Common use of Objection Procedures Clause in Contracts

Objection Procedures. 5.1 Each 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, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Class Member, including proof that the objector is a member of the Class (e.g., copy of notice, copy of original notice of the Data Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of any and all counsel representing the objector in connection with the objection; (v) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vi) 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 and contain the case name and docket number Bandy v. TOC Enterprises, Inc., No. 3:23-cv-00598 (M.D. Tenn.) no later than 60 days from the date on which notice program commences pursuant to ¶ 3.2(d), and served concurrently therewith upon Proposed Class Counsel, Xxxx X. Xxxxx and Xxxxxxxx X. Xxxxx of the law firm XXXXX LLP, 0000 Xxxxxxxxx Xxx XX, Xxxxx 000; and counsel for Defendant, Xxxxx X. Xxxxxxxxx of XXXXX XXXXXXXXX LLP at 0000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, XX 00000. 5.2 Any 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: Settlement Agreement

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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 to the Court by the Objection Date. Such notice shall state: (i) the objector’s full name, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of any and all counsel representing the objector in connection with the objection; (v) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vi) 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 and contain the case name and docket number Bandy Xxxxxx v. TOC EnterprisesSyracuse University, Inc., Case No. 3:235:21-cv-00598 CV-01073-LEK-TWD (M.D. Tenn.) the “Xxxxxx Action”), no later than 60 sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d), and served concurrently therewith upon Proposed Class Counsel, Xxxx X. Xxxxx Xxxxxx and Xxxxxxxx Xxxxxx X. Xxxxx of the law firm XXXXX FINKELSTEIN, BLANKINSHIP, XXXX-XXXXXXX & XXXXXX, LLP, 0000 Xxxxxxxxx Xxx XXXxxxx Xxxxxxxx, Xxxxx 000, Xxxxx Xxxxxx, XX 00000; and counsel for DefendantSyracuse, Xxxx X. Xxxx, Xxxxx X. Xxxxxxxxx of XXXXX XXXXXXXXX LLP at 0000 Xxxxxxxxxx Xxxxxx& Xxxxxxxxx, LLP, 00 Xxxxxxxxxxx Xxxxx 0000, XxxxxxXxx Xxxx, XX 00000. 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 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 Final order approving this Settlement Agreement, or the Judgment to be entered upon final 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 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 objector’s full name, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, notice or copy of original notice of the Data IncidentBreach); (iii) a written statement of all grounds for the objection, objection accompanied by any legal support for the objection that the objector believes is applicable; (iv) the identity of any and all counsel representing the objector in connection with the objectionobjector; (v) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vi) 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. . 6.2 To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court and contain the case name and docket number Bandy v. TOC Enterprises, Inc., No. 3:23-cv-00598 (M.D. Tenn.) no later than 60 the Objection Date, which is seventy-five (75) days from after the date on which notice program commences pursuant to ¶ 3.2(d)the Court enters a Preliminary Approval Order, and served concurrently therewith upon Proposed Settlement Class Counsel, Xxxx X. Xxxxx and Xxxxxxxx X. Xxxxx of the law firm XXXXX Xxxxx LLP, 0000 Xxxxxxxxx Xxx Xxxxxx XX, Xxxxx 000, Xxxxxxxxxx, XX 00000 and Xxxxx X. Xxxxxx of Siri & Glimstad LLP, 000 Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000; and counsel for DefendantGas South, Xxxxx X. Xxxxxxxxx Xxxxxx Xxxxxx of XXXXX XXXXXXXXX LLP at Xxxxxx Xxxxxxxx LLC, 0000 Xxxxxxxxxx XxxxxxXxxxxx Xx. Suite 200, Xxxxx 0000Grapevine, Xxxxxx, XX 00000TX 76051. 5.2 6.3 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 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.§§ IV.6.1

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 no later than sixty (60) days after the Notice Date (“Objection Date”). Such objection notice shall state: (i) the case name and number of the Action (Xxxxxx v. Honeywell International Inc., Case No. 24-CV-013793-590 (Mecklenburg County)); (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 Class (e.g., copy of notice, copy of original notice of the Data Incident); (iiiiv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (ivv) the identity of any and all counsel representing the objector in connection with the objection; (vvi) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Approval Hearing; (vivii) 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 (viiviii) 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 and contain Court, located at Mecklenburg County Courthouse, 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000, under the case name and docket number Bandy caption Xxxxxx v. TOC EnterprisesHoneywell International, Inc., Case No. 3:2324-cv-00598 (M.D. Tenn.) CV-013793-590, no later than 60 sixty (60) days from after the date on which notice program commences pursuant to ¶ 3.2(d)Notice Date, and served concurrently therewith upon Proposed Settlement Class Counsel, Xxxx Xxxxxxx X. Xxxxx and Xxxxxxxx of Xxxxxxxx & Xxxxxxxx, 00000 X. Xxxxx of the law firm XXXXX LLPXxxxxxxxxxxx Xxx., 0000 Xxxxxxxxx Xxx XX, Xxxxx 000; and counsel for Defendant, Xxxxx X. Xxxxxxxxx of XXXXX XXXXXXXXX LLP at 0000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000, XxxxxxXxxxxxxx Xxxx, XX 00000, and Xxxxx Xxxxxxxxx of Xxxxxxxxx Law LLC, 000 Xxxxxxx Xxxxx Xx Xxxx, Suite 205, #10518, San Xxxx, Puerto Rico 00907, and Defendant’s Counsel, Xxxxxxxx Xxxxxx and Xxxx Xxxxxxxx, Xxxxxxxx, Xxxxxxxx & Xxxxxx, 000 X. Xxxxx Street, Suite 1900, Charlotte, North Carolina 28246. 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, including the Judgment. 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, 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: Class Action 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 objector’s 's full name, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of any and all counsel representing the objector in connection with the objectionobjector; (v) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vi) 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 '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 and contain the case name and docket number Bandy v. TOC Enterprises, Inc., No. 3:23-cv-00598 (M.D. Tenn.) no later than 60 sixty (60) days from after the date on which notice program commences pursuant to ¶ 3.2(d)the Court enters a Preliminary Approval Order, and served concurrently therewith upon Proposed Settlement 270307649v.l Class Counsel, Xxxxxxxx X. Xxxxx and Xxxx X. Xxxxx and Xxxxxxxx X. Xxxxx of the law firm XXXXX Xxxxx, LLP, 0000 Xxxxxxxxx Xxx Xxxxxx XX, Xxxxx 000, Xxxxxxxxxx, XX 00000; and counsel for DefendantGCPA, Xxxxx X. Xxxxxxxxx of XXXXX XXXXXXXXX LLP at Xxxx, Xxxxxx Xxxxx LLP, 0000 Xxxxxxxxxx X Xxxxxx, XX, Xxxxx 0000000, XxxxxxXxxxxxxxxx, 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 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

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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, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of any and all counsel representing the objector in connection with the objectionobjector; (v) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vi) 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 and contain the case name and docket number Bandy v. TOC Enterprises, Inc., No. 3:23-cv-00598 (M.D. Tenn.) no later than 60 sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d)after Notice Deadline, and served concurrently therewith upon Proposed Settlement Class Counsel, Xxxx Xxxxxxx X. Xxxxx and Xxxxxx, Xxxxxx Spirt Xxxxxxxx X. Xxxxx of the law firm XXXXX LLPPC, 0000 Xxxxxxxxx Xxx XX, Xxxxx 000; and counsel for Defendant, Xxxxx X. Xxxxxxxxx of XXXXX XXXXXXXXX LLP at 0000 Xxxxxxxxxx Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000; and counsel for Einstein, Jan X. Xxxxxx, XX Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx LLP, 0000 Xxx Xxxxx Xxxxxx, Philadelphia, Pennsylvania 19103 and Xxxxxx X. Xxxx III, Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx LLP, 000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxx, Xxx Xxxxxx 00000. 5.2 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 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 Pennsylvania Rules of Appellate Procedure and not through a collateral attack.

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 objector’s full name, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of any and all counsel representing the objector in connection with the objectionobjector; (v) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vi) 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 and contain the case name and docket number Bandy v. TOC Enterprises, Inc., No. 3:23-cv-00598 (M.D. Tenn.) no later than 60 sixty (60) days from after the date on which notice program commences pursuant to ¶ 3.2(d)the Court enters a Preliminary Approval Order, and served concurrently therewith upon Proposed Settlement Class Counsel, Xxxx X. Xxxxx, Xxxxx and Xxxxxxxx X. Xxxxx of the law firm XXXXX & Xxxxxxx LLP, 0000 Xxxxxxxxx Xxx Xxx., XX, Xxx. 000, Xxxxxxxxxx, XX 00000, and Xxxx X. Xxxxxxx, Xxxxx 000Xxxxx & Xxxxxxx LLP, 000 X. Xxxxxx Street, Suite 2100, Chicago, Illinois 60606; and counsel for DefendantHMHD, Xxxxx X. Xxxxxxxxx of XXXXX XXXXXXXXX LLP at Xxxx and Xxxxxx X. Xxxxx, Xxxxxxx Xxxx LLP, 0000 Xxxxxxxxxx XxxxxxXxxxxxx Xxxx., Xxxxx 0000000, XxxxxxXxxxx, XX Xxxxx 00000. 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 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

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, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of any and all counsel representing the objector in connection with the objectionobjector; (v) a statement as to whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vi) 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 and contain the case name and docket number Bandy v. TOC Enterprises, Inc., No. 3:23-cv-00598 (M.D. Tenn.) no later than 60 forty-five (45) days from the date on which after notice program commences pursuant to ¶ 3.2(d)is provided, and served concurrently therewith upon Proposed Settlement Class Counsel, Xxxx Xxxxxxx X. Xxxxx and Xxxxxxxx, Xxxxxx Spirt Xxxxxxxx X. Xxxxx of the law firm XXXXX LLPPC, 0000 Xxxxxxxxx Xxx XX, Xxxxx 000; and counsel for Defendant, Xxxxx X. Xxxxxxxxx of XXXXX XXXXXXXXX LLP at 0000 Xxxxxxxxxx Xxxxxx Xxxxxx, Xxxxx 0000, XxxxxxXxxxxxxxxxxx, XX Xxxxxxxxxxxx 00000; and counsel for SEIU 32BJ, Xxxxxxx Xxxxxxx, Xxxxx Xxxxxx Xxxxxxxx, LLP, 000 X. Xxxxxxxx Street, Suite 2400, Los Angeles, CA 90017. 5.2 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 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

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