxxxxxx Xxxxxx, Xxxxx 000, Xxxxx Xxxxxx, Xxx Xxxx, 00000; and served concurrently therewith upon Proposed Class Counsel and counsel for PTHC via • Defendants’ Lead Counsel, Xxxxxxx Xxxxxx, Xxxxxx Xxxx & Xxxxxxxx, LLP, 0000 Xxxxxxxxx Xxxxx, Irvine, CA 92612. 6.3 Except as otherwise ordered by the Court’s electronic filing system. 5.2. Any , any Participating Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 provisions of ¶¶ 6.1 and 6.2 shall waive and forfeit any and all rights he or she the Participating Settlement Class Member may have to appear separately and/or to object to the Settlement AgreementSettlement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders orders, and judgments in the Litigation. The exclusive means for any challenge . 6.4 Any Settlement Class Member who opts out of the Settlement shall not have standing to object to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attackSettlement.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail -mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (viv) the identity of all counsel representing the objector; (viv) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and (vii) a list, by case name, has filed an objection to any proposed class action settlement within the last three (3) years. To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the United States District Court for the Eastern District of New York no later than ninety sixty (9060) days from the date on which after the Notice Program commences pursuant to ¶ 3.2 Deadline, and served concurrently therewith upon Proposed Settlement Class Counsel Counsel, Xxxx X. Xxxxxxx, Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, PLLC, 000 Xxxx Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000; and counsel for PTHC via the Court’s electronic filing systemOSF, Xxxxxx X. Xxxx XXX, Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx LLP, 000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxx, Xxx Xxxxxx 00000. 5.2. Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 shall waive waives and forfeit forfeits any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Illinois Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objection Procedures. 5.1. 6.1 Each Settlement Class Member desiring to object to the Settlement Agreement shall submit a timely written notice of his or her objection by the Objection Date. Such notice shall state: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iiiii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Data Security Incident); (iviii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (v) the identity of any and all counsel representing the objectorobjector in connection with the objection; (vi) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing, and; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of Saline County Circuit Clerk, 00 X. Xxxxx Xxxxxx, Xx. 000, Xxxxxxxx, Xxxxxxxx 00000, and contain the Court for the United States District Court for the Eastern District of New York case name and docket number, In re: Xxxxxxxxxx Hospital Data Security Incident Litigation, Case No. 23SACV00020, no later than ninety forty-five (9045) days from the date on which the Notice Program commences pursuant to ¶ 3.2 Date, and served concurrently therewith upon Proposed Class Counsel Counsel, Xxxxxxxx X. Xxxxx, Xxxx & Xxxxx LLC, Four Tower Bridge, 000 Xxxx Xxxxxx Drive, Suite 400 Conshohocken, PA 19428, and counsel for PTHC via the Court’s electronic filing systemXxxxxxxxxx, Xxxxx X. Xxxxxxxx, XxXxxxxx Xxxxxxx, 00000 Xxxxxxxx Xxxxxx, Suite 318, Bloomfield Hills, MI 48304. 5.2. 6.2 Any Settlement Class Member who fails to comply with the requirements for objecting in ¶ 5.1 6.1 shall waive and forfeit any and all rights he or she may have to appear separately and/or or to object to the Settlement Agreement, and the Settlement Class Member shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of ¶ 5.16.1. Without limiting the foregoing, any challenge to the Settlement Agreement, the final order approving this Settlement Agreement, or the Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Missouri Rules of Appellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

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