Common use of Objection Process Clause in Contracts

Objection Process. 10.1 A Settlement Class Member who wishes to object to the Settlement must notify the Court of his or her objection, in writing, on or before the Claim Filing Deadline. 10.2 The Parties will request that the Court enter an order requiring any Settlement Class Member who wishes to be heard orally at the final approval hearing, or who wishes for any objection to be considered, to file a written notice of objection with the Court by the objection date contained in the Notice, as well as any notice of intention to appear at the final approval hearing. The objection must also be served on counsel of record by Objection Deadline. To state a valid objection to the Settlement, an objecting Settlement Class Member must personally sign the objection and provide the following information in connection with and as part of any objection: (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of the position the objector wishes to assert, including the factual and legal grounds for the position and objection; and (iv) copies of any other documents that the objector wishes to submit in support of his/her/its position. In addition, the objecting Settlement Class Member must identify any previously filed objections filed by the Settlement Class Member and his/her/its counsel in any state or federal court. This listing must contain (i) the name of the case; (ii) the case number; (iii) the court in which the objection was filed; and (iv) the outcome of the objection. Subject to approval of the Court, any objecting Settlement Class Member may appear in person or by counsel at the final approval hearing held by the Court to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for attorneys’ fees, reimbursement of reasonable litigation costs and expenses, and service awards. In this respect, the objecting Settlement Class Member must file with the clerk of the Court, and serve on all counsel designated in the Notice, a notice of intention to appear by the objection deadline or on such other date that may be set forth in the Notice. The notice of intention to appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or his/her/its counsel) will present to the Court in connection with the Final Approval Hearing. Any Settlement Class Member who does not provide a notice of intention to appear in complete accordance with the deadlines and other specifications set out in the Notice, and who has not filed an objection in complete accordance with the deadlines and other specifications set forth in this Settlement and the Notice, subject to the approval of the Court, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing. 10.2.1. The Settlement Administrator shall promptly post all objections to the Settlement Website so that Settlement Class Members will have the opportunity to present their views on the Attorneys’ Fees, Costs, and Expenses, Service Award, and any other aspect of the Settlement.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Objection Process. 10.1 1. A Settlement Class Member who wishes to object to the Settlement must notify the Court of his or her objection, in writing, on or before the Claim Filing Deadline. 10.2 2. The Parties will request that the Court enter an order requiring any Settlement Class Member who wishes to be heard orally at the final approval hearingFinal Approval Hearing, or who wishes for any objection to be considered, to file a written notice of objection with the Court by the objection date contained in the Notice, as well as any notice of intention to appear at the final approval hearingFinal Approval Hearing. The objection must also be served on counsel of record by Objection Deadlinethe objection date. To state a valid objection to the Settlement, an objecting Settlement Class Member must personally sign the objection and provide the following information in connection with and as part of any objection: : (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of the position the objector wishes to assert, including the factual and legal grounds for the position and objection; and (iv) copies of any other documents that the objector wishes to submit in support of his/her/its position. In addition, the objecting Settlement Class Member must identify any previously filed objections filed by the Settlement Class Member and his/her/its counsel in any state or federal court. This listing must contain (i) the name of the case; (ii) the case number; (iii) the court in which the objection was filed; and (iv) the outcome of the objection. Subject to approval of the Court, any objecting Settlement Class Member may may, but does not need to, appear in person or by counsel at the final approval hearing Final Approval Hearing held by the Court to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for attorneys’ fees, incentive awards, and reimbursement of reasonable litigation costs and expenses, and service awards. In this respect, the objecting Settlement Class Member must file with the clerk of the Court, and serve on all counsel designated in the Notice, a notice of intention to appear by the objection deadline or on such other date that may be set forth in the Notice. The notice of intention to appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or his/her/its counsel) will present to the Court in connection with the Final Approval Hearing. Any Settlement Class Member who does not provide a notice of intention to appear in complete accordance with the deadlines and other specifications set out in the Notice, and who has not filed an objection in complete accordance with the deadlines and other specifications set forth in this Settlement and the Notice, subject to the approval of the Court, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing. 10.2.1. The Settlement Administrator shall promptly post all objections to the Settlement Website so that Settlement Class Members will have the opportunity to present their views on the Attorneys’ Fees, Costs, and Expenses, Service Award, and any other aspect of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Objection Process. 10.1 1. A Settlement Class Member who wishes to object to the Settlement must notify the Court of his or her objection, in writing, on or before the Claim Filing Deadline. 10.2 2. The Parties will request that the Court enter an order requiring any Settlement Class Member who wishes to be heard orally at the final approval hearingFinal Approval Hearing, or who wishes for any objection to be considered, to file a written notice of objection with the Court by the objection date contained in the Notice, as well as any notice of intention to appear at the final approval hearingFinal Approval Hearing. The objection must also be served on counsel of record by Objection Deadlinethe objection date. To state a valid objection In order to be considered by the SettlementCourt, an objecting Settlement Class Member must personally sign the objection and provide the following information in connection with and as part of any objection: (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of the position the objector wishes to assert, including the factual and legal grounds for the position and objection; and (iv) copies of any other documents that the objector wishes to submit in support of his/her/its position. In addition, the objecting Settlement Class Member must identify any previously filed objections filed by the Settlement Class Member and his/her/its counsel in any state or federal court. This listing must contain (i) the name of the case; (ii) the case number; (iii) the court in which the objection was filed; and (iv) the outcome of the objection. Subject to approval of the Court, any objecting Settlement Class Member may may, but does not need to, appear in person or by counsel at the final approval hearing Final Approval Hearing held by the Court to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for attorneys’ fees, incentive awards, and reimbursement of reasonable litigation costs and expenses, and service awards. In this respect, the objecting Settlement Class Member must file with the clerk of the Court, and serve on all counsel designated in the Notice, a notice of intention to appear by the objection deadline or on such other date that may be set forth in the Notice. The notice of intention to appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or his/her/its counsel) will present to the Court in connection with the Final Approval Hearing. Any Settlement Class Member who does not provide a notice of intention to appear in complete accordance with the deadlines and other specifications set out in the Notice, and who has not filed an objection in complete accordance with the deadlines and other specifications set forth in this Settlement and the Notice, subject to the approval of the Court, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing. 10.2.1. The Settlement Administrator shall promptly post all objections to the Settlement Website so that Settlement Class Members will have the opportunity to present their views on the Attorneys’ Fees, Costs, and Expenses, Service Award, and any other aspect of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Objection Process. 10.1 A Settlement Class Member who has not submitted an Opt-Out Letter by the Claim Filing Deadline, but who wishes to object to the Settlement must notify the Court of his or her the objection, in writing, on or before the Claim Filing Deadlineas set forth in Section 10.2 below. 10.2 The Parties will request that the Court enter an order requiring any Settlement Class Member who wishes to be heard orally at the final approval hearing, or who wishes for any objection to be considered, to file a written notice of objection with the Court by the objection date contained in the Notice, as well as any notice of intention to appear at the final approval hearing. The objection must also be served on counsel of record by Objection Deadlinethe objection date. To state a valid objection to the Settlement, an objecting Settlement Class Member must personally sign the objection and provide the following information in connection with and as part of any objection: : (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Settlement Class; (iii) a statement of the position the objector wishes to assert, including the factual and legal grounds for the position and objection; and (iv) copies of any other documents that the objector wishes to submit in support of his/her/its position. In addition, the objecting Settlement Class Member must identify any previously filed objections to class action settlements filed by the Settlement Class Member and his/her/its counsel in any state or federal court. This listing must contain (i) the name of the case; (ii) the case number; (iii) the court in which the objection was filed; and (iv) the outcome of the objection. Subject to approval of the Court, any objecting Settlement Class Member may appear in person or by counsel at the final approval hearing held by the Court to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for attorneys’ fees, service awards, and reimbursement of reasonable litigation costs and expenses, and service awards. In this respectTo appear at the final approval hearing held by the Court, the objecting Settlement Class Member must file with the clerk of the Court, and serve on all counsel designated in the Notice, a notice of intention to appear by the objection deadline or on such other date that may be set forth in the Notice. The notice of intention to appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or his/her/its counsel) will present to the Court in connection with the Final Approval Hearingfinal approval hearing. Any Settlement Class Member who does not provide a notice of intention to appear in complete accordance with the deadlines and other specifications set out in the Notice, and who has not filed an objection in complete accordance with the deadlines and other specifications set forth in this Settlement and the Notice, subject to the approval of the Court, will be deemed to have waived any objections to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing. 10.2.1. The Settlement Administrator shall promptly post all objections to the Settlement Website so that Settlement Class Members will have the opportunity to present their views on the Attorneys’ Fees, Costs, and Expenses, Service Award, and any other aspect of the Settlement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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Objection Process. 10.1 67. A Settlement Class Member who wishes to object to any matter concerning the Settlement must notify the Court and the Parties’ counsel of his or her objection, in writing, on or before the Claim Filing Opt-Out/Objection Deadline, or other deadline set by the Court. All objections must be postmarked or otherwise received by the Opt-Out/Objection Deadline. 10.2 The Parties will request that the Court enter an order requiring any Settlement Class Member who wishes to be heard orally at the final approval hearing, or who wishes for any objection to be considered, to file a written notice of objection with the Court by the objection date contained in the Notice, as well as any notice of intention to appear at the final approval hearing. The objection must also be served on counsel of record by Objection Deadline68. To state a valid objection to the Settlement, an objecting Settlement Class Member must personally sign the objection and provide the following information in connection with and as part of any objection: it: (i) full name, current address, email address, and current telephone number; (ii) the case name and number of this Action, (iii) documentation sufficient to establish membership in the Settlement Class; (iiiiv) a statement of reasons for the position the objector wishes to assertobjection, including the factual and legal grounds for the position and objectionobjector’s position; and (ivv) copies of any other documents that the objector objecting Settlement Class Member wishes to submit in support of his/herher position, (vi) the identification of any other objections s/its positionhe has filed, or has had filed on his/her behalf, in any other class action cases in the last five years, and (vii) the objector’s signature. In additionIf represented by counsel, the objecting Settlement Class Member must identify any previously filed objections filed by also provide the Settlement Class Member name, email address, and telephone number of his/her/its counsel in any state or federal court. This listing must contain (i) the name of the case; (ii) the case number; (iii) the court in which the objection was filed; and (iv) the outcome of the objectionher counsel. 69. Subject to approval of the Court, any an objecting Settlement Class Member may may, but does not need to, appear in person or by counsel at the final approval hearing held by the Court to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for attorneys’ fees, reimbursement of reasonable litigation costs and expenses, and service awardsFinal Approval Hearing. In this respectTo do so, the objecting Settlement Class Member must file with the clerk of the Court, and serve on all counsel designated in the Notice, a notice of intention to appear by the objection Opt-Out/Objection Deadline, or other deadline or on such other date that may be set forth in by the NoticeCourt. The notice of intention to appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or his/her/its her counsel) will present to the Court in connection with the Final Approval Hearing. Any Unless otherwise ordered by the Court, any Settlement Class Member who does not timely provide a notice of intention to appear in complete accordance conformance with the deadlines and other specifications requirements set out in the Notice and Website Notice, and who has not timely filed an objection in complete accordance with the deadlines requirements set out in the Notice and other specifications set forth in this Settlement and the Website Notice, subject to the approval of the Court, will be deemed to have waived any objections objection to the Settlement and can be barred from speaking or otherwise presenting any views at the Final Approval Hearing. 10.2.170. Settlement Class Members cannot both object to and opt-out of this Settlement Agreement. The Settlement Administrator shall promptly post all objections attempt to contact any Settlement Class Member who submits both an objection and an opt-out request at least once by telephone or U.S. Mail to give the Settlement Website so that Class Member an opportunity to clarify whether they choose to opt-out or proceed with their objection. The Settlement Class Members will Member shall have until seven (7) days after the opportunity Opt- Out/Objection Deadline to present inform the Settlement Administrator regarding their views on the Attorneys’ Fees, Costs, final choice. Any Settlement Class Member who attempts to both object to and Expenses, Service Award, and any other aspect opt-out of the SettlementSettlement Agreement and fails to clarify their final choice, or if the Settlement Administrator is unable to contact such Settlement Class Member after reasonable effort as set forth in this paragraph, will be deemed to have opted out and will forfeit the right to object to this Settlement Agreement or any of its terms.

Appears in 1 contract

Samples: Settlement Agreement

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