Common use of Objections and Appearances Clause in Contracts

Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes to object to the Settlement, the Settlement benefits, Service Awards, and/or the Attorneys’ Fees and Expenses, or to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number of the Action; (ii) the name, address, telephone number of the objecting Settlement Class Member, and if represented by counsel, of his/her counsel; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally or through counsel. In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearing. Any Settlement Class Member who fails to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counsel.

Appears in 3 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

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Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any A Participating Settlement Class Member who wishes to complies with the requirements of this section may object to the Settlement, the Settlement benefits, Service Awards, and/or the Attorneys’ Fees Fee Application. No Participating Settlement Class Member shall be heard, and Expensesno papers, briefs, pleadings, or to appear at other documents submitted by any Participating Settlement Class Member shall be received and considered by the Final Approval Hearing Court unless the objection is postmarked and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate mailed to the Settlement ClassAdministrator by no later than 45 Days after the Notice Deadline (the “Objection Deadline”). For an objection to be considered by the Court, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why objection must also include all of the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as information set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials Paragraph 61 of the Settlement Class Member wishes the Court to considerAgreement, within forty-five (45) calendar days following the Notice Date. Any objection must include: which is as follows: (i) the case name and number of the Action; ; (ii) the name, address, telephone number of the objecting Participating Settlement Class Member’s full name, current mailing address, and if represented by counsel, of his/her counsel; telephone number; (iii) a statement of the specific grounds for the objection, as well as any documents supporting the objection; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the classSettlement Class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; Settlement Class; (v) a statement the identity of any attorneys representing the specific grounds for the objection; and objector; (vi) a list of all instances in the past 5 years in which he or she and his or her counsel objected to other proposed class action settlements; (vii) information identifying the objector as a Settlement Class Member, including proof that the objector is within the Settlement Class (e.g., copy of the Notice or a copy of the original notice of the Met Opera Data Security Incident); (viii) a statement of regarding whether the objecting Participating Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing, and if so, whether personally or through counsel. In addition to ; and (ix) the foregoing requirements, if an objecting signature of the Participating Settlement Class Member intends or the Participating Settlement Class Member’s attorney. Any Participating Settlement Class Member who fails to speak at comply with the provisions in this section may waive and forfeit any rights he or she may have to object, and shall be bound by all the terms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this matter, including, but not limited to, the releases included in the Settlement Agreement if the Final Approval Hearing (whether pro se or through an attorney)Order and Judgment is entered. Any Participating Settlement Class Member, the written objection must include including a detailed description of any evidence the objecting Participating Settlement Class Member who submits a timely written objection, as described above, may offer appear at the Final Approval Hearing, as well as copies of any exhibits either in person or through counsel hired at the objecting Participating Settlement Class Member may introduce at Member’s expense, to object to or comment on the fairness, reasonableness, or adequacy of the Settlement, or the Fee Application. If the Final Approval Hearing. Any Order and Judgment is entered, any Participating Settlement Class Member who fails to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objectionobjections in this Action or in any other proceeding or from challenging or opposing, shall not be permitted or seeking to object to reverse, vacate, or modify any terms or approval of the Settlement at the Final Approval HearingAgreement, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselFee Application.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections and Appearances. Any Settlement Class Member or counsel hired at any Class Member’s own expense who complies with the requirements of this paragraph may enter an appearance in object to any aspect of the Action, at their own expense, individually or through counsel of their own choice. If a Settlement proposed settlement. (a) Any Class Member does who has not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member filed a timely written request for exclusion and who wishes to object to the fairness, reasonableness, or adequacy of the Settlement Agreement, the proposed Settlement, the Settlement benefits, Service Awards, and/or the award of Attorneys’ Fees and Expenses, or the individual awards to appear at Plaintiffs, must deliver to the Final Class Counsel identified in the Class Notice and to New Balance’s Counsel, and file with the Court, no later than ninety-five (95) days after entry of the Preliminary Approval Hearing and show causeOrder, a written statement of objections, as well as the specific reason(s), if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the for each objection, together with including any briefs, papers, statements, or other materials legal support the Settlement Class Member wishes to bring to the Court Court’s attention and any evidence or other information the Class Member wishes to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number introduce in support of the Action; (ii) the nameobjections, address, telephone number of the objecting Settlement Class Member, and if represented by counsel, of his/her counsel; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the objecting Settlement Class Member intends to appear and argue at the Final Approval Fairness Hearing, and if solist the Class Member's purchase(s) of either Toning Shoes, whether personally or through counselbe forever barred from so objecting. In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), the written The objection must include proof of purchase of the Toning Shoes. Acceptable proof of purchase includes a detailed description cash register receipt, a credit card receipt or a credit card statement that sufficiently indicates the purchase of any evidence the objecting Settlement Toning Shoes. (b) Any Class Member who files and serves a written objection, as described above, may offer appear at the Final Approval Fairness Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce either in person or through personal counsel hired at the Final Class Member's expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of Attorneys' Fees and Expenses or awards to the individual Plaintiffs. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver a notice of intention to appear to one of the Class Counsel identified in the Class Notice and to New Balance's Counsel, and file said notice with the Court, no later than ninety-five (95) days after entry of the Preliminary Approval HearingOrder. Any Settlement Class Member who fails to object comply with the provisions in this section shall waive and forfeit any and all rights he or she may have to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant appear separately and/or to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearingobject, and shall be precluded from seeking any review of the Settlement or bound by all the terms of the Settlement Agreement Agreement, this Order, and by appeal or any other means. With leave of Court for good cause shownall proceedings, orders, and judgments, including, but not limited to, the Parties Release in the Settlement Agreement in the California Action and the Massachusetts Action. (c) Any interested party may take discovery of file a reply to any written objection, as described in Section 12.a. herein. A reply to an objector or an objector’s counselobjection must be served and filed no later than seven (7) days before the Fairness Hearing.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes to object to the Settlement, the Settlement benefitsBenefits, Service Awards, and/or the Attorneys’ Fees Fee Award and ExpensesCosts, or to appear at the Final Approval Fairness Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment final judgment should not be entered thereon, why the Settlement benefits Benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees Fee Award and Expenses Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member or other person will be heard on such matters unless they have filed in this Action Action, and served concurrently on Class Counsel and Defendants’ Counsel, the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member or other person wishes the Court to consider, within fortyseventy-five (4575) calendar days following the Notice Date. Any objection must include: (i) the case name and number of the Action; (ii) the objector’s full name, address, telephone number of number, and e-mail address (if any); (ii) information identifying the objecting objector as a Settlement Class Member, and including proof that the objector is a member of the Settlement Class (e.g., copy of settlement notice, copy of original notice of the Security Incident) if represented by counsel, of his/her counselavailable; (iii) a written statement of whether all grounds for the objection, accompanied by any legal support for the objection applies only to the objector, to a specific subset of the class, or to the entire classobjector believes applicable; (iv) the identity of all counsel representing the objector, if any; (v) the identity of all counsel representing the objector who will appear at the Final Fairness Hearing, if any; (vi) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection, if any; (vii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; (viii) the objector’s signature and the signature of the number objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation), if any; (ix) a list, by case name, court, and docket number, of times all other cases in which the objector (and, where applicable, objector’s directly or through counsel) has objected filed an objection to a any proposed class action settlement within the three years preceding last 3 years; (x) a list, by case name, court, and docket number, of all other cases in which the date that objector’s counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the objector files the objectionlast 3 years; and (xi) a list, along with the caption by case name, court, and docket number, of each case all other cases in which the objector has made such objection; (v) been a statement of the specific grounds for the objection; and (vi) named plaintiff in any class action or served as a statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally lead plaintiff or through counsel. In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearingclass representative. Any Settlement Class Member who fails to object to the Settlement does not make their objections in the manner described and by the date set forth in the Settlement Agreement and in the notice provided pursuant to the Notice Plan ¶ 14 of this Order shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, objections and shall be precluded forever barred from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal raising such objections in this or any other means. With leave action or proceeding, absent further order of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselCourt.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any A Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member (who does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes submit a timely written request for exclusion) desiring to object to the Settlement, Settlement Agreement may submit a timely written notice of his or her objection by the Objection Date and as stated in the Notice. The Long Notice shall instruct Settlement benefits, Service Awards, and/or the Attorneys’ Fees and Expenses, or Class Members who wish to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate object to the Settlement Class, why a Final Approval Order Agreement to file their objections with the Court and Judgment should not be entered thereon, why to mail copies to Class Counsel and Trussway’s counsel. The Notice shall advise Settlement Class Members of the deadline for submission of any objections—the “Objection Date.” Any such notices of an intent to object to the Settlement benefits should not Agreement must be approved, or why written and must include all of the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must includefollowing: (i) the case name and number of the Action; (ii) the objector’s full name, address, telephone number of number, and e-mail address (if any); (ii) information identifying the objecting objector as a Settlement Class Member, and if represented by counselincluding proof that the objector is a member of the Settlement Class (e.g., copy of his/her counselnotice, copy of original notice of the Data Incident); (iii) a written statement of whether all grounds for the objection, accompanied by any legal support for the objection applies only to the objector, to a specific subset of the class, or to the entire classobjector believes applicable; (iv) a statement the identity of the number of times in which any and all counsel representing the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along in connection with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of as to whether the objecting Settlement Class Member intends to objector and/or his or her counsel will appear at the Final Approval 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 if sodocket number, whether personally or through counselof 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. In addition To be timely, written notice of an objection in the appropriate form must contain the case name and docket number Flores et al. v. Trussway Manufacturing, LLC, Case No. 4:23-cv-02509 (the “Trussway Action”) and must be filed with the Clerk of Court by the Objection Date, which is no later than sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in the foregoing requirementsSettlement Agreement, if an objecting Settlement and served concurrently therewith upon Class Member intends to speak at Counsel and Trussway’s Counsel, postmarked by the Final Objection Date, established by this Preliminary Approval Hearing (whether pro se or through an attorney), Order and as stated in the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval HearingNotice. Any Settlement Class Member who fails to comply with the requirements for objecting shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval HearingAgreement, and shall be precluded from seeking any review of the Settlement or bound by all the terms of the Settlement Agreement and by appeal or all proceedings, orders, and judgments in the Litigation. The provisions stated ¶ 5.1 of the Settlement Agreement be the exclusive means for any other meanschallenge to the Settlement Agreement. With leave of Court for good cause shownAny challenge to the Settlement Agreement, the Parties may take discovery final order approving this Settlement Agreement, or the Final Order and Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of an objector or an objector’s counselAppellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any A Settlement Class Member who wishes to complies with the requirements of this paragraph may object to the Settlement, the Settlement benefits, Service Awards, and/or the Attorneys’ Fees and ExpensesAward Request, or the Fee Request. (a) Each Settlement Class Member desiring to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate object to the Settlement ClassAgreement shall submit a timely written notice of his or her objection. To be timely, why a Final written notice of an objection in the appropriate form must be postmarked to the Clerk of the Court at the address listed in the Notice, no later than 120 days after entry of the Preliminary Approval Order and Judgment should not (the “Objection Deadline”). For an objection to be entered thereonconsidered by the Court, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) also set forth: a. the case name and number of the Action; (ii) the objector’s full name, address, email address (if any), and telephone number of number; b. information identifying the objecting objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; c. the objector’s signature and if represented by counsel, the signature of his/her counsel; the objector’s duly authorized attorney or other duly authorized representative (iii) along with documentation setting forth such representation); d. a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; e. whether the objection applies only to the objectorSettlement Class Member, to a specific subset of the classSettlement Class, or to the entire class; (iv) Settlement Class; f. a statement of the number of times in which confirming whether the objector (intends to personally appear and/or testify at the Final Approval Hearing; and, where applicable, objector’s counsel) has objected to g. a list of all class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in agreements to which the objector has made such objection; lodged an objection within the last five (v5) a statement years. Any Settlement Class Member who fails to comply with the requirements for objecting in this Paragraph shall waive and forfeit any and all rights he or she may have to object to the Settlement Agreement, and shall be bound by all the terms of the specific grounds for Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this matter, including, but not limited to, the Release in the Settlement Agreement if Final Judgment is entered. Any Settlement Class Member, including a Settlement Class Member who files and serves a written objection; and (vi) a statement , as described above, may appear at the Final Approval Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to object to or comment on the fairness, reasonableness, or adequacy of whether the Settlement, the Service Award Request, or the Fee Request. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally or Hearing through counsel. In addition to , he or she must also identify the foregoing requirements, if an attorney(s) representing the objecting Settlement Class Member intends to speak who will appear at the Final Approval Hearing (whether pro se or through an attorney)and include the attorney(s) name, the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearingaddress, phone number, e-mail address, and state bar(s) to which counsel is admitted, as well as copies of the associated state bar numbers. If Final Judgment is entered, any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearing. Any Settlement Class Member who fails to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objectionobjections in this action or in any other proceeding or from challenging or opposing, shall not be permitted or seeking to object to reverse, vacate, or modify any terms or approval of the Settlement at Agreement, the Final Approval HearingService Award Request, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselFee Request.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any Settlement Class Member who complies with the requirements of this section may enter object to the Settlement, the Service Payments Request, and/or the Fee Request (an appearance in the Action, at their own expense, individually or through counsel “Objection”). No Objection of their own choice. If a any Settlement Class Member does not enter shall be heard and no papers, briefs, pleadings, or other documents submitted by any Settlement Class Member in support of an appearanceObjection shall be received and considered by the Court unless, they will be represented no later than ninety (90) days after the date this Order is entered, the Settlement Class Member files with the Clerk of the Court and serves on Settlement Class Counsel and Arby’s Counsel written notice of the Objection by electronic filing or by mail at the addresses listed in the Notice attached to the Settlement Agreement as Exhibit 4. Written notice of an Objection must include: (a) The name of this proceeding, In re Arby’s Restaurant Group, Inc. Data Security Litigation; (b) The full name, address, and telephone number of the Settlement Class CounselMember objecting; (c) A written statement of the Objection, as well as the specific reason(s), if any, for the Objection, including any legal or factual support the Settlement Class Member wishes to bring to the Court’s attention; (d) Any evidence or other information the Settlement Class Member wishes to introduce in support of the Objection; (e) A statement of whether the Settlement Class Member or its counsel intends to appear and argue at the Final Approval Hearing; (f) Evidence or other information showing that the Settlement Class Member is a member of the Settlement Class; and (g) The name, address, email address, telephone number, position, and signature of a person authorized to make such decisions for the Settlement Class Member. Any Settlement Class Member who wishes retains an attorney to object to prepare the Settlement, the Settlement benefits, Service Awards, required written notice of an Objection and/or the Attorneys’ Fees and Expenses, or who intends to appear at the Final Approval Hearing through counsel must, in addition to the information stated above, include in the written notice of such Objection: (a) The attorney’s experience with class actions, including the capacity in which the attorney participated in each class action (e.g., plaintiffs’, defendants’, or objectors’ counsel) and show causethe outcome of each case; and (b) Each case in which the attorney has previously represented an objector in a class action, if any, why the Settlement should not be approved as fair, reasonabledisposition or effect that any objection had on each class action case, and adequate to whether the Settlement Classattorney was paid for each case that was voluntarily dismissed, why a Final Approval Order and Judgment should not be entered thereonat any time, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraphincluding on appeal. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials Regardless of whether the Settlement Class Member wishes employs an attorney to prepare the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number required written notice of the Action; (ii) the name, address, telephone number of the objecting such Settlement Class Member’s Objection, and if represented by counsel, the Settlement Class Member must sign the written notice of his/her counsel; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date such Objection as an attestation that the objector files Settlement Class Member has fully reviewed such written notice of Objection. Any Settlement Class Member filing written notice of an Objection must make itself available to sit for a deposition regarding matters concerning the objectionObjection and must provide, along with the caption of each case in which its Objection, dates when the objector has made such objection; will be available to be deposed from the date when the Objection is filed through the date seven (v7) a statement of the specific grounds for the objection; and (vi) a statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally or through counsel. In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at days before the Final Approval Hearing. Any Settlement Class Member who that fails to comply with the provisions in this Section 11 of this Order shall waive and forfeit any and all rights it may have to make an Objection. Any Settlement Class Member that files and serves written notice of an Objection as described above may appear at the Final Approval Hearing, either through an authorized representative or through counsel hired at the Settlement Class Member’s expense, to object to or comment on the fairness, reasonableness, or adequacy of the Settlement, the Service Payments Request, and/or the Fee Request on the grounds set forth in such written notice. The Settlement Class Member must serve a notice of intention to appear on Settlement Class Counsel and on Arby’s Counsel and must file said notice with the Court, either via electronic filing or by mail at the addresses provided in the Notice no later than ninety (90) days after entry of the Preliminary Approval Order. If the Final Judgment is entered, any Settlement Class Member that fails to make an Objection in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan prescribed herein shall be deemed to have waived its Objections and shall be forever barred from making any such objectionObjections related to the Financial Institutions Complaint or in any other proceeding and from challenging or opposing, shall not be permitted or seeking to object to reverse, vacate, or modify, the Final Judgment or any terms or aspect thereof, including any approval in the Final Judgment of the Settlement at the Final Approval Hearing, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shownAgreement, the Parties may take discovery of an objector or an objector’s counselService Payments Request, and/or the Fee Request.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any A Settlement Class Member who complies with the requirements of this Paragraph may enter an appearance object to the Settlement, the Incentive Award Request, or the Fee Request. No Settlement Class Member shall be heard, and no papers, briefs, pleadings, or other documents submitted by any Settlement Class Member shall be received and considered by the Court, unless the objection is (a) electronically filed with the Court by the Objection Date as set forth in the ActionSettlement Agreement; or (b) mailed first-class postage prepaid to the Clerk of Court, Settlement Class Counsel, and Defendant’s Counsel at their own expensethe addresses listed in the Notice, individually or through counsel and postmarked by no later than the Objection Date set forth in the Settlement Agreement, and as specified in the Notice. For an objection to be considered by the Court, the objection must also include all of their own choice. If the information set forth in Paragraph 7.1 of the Settlement Agreement, which is as follows: a. The objector’s full name, current address, telephone number, and email address (if any); b. The Settlement Class Member’s original signature; c. Information identifying the objector as a Settlement Class Member, including proof that the objector is within the Settlement Class (e.g., copy of Notice or copy of original notice of the Data Incident); d. A statement of all grounds for the objection, including any legal support for the objection that the objector believes applicable; e. Identification of all counsel representing the objector; f. Whether the objector and/or his or her counsel will appear at the Final Approval Hearing; g. The signature of the objector’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation; h. A list, including 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 in the past three (3) years; and i. Copies of any documents that the objecting Settlement Class Member does not enter an appearance, they will be represented by Class Counselwishes to submit in support of his or her position. Any Settlement Class Member who wishes fails to object comply with the provisions in this Paragraph may waive and forfeit any and all rights he or she may have to object, and shall be bound by all the Settlementterms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this matter, including, but not limited to, the release in the Settlement benefitsAgreement if the Final Order and Judgment is entered. Any Settlement Class Member, Service Awardsincluding a Settlement Class Member who files and serves a written objection, and/or the Attorneys’ Fees and Expensesas described above, or to may appear at the Final Approval Hearing and show causeHearing, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, either in person or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials through counsel hired at the Settlement Class Member wishes Member’s expense, to object to or comment on the Court to considerfairness, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number reasonableness, or adequacy of the Action; (ii) Settlement, the name, address, telephone number of the objecting Settlement Class Member, and if represented by counsel, of his/her counsel; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the classIncentive Award Request, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the Fee Request. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file a notice of appearance with the Court (as well as serve on Settlement Class Counsel and if so, whether personally or through counselDefendant’s Counsel) by the Objection Date. In addition to If the foregoing requirements, if an objecting Settlement Class Member intends to speak appear at the Final Approval Hearing (whether pro se through counsel, he or through an attorney), she must also identify the written objection must include a detailed description of any evidence attorney(s) representing the objecting Settlement Class Member may offer who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers, and a list identifying all objections such counsel has filed to class action settlements in the past three (3) years, the results of each objection, any court opinions ruling on the objections, and any sanctions issued by a court in connection with objections filed by such attorney. If the objecting Settlement Class Member intends to request the Court for permission to call witnesses at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce must provide a list of any such witnesses together with a brief summary of each witness’s expected testimony at least thirty (30) Days before the Final Approval Hearing. Any If the Final Order and Judgment is entered, any Settlement Class Member who fails to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objectionobjections in this action or in any other proceeding or from challenging or opposing, shall not be permitted or seeking to object to reverse, vacate, or modify any terms or approval of the Settlement at Agreement, the Final Approval HearingIncentive Award Request, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselFee Request.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any A Settlement Class Member who wishes to complies with the requirements of this paragraph may object to the Settlement, the Settlement benefits, Service Awards, and/or the Attorneys’ Fees and ExpensesFee Request, or to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may Award Request. To do so, but the objection must proceed as be sent to the Claims Administrator at the address specified in the Summary and Long Form Notices, and must be postmarked no later than sixty (60) days from the Notice Deadline (the “Objection Deadline”). For an objection to be considered by the Court, the objection must include all of the information set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials Paragraph 6.2 of the Settlement Class Member wishes Agreement, which is as follows: i. the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number of the Action; (ii) the objector’s full name, address, telephone number of the objecting Settlement Class Membernumber, and email address (if represented by counsel, of his/her counsel; (iii) any); ii. a clear and detailed written statement of whether that identifies the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement basis of the specific grounds for objection that the objection; and (vi) a statement of whether the objecting Settlement Class Member asserts; iii. the identity of any counsel representing the objector; iv. a statement whether the objector intends to appear at the Final Approval Hearing, and if so, whether personally either in person or through counsel. In addition to the foregoing requirements, and, if an objecting Settlement Class Member intends to speak at through counsel, identifying that counsel; v. the Final Approval Hearing objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (whether pro se or through an attorneyif any), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearing. Any Settlement Class Member who fails to comply with the provisions in this Paragraph may waive and forfeit any and all rights he or she may have to object to and shall be bound by all of the terms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this matter, including, but not limited to, the manner described release in the Settlement Agreement if Final Order and Judgment is entered. Any Settlement Class Member, including a Settlement Class Member who files and serves a written objection as described above may appear at the Final Approval Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to comment on the fairness, reasonableness, or adequacy of the Settlement, the Service Award Request, or the Fee Request. If Final Order and Judgment is entered, any Settlement Class Member who fails to object in the notice provided pursuant to the Notice Plan manner prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objectionobjections in this action or in any other proceeding or from challenging or opposing, shall not be permitted or seeking to object to reverse, vacate, or modify any terms or approval of the Settlement at Agreement, the Final Approval HearingService Award Request, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselFee Request.

Appears in 1 contract

Samples: Class Settlement Agreement

Objections and Appearances. Any A Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member (who does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes submit a timely written request for exclusion) desiring to object to the Settlement, Settlement Agreement may submit a timely written objection by the Objection Deadline and as stated in the Notice. The Notice shall instruct Settlement benefits, Service Awards, and/or the Attorneys’ Fees and Expenses, or Class Members who wish to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate object to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why Agreement to file their objections with the Court. The Notice also shall advise Settlement Class Members of the deadline DocuSign Envelope ID: EC01DBF8-B3E8-430E-B0BE-C81D735AA71D for submission of any objections—the “Objection Deadline.” Any such objections to the Settlement benefits should not Agreement must be approved, or why written and must include all of the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must includefollowing: (i) the case name and number of the Action; (ii) the name, address, telephone number of state the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if represented by counsel, of his/her counselany); (ii) contain the objecting Settlement Class Member’s original signature; (iii) set forth information identifying the objector as a statement of whether Settlement Class Member, including proof that the objection applies only to objector is within the objectorSettlement Class (e.g., to a specific subset copy of the class, Notice or to copy of original notice of the entire classData Security Incident); (iv) set forth a statement of all grounds for the number of times in which objection, including any legal support for the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date objection that the objector files the objection, along with the caption of each case in which the objector has made such objectionbelieves applicable; (v) a statement of identify all counsel representing the specific grounds for the objectionobjector; and (vi) a statement of state whether the objecting Settlement Class Member intends to objector and/or his or her counsel will appear at the Final Approval Hearing, and and; (vii) contain the signature of the objector’s duly authorized attorney or other duly authorized representative (if so, whether personally or through counsel. In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorneyany), the along with documentation setting forth such representation. To be timely, written notice of an objection must include a detailed description be filed with the Clerk of any evidence Court by the objecting Settlement Class Member may offer at Objection Deadline, which is no later than sixty (60) days from the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval HearingNotice Deadline. Any Settlement Class Member who fails to comply with the requirements for objecting shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement in Agreement, shall be bound by all the manner described in terms of the Settlement Agreement and by all proceedings, orders, and judgments in the notice provided pursuant to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval HearingAction, and shall be precluded from seeking any review of the Settlement Agreement and/or Final Approval Order and Judgment by appeal or the terms other means. The provisions stated in Paragraph 87 of the Settlement Agreement by appeal or shall be the exclusive means for any other meanschallenge to the Settlement Agreement. With leave of Court for good cause shownAny challenge to the Settlement Agreement, the Parties may take discovery final order approving this Settlement Agreement, or the Final Order and Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of an objector or an objector’s counselAppellate Procedure DocuSign Envelope ID: EC01DBF8-B3E8-430E-B0BE-C81D735AA71D and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any A Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member (who does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes submit a timely written request for exclusion) desiring to object to the Settlement, Settlement Agreement may submit a timely written notice of his or her objection by the Objection Deadline and as stated in the Postcard Notice and Long Form Notice. The Long Form Notice and the Settlement benefits, Service Awards, and/or the Attorneys’ Fees and Expenses, or Website shall instruct Settlement Class Members who wish to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate object to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why Agreement to send their written objections to the Claims Administrator at the address indicated in the Long Form Notice. The Long Form Notice shall advise Settlement Class Members of the deadline for submission of any objections—the Objection Deadline—which is no later than sixty (60) days after the Notice Deadline. Any such notices of an intent to object to the Settlement benefits should not Agreement must be approved, or why the Service Awards and/or the Attorneys’ Fees written and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number of the Actionproceeding; (ii) the name, address, telephone number of the objecting Settlement Class Member’s full name, current mailing address, and if represented by counsel, of his/her counseltelephone number; (iii) a statement of that states with specificity the grounds for the objection, as well as any documents supporting the objection; (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; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement the identity of any attorneys representing the specific grounds for the objectionobjector; and (vi) a statement of regarding whether the objecting Settlement Class Member (or his/her/their attorney) intends to appear at the Final Approval Hearing, ; and if so, whether personally or through counsel. In addition to (vii) the foregoing requirements, if an objecting signature of the Settlement Class Member intends to speak at or the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval HearingMember’s attorney. Any Settlement Class Member who fails to comply with the requirements for objecting shall waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval HearingAgreement, and shall be precluded from seeking any review of the Settlement or bound by all the terms of the Settlement Agreement and by appeal or all proceedings, orders, and judgments in the Action. The provisions stated in Section X of the Settlement Agreement shall be the exclusive means for any other meanschallenge to the Settlement Agreement. With leave of Court for good cause shownAny challenge to the Settlement Agreement, the Parties may take discovery final order approving this Settlement Agreement, or the Final Order and Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of an objector or an objector’s counselAppellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes to object to the Settlement, the Settlement benefitsBenefits, Service Awards, and/or the Attorneys’ Fees Fee Award and ExpensesCosts, or to appear at the Final Approval Fairness Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment final judgment should not be entered thereon, why the Settlement benefits Benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees Fee Award and Expenses Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member or other person wishes the Court to consider, within forty-five ninety (4590) calendar days following the Notice Date. Any objection must include: (i) the case name Settlement Class Member’s full name, current mailing address, and number of the Actiontelephone number; (ii) the name, address, telephone number a signed statement that he or she believes himself or herself to be a member of the objecting Settlement Class Member, and if represented by counsel, of his/her counselClass; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; (iv) all documents or writings that the Settlement Class Member desires the Court to consider; and (viv) a statement regarding whether they (or counsel of whether the objecting Settlement Class Member intends their choosing) intend to appear at the Final Approval Hearing, and if so, whether personally or through counsel. In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval Fairness Hearing. Any Settlement Class Member who fails to object to the Settlement does not make their objections in the manner described and by the date set forth in the Settlement Agreement and in the notice provided pursuant to the Notice Plan ¶ 14 of this Order shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, objections and shall be precluded forever barred from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal raising such objections in this or any other means. With leave action or proceeding, absent further order of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselCourt.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any A Settlement Class Member who complies with the requirements of this Paragraph may enter an appearance object to the Settlement, the Incentive Award Request, or the Electronically Filed - Xxxxxxx - Kansas City - December 30, 2020 - 01:40 PM Fee Request. No Settlement Class Member shall be heard, and no papers, briefs, pleadings, or other documents submitted by any Settlement Class Member shall be received and considered by the Court, unless the objection is (a) electronically filed with the Court by the Objection Date; or (b) mailed first-class postage prepaid to the Clerk of Court, Settlement Class Counsel, and Defendant’s Counsel at the addresses listed in the ActionNotice, at their own expenseand postmarked by no later than the Objection Date, individually or through counsel as specified in the Notice. For an objection to be considered by the Court, the objection must also include all of their own choice. If the information set forth in Paragraph 7.1 of the Settlement Agreement, which is as follows: a. The objector’s full name, current address, telephone number, and email address (if any); b. The Settlement Class Member’s original signature; c. Information identifying the objector as a Settlement Class Member, including proof that the objector is within the Settlement Class (e.g., copy of Notice or copy of original notice of the Laptop Incident); d. A statement of all grounds for the objection, including any legal support for the objection that the objector believes applicable; e. Identification of all counsel representing the objector; f. Whether the objector and/or his or her counsel will appear at the Final Approval Hearing; g. The signature of the objector’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation; h. A list, including 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 in the past three (3) years; and i. Copies of any documents that the objecting Settlement Class Member does not enter an appearance, they will be represented by Class Counselwishes to submit in support of his or her position. Any Settlement Class Member who wishes fails to object comply with the provisions in this Paragraph Electronically Filed - Xxxxxxx - Kansas City - December 30, 2020 - 01:40 PM may waive and forfeit any and all rights he or she may have to object, and shall be bound by all the Settlementterms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this matter, including, but not limited to, the release in the Settlement benefitsAgreement if the Final Order and Judgment is entered. Any Settlement Class Member, Service Awardsincluding a Settlement Class Member who files and serves a written objection, and/or the Attorneys’ Fees and Expensesas described above, or to may appear at the Final Approval Hearing and show causeHearing, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, either in person or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials through counsel hired at the Settlement Class Member wishes Member’s expense, to object to or comment on the Court to considerfairness, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number reasonableness, or adequacy of the Action; (ii) Settlement, the name, address, telephone number of the objecting Settlement Class Member, and if represented by counsel, of his/her counsel; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the classIncentive Award Request, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the Fee Request. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file a notice of appearance with the Court (as well as serve on Settlement Class Counsel and if so, whether personally or through counselDefendant’s Counsel) by the Objection Date. In addition to If the foregoing requirements, if an objecting Settlement Class Member intends to speak appear at the Final Approval Hearing (whether pro se through counsel, he or through an attorney), she must also identify the written objection must include a detailed description of any evidence attorney(s) representing the objecting Settlement Class Member may offer who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers, and a list identifying all objections such counsel has filed to class action settlements in the past three (3) years, the results of each objection, any court opinions ruling on the objections, and any sanctions issued by a court in connection with objections filed by such attorney. If the objecting Settlement Class Member intends to request the Court for permission to call witnesses at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce must provide a list of any such witnesses together with a brief summary of each witness’s expected testimony at least sixty (60) Days before the Final Approval Hearing. Any If the Final Order and Judgment is entered, any Settlement Class Member who fails to Electronically Filed - Xxxxxxx - Kansas City - December 30, 2020 - 01:40 PM object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objectionobjections in this action or in any other proceeding or from challenging or opposing, shall not be permitted or seeking to object to reverse, vacate, or modify any terms or approval of the Settlement at Agreement, the Final Approval HearingIncentive Award Request, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselFee Request.

Appears in 1 contract

Samples: Settlement Agreement

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Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes intends to object to the Settlement, fairness of the Settlement benefits, Service Awards, and/or must do so in writing no later than the Attorneys’ Fees and Expenses, or to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Objection Date. Any objection must be in writing, signed by the Settlement Class Member (and his or her attorney, if individually represented), and filed with the Court, with a copy delivered to Class Counsel and Defendant’s Counsel at the addresses set forth in the Class Notice, no later than the Objection Date. The written objection must include: (ia) the case name and number of a heading which refers to the Action; (iib) the objector’s name, address, telephone number of the objecting Settlement Class Memberand, and if represented by counsel, of his/her counsel; (iiic) a declaration submitted under penalty of perjury that the objector purchased the Products during the period of time described in the Settlement Class definition or receipt(s) reflecting such purchase(s); (d) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally either in person or through counsel; (e) a statement of the objection and the grounds supporting the objection; (f) copies of any papers, briefs, or other documents upon which the objection is based; (g) the name and case number of all objections to class action settlements made by the objector in the past five (5) years; and (h) the objector’s signature. In addition to the foregoing requirements, if an objecting Any Settlement Class Member intends to speak at who files and serves a written objection, as described in the Final Approval Hearing (whether pro se or through an attorney)preceding Section, the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer appear at the Final Approval Hearing, as well as copies of any exhibits either in person or through counsel hired at the objecting Settlement Class Member may introduce Member’s expense, to object to any aspect of the fairness, reasonableness, or adequacy of this Agreement, including Attorneys’ Fees and Expenses and Class Representative Incentive Awards. Settlement Class Members or their attorneys who intend to make an appearance at the Final Approval Hearing must serve a notice of intention to appear on the Class Counsel identified in the Class Notice, and to Defendant’s Counsel, and file the notice of appearance with the Court, no later than twenty (21) days before the Final Approval Hearing, or as the Court may otherwise direct. Any Settlement Class Member who fails to object to the Settlement in the manner described in comply with Section VI.6.2 of the Settlement Agreement shall waive and forfeit any and all rights he or she may have to appear separately and/or to object, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments in the notice provided pursuant Action, including, but not limited to, the Released Claims and the releases in Section VII of the Agreement. Class Counsel shall have the right, and Defendant shall reserve its right, to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object respond to any terms or approval of the Settlement at objection no later than seven (7) days before the Final Approval Hearing. The Party so responding shall file a copy of the response with the Court and shall serve a copy, by regular mail, hand or overnight delivery, to the objecting Settlement Class Member or to the individually-hired attorney for the objecting Settlement Class Member, to all Class Counsel, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objectorto Defendant’s counselCounsel.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any A Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member (who does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes submit a timely written request for exclusion) desiring to object to the Settlement, Settlement Agreement may submit a timely written notice of his or her objection by the Objection Date and as stated in the Notice. The Long Notice and the Settlement benefits, Service Awards, and/or the Attorneys’ Fees and Expenses, or Website shall instruct Settlement Class Members who wish to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate object to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why Agreement to send their written objections to the Settlement benefits should not Administrator at the address indicated in the Long Notice, and to file their Objection with this Court. The Notice shall advise Settlement Class Members of the deadline for submission of any objections—the “Objection Date.” Any such notices of an intent to object to the Settlement Agreement must be approved, or why the Service Awards and/or the Attorneys’ Fees written and Expenses should not be granted, may do so, but must proceed as (a) set forth in this paragraph. No the Settlement Class Member’s full name, current address, telephone number; (b) contain the Settlement Class Member’s original signature; (c) state that the Settlement Class Member will be heard on such matters unless they have filed objects to the Settlement in this Action whole or in part; (d) set forth a statement of the objection, together with legal and factual basis for the Objection; and (e) provide copies of any briefs, papers, statements, or other materials documents that the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number of the Action; (ii) the name, address, telephone number of the objecting Settlement Class Member, and if represented by counsel, submit in support of his/her counsel; (iii) a statement of whether position. An objecting Settlement Class Member has the objection applies only to right, but is not required to, attend the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if soeither with or without counsel, whether personally he or through counsel. In addition to she must also file a notice of appearance with the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval HearingCourt, as well as copies of any exhibits serve notice on Class Counsel and Defendants’ Counsel by the objecting Settlement Class Member may introduce at the Final Approval HearingObjection Deadline. Any Settlement Class Member who fails to comply with the requirements for objecting shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be precluded from seeking any review of the Settlement or bound by all the terms of the Settlement Agreement and by appeal or all proceedings, orders, and judgments in the Litigation. The provisions stated in the Settlement Agreement shall be the exclusive means for any other meanschallenge to the Settlement Agreement. With leave of Court for good cause shownAny challenge to the Settlement Agreement, the Parties may take discovery final order approving this Settlement Agreement, or the Final Order and Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of an objector or an objector’s counselAppellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes intends to object to the Settlement, fairness of the Settlement benefits, Service Awards, and/or must do so in writing no later than the Attorneys’ Fees and Expenses, or to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Objection Date. Any objection must be in writing, signed by the Settlement Class Member (and his or her attorney, if individually represented), and filed with the Court, with a copy delivered to Class Counsel and Defendants’ Counsel at the addresses set forth in the Class Notice, no later than the Objection Date. The written objection must include: (ia) the case name and number of a heading which refers to the Action; (iib) the objector’s name, address, telephone number of the objecting Settlement Class Memberand, and if represented by counsel, of his/her counsel; (iiic) a declaration submitted under penalty of perjury that the objector purchased Covered Products during the period of time described in the Settlement Class definition or receipt(s) reflecting such purchase(s); (d) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally either in person or through counsel; (e) a statement of the objection and the grounds supporting the objection; (f) copies of any papers, briefs, or other documents upon which the objection is based; (g) the name and case number of all objections to class action settlements made by the objector in the past five (5) years; and (h) the objector’s signature. In addition to the foregoing requirements, if an objecting Any Settlement Class Member intends to speak at who files and serves a written objection, as described in the Final Approval Hearing (whether pro se or through an attorney)preceding Section, the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer appear at the Final Approval Hearing, as well as copies of any exhibits either in person or through counsel hired at the objecting Settlement Class Member may introduce Member’s expense, to object to any aspect of the fairness, reasonableness, or adequacy of this Agreement, including Attorneys’ Fees and Expenses and Service Awards. Settlement Class Members or their attorneys who intend to make an appearance at the Final Approval Hearing must serve a notice of intention to appear on the Class Counsel identified in the Class Notice, and to Defendants’ Counsel, and file the notice of appearance with the Court, no later than twenty (20) days before the Final Approval Hearing, or as the Court may otherwise direct. Any Settlement Class Member who fails to object comply with Section VI.A of the Agreement shall waive and forfeit any and all rights he or she may have to appear separately and/or to object, and shall be bound by all the Settlement terms of this Agreement and by all proceedings, orders and judgments, including, but not limited to, the Release, in the manner described in Action. Class Counsel shall have the Settlement Agreement right, and in the notice provided pursuant Defendants shall reserve their right to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object respond to any terms or approval of the Settlement at objection no later than seven (7) days before the Final Approval Hearing, . The Party so responding shall file a copy of the response with the Court and shall be precluded from seeking any review of serve a copy, by regular mail, hand or overnight delivery, to the objecting Settlement Class Member or to the terms of individually-hired attorney for the objecting Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselClass Member; to all class Counsel; and Defendants’ Counsel.

Appears in 1 contract

Samples: Joint Stipulation of Settlement

Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member who does not enter an appearance, they will be represented by Class Counselsubmit a valid request for exclusion from the Settlement Classes and who complies with the requirements of this Order and the Agreement may object to the proposed Settlement. Any Settlement Class Member who wishes to object to the SettlementSettlement must do so in a writing filed with the Clerk of Court, and a copy mailed to the Administrator at the address identified in the Class Notice and on the Settlement benefitswebsite, Service Awardsa written statement of objection in accordance with the requirements set forth below and in the Agreement, and/or postmarked no later than , 2022 (30 days before the Attorneys’ Fees Final Approval hearing) (“the Objection Deadline”). 11.1 A valid written objection must include: (a) the case name and Expensesnumber; (b) the name and address of the objecting Class Member and of counsel, if represented; and (c) the basis for the objection. These requirements shall also be set forth in the Class Notice and on the Settlement website. 11.2 Subject to approval of the Court, any Class Member who files and serves a timely written objection may appear, in person or to appear by counsel, at the Final Approval Hearing and Hearing, to show cause, if any, cause why the proposed Settlement should not be approved as fair, adequate, and reasonable, and adequate to but only if the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why objecting Class Member: (a) files with the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes Clerk of the Court to consider, within forty-five (45) calendar days following by the Notice Date. Any objection must include: (i) the case name and number Objection Deadline a notice of the Action; (ii) the name, address, telephone number of the objecting Settlement Class Member, and if represented by counsel, of his/her counsel; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the objecting Settlement Class Member intends intention to appear at the Final Approval Hearing, and if so, whether personally or through counsel. In addition (b) mails copies of the notice to the foregoing requirementsAdministrator, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), address set forth in the written objection Class Notice and on the Settlement website. The notice must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits papers, exhibits, or other evidence that the objecting Settlement Class Member may introduce at will present to the Court in connection with the Final Approval Hearing. Any Settlement Class Member who does not file a notice of intention to appear in accordance with the deadlines and other requirements of this Order and the Agreement shall not be entitled to appear at the Final Approval Hearing. 11.3 Any Class Member who fails to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan this Order shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be precluded foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counsel.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any A Settlement Class Member who complies with the requirements of this paragraph may enter an appearance in object to the ActionSettlement, at their own expensethe Incentive Award Request, individually or through counsel of their own choicethe Fee Request. If a No Settlement Class Member does not enter shall be heard, and no papers, briefs, pleadings, or other documents submitted by any Settlement Class Member shall be received and considered by the Court, unless the objection is (a) filed with the Court by the Objection Date; and (b) mailed to Settlement Class Counsel and Defendant’s Counsel at the addresses listed in the Notice, postmarked on or before the close of the Opt-Out/Objection Period, as specified by the Notice. For an appearanceobjection to be considered by the Court, they will be represented by Class Counselthe objection must also include all of the information set forth in Paragraph 12 of the Settlement Agreement, which is as follows: (i) the title of the case; (ii) the class member’s name, address, and telephone number; (iii) the approximate date when the class member was a patient at an IvyRehab facility; (iv) all legal and factual bases for any objection; and (v) copies of any documents that the class member wants the Court to consider. Any Settlement Class Member who wishes fails to object comply with the provisions in this Section shall waive and forfeit any and all rights he or she may have to object, and shall be bound by all the Settlementterms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this matter, including, but not limited to, the Settlement benefits, Service Awards, and/or the Attorneys’ Fees and Expenses, or to appear at the Final Approval Hearing and show cause, if any, why Release in the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Agreement if Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraphis entered. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number of the Action; (ii) the name, address, telephone number of the objecting Settlement Class Member, and if represented by counsel, of his/her counsel; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether If the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he/she must state as such in the written objection, and if so, whether personally or through counsel. In addition must also identify any witnesses he/she may call to the foregoing requirements, if an objecting Settlement Class Member intends to speak testify at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any and all exhibits he/she intends to introduce into evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of which must also be attached to, or included with, the written objection. If Final Order and Judgment is entered, any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearing. Any Settlement Class Member who fails to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objectionobjections in this action or in any other proceeding or from challenging or opposing, shall not be permitted or seeking to object to reverse, vacate, or modify any terms or approval of the Settlement at Agreement, the Final Approval HearingIncentive Award Request, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselFee Request.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any A Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member (who does not enter an appearance, they will be represented by Class Counsel. Any Settlement Class Member who wishes submit a timely written request for exclusion) desiring to object to the Settlement, Settlement Agreement may submit a timely written notice of his or her objection by the Objection Date and as stated in the Notice. The Long Notice shall instruct Settlement benefits, Service Awards, and/or the Attorneys’ Fees and Expenses, or Class Members who wish to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate object to the Settlement Class, why a Final Approval Order Agreement to file their objections with the Court and Judgment should not be entered thereon, why with copies mailed or hand-delivered to Class Counsel and Defendant’s counsel. The Notice shall advise Settlement Class Members of the deadline for submission of any objections—the “Objection Date.” Any such notices of an intent to object to the Settlement benefits should not Agreement must be approved, or why written and must include all of the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must includefollowing: (i) the case name and number of the Action; (ii) the name, address, telephone number of state the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if represented by counsel, of his/her counselany); (ii) contain the objecting Settlement Class Member’s original signature; (iii) set forth information identifying the objector as a statement of whether Settlement Class Member, including proof that the objection applies only to objector is within the objectorSettlement Class (e.g., to a specific subset copy of the class, Notice or to copy of original notice of the entire classData Security Incident); (iv) set forth a statement of all grounds for the number of times in which objection, including any legal support for the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date objection that the objector files the objection, along with the caption of each case in which the objector has made such objectionbelieves applicable; (v) a statement of identify all counsel representing the specific grounds for the objectionobjector; and (vi) a statement of state whether the objecting Settlement Class Member intends to objector and/or his or her counsel will appear at the Final Approval Hearing, and and; (vii) contain the signature of the objector’s duly authorized attorney or other duly authorized representative (if soany), whether personally or through counselalong with documentation setting forth such representation. In addition To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of Court by the Objection Date, which is no later than sixty (60) days from the date on which notice program commences pursuant to the foregoing requirementsSettlement Agreement, if an objecting Settlement and served concurrently therewith upon Class Member intends to speak at Counsel and Defendant’s Counsel, postmarked by the Final Objection Date, established by this Preliminary Approval Hearing (whether pro se or through an attorney), Order and as stated in the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval HearingNotice. Any Settlement Class Member who fails to comply with the requirements for objecting shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval HearingAgreement, and shall be precluded from seeking any review of the Settlement or bound by all the terms of the Settlement Agreement and by appeal or all proceedings, orders, and judgments in the Litigation. The provisions stated in Section 7 of the Settlement Agreement be the exclusive means for any other meanschallenge to the Settlement Agreement. With leave of Court for good cause shownAny challenge to the Settlement Agreement, the Parties may take discovery final order approving this Settlement Agreement, or the Final Order and Judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of an objector or an objector’s counselAppellate Procedure and not through a collateral attack.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any Settlement Class Member who has not submitted a timely and valid Opt-Out Statement and who complies with the requirements below may enter an appearance in object to any aspect of the Action, at their proposed settlement either on her own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counselattorney hired at her expense. Any Settlement Class Member who wishes to object present objections to the Settlement at the Final Approval Hearing must first do so in a written statement (“Notice of Objection”). (a) To be valid, the Notice of Objection must contain the full name, address, and telephone number of the Settlement Class Member, and must be physically signed by the Settlement Class Member. The Notice of Objection must contain a written statement setting out the basis for the objection, with any supporting facts or law. To be considered, the Notice of Objection must be mailed or emailed to the Settlement Administrator no later than forty-five (45) days after the date the Notice was first sent. The postmark or email date of the Notice of Objection shall be the exclusive means for determining that a Notice of Objection is timely. Settlement Class Members who fail to make objections in the manner specified herein shall be deemed to have waived any objections and shall be barred from making any objection (whether by appeal or otherwise) to the Settlement, the . (b) An objecting Settlement benefits, Service Awards, and/or the Attorneys’ Fees and Expenses, or Class Member who wishes to appear at the Final Approval Hearing and show cause, if any, why must file with the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraph. No Settlement Class Member will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Settlement Class Member wishes Clerk of the Court to consider, within forty-five (45) calendar days following the Notice Date. Any objection must include: (i) the case name and number of the Action; (ii) the name, address, telephone number of the objecting Settlement Class Member, and if represented by counsel, of his/her counsel; (iii) a statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement of the specific grounds for the objection; and (vi) a statement of whether the objecting Settlement Class Member intends she/they intend to appear at the Final Approval Hearing, and if so, whether personally or through counsel. In addition Hearing (“Notice of Intention to the foregoing requirements, if an objecting Settlement Class Member intends Appear”) no later twenty-one (21) days prior to speak at the Final Approval Hearing (whether pro se or through an attorney), the written objection Hearing. The Notice of Intention to Appear must include a detailed description copies of any documents, exhibits, or other evidence that the objecting Settlement Class Member may offer at (or her/their counsel) propose to present to the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce Court at the Final Approval Hearing. Any objecting Settlement Class Member who does not provide a timely and valid Notice of Intention to Appear consistent with these requirements and any other requirements 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 section and the Notice, may be barred from being heard at the Final Approval Hearing subject to the Court’s discretion. Any objecting Settlement Class Member may withdraw her objection at any time by mailing or emailing the Settlement Administrator. (c) Any lawyer representing an objecting Settlement Class Member for the purpose of raising an objection to the Settlement must file a Notice of Appearance with the Court no later than twenty-one (21) days prior to the Final Approval Hearing and must also serve copies of the Notice of Appearance and copies of any documents, exhibits, or other evidence that the objecting Settlement Class Member proposes to present to the Court at the Final Approval Hearing by email to counsel for the Parties. (d) Any Settlement Class Member who fails to object to the Settlement in the manner described in the Settlement Agreement Agreement, the Notice, and in the notice provided pursuant to the Notice Plan this Order shall be deemed to have waived any such objection, shall not be permitted to object to any terms or approval of the Settlement at the Final Approval Hearing, and shall be precluded foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counsel.

Appears in 1 contract

Samples: Settlement Agreement

Objections and Appearances. Any Settlement Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Settlement Class Member does not enter an appearance, they will be represented by Class Counsel. Any A Settlement Class Member who wishes to complies with the requirements of this paragraph may object to the Settlement, the Settlement benefits, Service Awards, and/or the Attorneys’ Fees and ExpensesIncentive Award Request, or to appear at the Final Approval Hearing and show cause, if any, why the Settlement should not be approved as fair, reasonable, and adequate to the Settlement Class, why a Final Approval Order and Judgment should not be entered thereon, why the Settlement benefits should not be approved, or why the Service Awards and/or the Attorneys’ Fees and Expenses should not be granted, may do so, but must proceed as set forth in this paragraphFee Request. No Settlement Class Member will shall be heard on such matters unless they have filed in this Action the objectionheard, together with any and no papers, briefs, papers, statementspleadings, or other materials the documents submitted by any Settlement Class Member wishes shall be received and considered by the Court, unless the objection is (a) filed with the Court by the Objection Date; and (b) mailed to considerSettlement Class Counsel and Defendant’s Counsel at the addresses listed in the Notice, within fortypostmarked on or before the close of the Opt-five (45) calendar days following Out/Objection Period, as specified by the Notice DateNotice. Any For an objection to be considered by the Court, the objection must includealso include all of the information set forth in Paragraph 51 of the Settlement Agreement, which is as follows: (i) the case name and number of the Actionproceedings; (ii) the name, address, telephone number of the objecting Settlement Class Member’s full name, current mailing address, and if represented by counsel, of his/her counseltelephone number; (iii) a statement of the specific grounds for the objection, as well as any documents supporting the objection; (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; (iv) a statement of the number of times in which the objector (and, where applicable, objector’s counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection; (v) a statement the identity of any attorneys representing the specific grounds for the objectionobjector; and (vi) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (vii) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous 5 years; (viii) four dates between the Objection Deadline and the fairness hearing when the Settlement Class Member is available to be deposed by Class Counsel and NWL’s Counsel; and (vii) the signature of whether the Settlement Class Member or the Settlement Class Member’s attorney. Any Settlement Class Member who fails to comply with the provisions in this Section may waive and forfeit any and all rights he or she may have to object, and shall be bound by all the terms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this matter, including, but not limited to, the release in the Settlement Agreement if Final Order and Judgment is entered. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he/she must state as such in the written objection, and if so, whether personally or through counsel. In addition must also identify any witnesses he/she may call to the foregoing requirements, if an objecting Settlement Class Member intends to speak testify at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any and all exhibits he/she intends to introduce into evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of which must also be attached to, or included with, the written objection. If Final Order and Judgment is entered, any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearing. Any Settlement Class Member who fails to object to the Settlement in the manner described in the Settlement Agreement and in the notice provided pursuant to the Notice Plan prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objectionobjections in this action or in any other proceeding or from challenging or opposing, shall not be permitted or seeking to object to reverse, vacate, or modify any terms or approval of the Settlement at Agreement, the Final Approval HearingIncentive Award Request, and shall be precluded from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or any other means. With leave of Court for good cause shown, the Parties may take discovery of an objector or an objector’s counselFee Request.

Appears in 1 contract

Samples: Settlement Agreement

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