Objections and Appearances. Any Settlement Class Member who does not elect to be excluded from the Settlement Class may object to the settlement, Class Counsel’s request for fees and expenses, and/or the request for a service award payment to the Representative Plaintiff; provided, however, that no Settlement Class Member shall be heard or entitled to contest such matters, unless the objection is: (a) electronically filed by the Objection Date; or (b) mailed first- class postage prepaid to the Clerk of Court, at the address listed in the Notice, and postmarked by no later than the Objection Date, as specified in the Notice. For the objection to be considered by the Court, the objection must be in writing and include: (a) the name or caption of this Litigation; (b) the objector’s full name, address, telephone number, and e-mail address (if any); (c) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (d) a written statement of all grounds for the objection, accompanied by any legal support for the objection that the objector believes is applicable; (e) the identity of all counsel representing the objector, if any, in connection with the objection; (f) a statement confirming whether the objector and/or the objector’s counsel will appear and/or testify at the Final Fairness Hearing; (g) a statement identifying all class action settlements objected to by the objector in the previous 5 years; and (h) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative, if any. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. Any Settlement Class Member who fails to comply with the provisions in this Order and/or fails to timely file and serve an objection in writing in accordance with this Order and the Settlement Agreement will waive and forfeit any and all rights they may have to object, will have their objection stricken from the record, and will lose their rights to appeal from approval of the settlement. Any such Settlement Class Member also shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the Release set forth in the Final Approval Order and Judgment if entered.
Appears in 1 contract
Samples: Settlement Agreement
Objections and Appearances. Any A Settlement Class Member who does not elect to be excluded from complies with the Settlement Class requirements of this paragraph may object to the settlementSettlement, Class Counsel’s request for fees and expensesthe Fee Request, and/or or the request for a service award payment to the Representative Plaintiff; providedService Award Request. To do so, however, that no Settlement Class Member shall be heard or entitled to contest such matters, unless the objection is: must, as specified in the Notice, be (a) electronically filed with the Court by the Objection Date; or and (b) mailed first- first-class postage prepaid to the Clerk of Court, Settlement Class Counsel and Defendant’s Counsel at the address addresses listed in the Notice, and postmarked by no later than the Objection Date, as specified in the Notice. For the an objection to be considered by the Court, the objection must be include all of the information set forth in writing and includesection IV.6.1 of the Settlement Agreement, which is as follows:
(a) the name or caption of this Litigation;
(b) the objector’s full name, address, telephone number, and e-mail address (if any);
(cb) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Data Breach);
(dc) a written statement of all grounds for the objection, accompanied by any legal support for the objection that the objector believes is applicable;
(ed) the identity of all counsel representing the objector, if any, in connection with the objection;
(fe) a statement confirming whether the objector and/or the objector’s his or her counsel will appear and/or testify at the Final Fairness Hearing;
(g) a statement identifying all class action settlements objected to by the objector in the previous 5 years; and
(hf) the objector’s signature or and, if applicable, the signature of the objector’s duly authorized attorney or other duly authorized representativerepresentative (along with documentation setting forth such representation); and
(g) a list, if any. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if by case name, court, and docket number, of all other cases in which the objector was a party in the Litigation, including the right to take and/or the objector’s deposition. Such discovery will be conducted on counsel has filed an expedited basis, and the objecting Settlement Class Member is required to respond objection to any written discovery proposed class action settlement within fourteen the last three (143) days and must appear for deposition within fourteen (14) days after a deposition is noticedyears. Any Settlement Class Member who fails to comply with the provisions in this Order and/or fails to timely file and serve an objection in writing in accordance with this Order and the Settlement Agreement will Paragraph may waive and forfeit any and all rights they he or she may have to object, will have their objection stricken from the record, and will lose their rights to appeal from approval of the settlement. Any such Settlement Class Member also shall be bound by all subsequent of the terms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this actionmatter, including including, but not limited to to, the Release set forth 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 Order 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 an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must file a notice of appearance with the Court (and Judgment if entered.serve it on Settlement Class Counsel and Defendant’s Counsel) by the Objection Date. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, he or she must also identify the attorney(s) representing the objecting Settlement Class Member who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, e-mail 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, the objecting Settlement Class Member must provide a list of any such witnesses together with a brief summary of each witness’s expected testimony at least sixty
Appears in 1 contract
Samples: Settlement Agreement
Objections and Appearances. Any A Settlement Class Member who does not elect to be excluded from complies with the Settlement Class requirements of this paragraph may object to the settlementSettlement, Class Counsel’s request for fees and expensesthe Service Award Request, and/or or the request for a service award payment to the Representative Plaintiff; provided, however, that no Fee Request. No Settlement Class Member shall be heard heard, and no papers, briefs, pleadings, or entitled to contest such mattersother documents submitted by any Settlement Class Member shall be received and considered by the Court, unless the objection is: is (a) electronically filed with the Court by no later than 60 Days after the date on which Notice is sent (the “Objection Date”); or (b) mailed first- first-class postage prepaid to the Clerk of Court, Plaintiffs’ Counsel, and Defendants’ Counsel at the address addresses listed in the Notice, and postmarked by no later than the Objection Date, as specified in the Notice. For the an objection to be considered by the Court, the objection must be also include all of the information set forth in writing and includeParagraph 16 of the Settlement Agreement, which is as follows:
(a) the name or caption of this Litigation;
(b) a. the objector’s full name, current address, telephone number, and e-mail email address (if any);
(c) b. the Settlement Class Member’s original signature;
c. information identifying the objector as a Settlement Class Member, including proof that the objector is a member within the Settlement Class (e.g., copy of Notice or copy of original notice of the Settlement Class;Data Incident), or the approximate date on which the objector was a patient at a Beaumont facility; ocument Submitted for Filing to MI Oakland County 6th Circuit Court.
(d) d. a written statement of all grounds legal and factual bases for the objection, accompanied by including any legal support for the objection that the objector believes is applicable;
(e) the identity e. identification of all counsel representing the objector, if any, in connection with the objection;
(f) a statement confirming x. whether the objector and/or the objector’s his or her counsel will appear and/or testify at the Final Fairness Approval Hearing;
(g) a statement identifying all class action settlements objected to by the objector in the previous 5 years; and
(h) the objector’s signature or g. the signature of the objector’s duly authorized attorney or other duly authorized representative, if any. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if 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 was a party in the Litigation, including the right to take and/or the objector’s deposition. Such discovery will be conducted on counsel has filed an expedited basis, and objection to any proposed class action settlement in the past five (5) years; and
i. copies of any documents that the objecting Settlement Class Member is required wishes to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticedsubmit in support of his or her position. Any Settlement Class Member who fails to comply with the provisions in this Order and/or fails to timely file and serve an objection in writing in accordance with this Order and the Settlement Agreement will Paragraph may waive and forfeit any and all rights they he or she may have to object, will have their objection stricken from the record, and will lose their rights to appeal from approval of the settlement. Any such Settlement Class Member also shall be bound by all subsequent the terms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this actionmatter, including including, but not limited to, the release in the Settlement Agreement if Final Order and Judgment is entered. ocument Submitted for Filing to the Release set forth in MI Oakland County 6th Circuit Court. 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 object to or comment on the fairness, reasonableness, or adequacy of the Settlement, the Service Award Request, or 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 Defendants’ Counsel) by the Objection Date. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, he or she must also identify the attorney(s) representing the objecting Settlement Class Member who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, e-mail 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 five (5) 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, the objecting Settlement Class Member 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. If Final Order and Judgment if is entered, any Settlement Class Member who fails to object in the manner prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objections in this action or in any other proceeding or from challenging or opposing, or seeking to reverse, vacate, or modify any approval of the Settlement Agreement, the Service Awards Request, or the Fee Request.
Appears in 1 contract
Samples: Settlement Agreement
Objections and Appearances. Any Settlement Class Member who does not elect intends to be excluded from the Settlement Class may object to the settlement, Class Counsel’s request for fees and expenses, and/or fairness of the request for a service award payment to the Representative Plaintiff; provided, however, that no Settlement Class Member shall be heard or entitled to contest such matters, unless the objection is: (a) electronically filed by the Objection Date; or (b) mailed first- class postage prepaid to the Clerk of Court, at the address listed must do so in the Notice, and postmarked by writing no later than the Objection Date, as specified in the Notice. For the objection to be considered by the Court, the Any objection must be in writing writing, signed by the Settlement Class Member (and include:
his or her attorney, if individually represented), sent to the Claims Administrator by U.S. Mail or personal delivery, and received by (aif submitted by personal delivery) or postmarked by (if sent via paper mail) the name or caption of Objection Date as specified in this Litigation;
Order. The written objection must include: (bi) the case name and number: LaSharpe v. A&W Concentrate Company, Case No. 19-cv-00768-BMC; (ii) the name, address and telephone number of the objector’s full ; (iii) the name, address, and telephone number, and e-mail address number of all counsel (if any);
(c) information identifying who represent the objector as a Settlement Class Memberobjector, including proof that any former or current counsel who may be entitled to compensation for any reason if the objector objection is a member of successful, and legal and factual support for the right to such compensation; (iv) documents or testimony sufficient to establish membership in the Settlement Class;
; (dv) a written detailed statement of all any objection asserted, including the grounds for the objection, accompanied by any legal support for the objection that therefor; (vi) whether the objector believes is applicable;
is, and any reasons for, requesting the opportunity to appear and be heard at the final approval hearing; (evii) the identity of all counsel (if any) representing the objectorobjector who will appear at the final approval hearing and, if anyapplicable, a list of all persons who will be called to testify in connection with support of the objection;
; (fviii) copies of any papers, briefs, or other documents upon which the objection is based; (ix) a statement confirming whether the objector and/or the objector’s counsel will appear and/or testify at the Final Fairness Hearing;
(g) a statement identifying all class action settlements objected to detailed list of any other objections submitted by the objector Settlement Class Member, or his/her counsel, to any class litigations submitted in any state or federal court in the United States in the previous 5 yearsfive (5) years (or affirmatively stating that no such prior objection has been made); and
and (hx) the objector’s signature or signature, in addition to the signature of the objector’s duly authorized attorney or other duly authorized representative, (if any). The Parties will have Failure to include documents or testimony sufficient to establish membership in the same right Settlement Class shall be grounds for overruling and/or striking the objection on grounds that the objector lacks standing to seek discovery from make the objection. Failure to include any objecting of the information or documentation set forth in this paragraph also shall be grounds for overruling an objection. Any Settlement Class Member who files and serves a written objection, as they would if the objector was a party described in the Litigationpreceding Section, may appear at the Final Approval Hearing, either in person or through counsel hired at that Settlement Class 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 right Final Approval Hearing must serve a notice of intention to take appear on the objector’s deposition. Such discovery will be conducted on an expedited basisClass Counsel identified in the Class Notice, and to Defendants’ Counsel, and file the objecting Settlement Class Member is required to respond to any written discovery within fourteen notice of appearance with the Court no later than fifteen (1415) days and must appear for deposition within fourteen (14) days after a deposition is noticedbefore the Final Approval Hearing, or as the Court may otherwise direct. Any Settlement Class Member who fails to comply with the provisions in this Order and/or fails to timely file and serve an objection in writing in accordance with this Order and Section VI.6.6 of the Settlement Agreement will shall waive and forfeit any and all rights they he or she may have to appear separately and/or to object, will have their objection stricken from the record, and will lose their rights to appeal from approval of the settlement. Any such Settlement Class Member also shall be bound by all subsequent the terms of this Agreement and by all proceedings, orders, orders and judgments in this actionthe Action, including including, but not limited to, the Released Claims and the releases in Section VII of the Agreement. Class Counsel shall have the right, and Defendants shall reserve their right, to the Release set forth in respond to any objection no later than fourteen (14) days before the Final Approval Order Hearing. The Party so responding shall file a copy of the response with the Court, and Judgment if enteredshall 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 Class Counsel, and to Defendants’ Counsel.
Appears in 1 contract
Samples: Settlement Agreement
Objections and Appearances. Any Settlement Class Member who does not elect to be excluded from the Settlement Class may object to the settlement, Settlement or Class Counsel’s request for fees and expenses, and/or the request for a service award payment to the Representative Plaintiff,; provided, however, that no Settlement Class Member shall be heard or entitled to contest such matters, unless the objection is: (a) electronically filed by the Objection DateDeadline; or (b) mailed first- first-class postage prepaid to the Clerk of Court, at the address listed in the Notice, and postmarked by no later than the Objection DateDeadline, as specified in the Notice. For the objection to be considered by the Court, the objection must be in writing and include:
(a) the The name or caption of this proceeding (Xxxxx Xxxxxxxxx, et al., v. Virgin Scent, Inc., No. 21-cv-60643-RKA (S.D. Fla.), or similar identifying words such as “Virgin Scent” or “Artnaturals” and “Hand Sanitizer Litigation”);
(b) the The objector’s full name, address, and telephone number, and e-mail address (if any);
(c) information identifying The grounds for the objector objection, as a Settlement Class Member, including proof that well as any documents supporting the objector is a member of the Settlement Classobjection;
(d) a written A statement of all grounds for the objection, accompanied by any legal support for as to whether the objection that applies only to the objector believes is applicableand the objector’s circumstances, to a specific subset of the class, or to the entire class;
(e) the identity name and address of all counsel any attorneys representing the objector, if any, in connection objector with respect to the objection;
(f) a A statement confirming regarding whether the objector and/or the objector’s counsel will or his/her attorney intend to appear and/or testify at the Final Fairness Approval Hearing;; and
(g) a statement identifying all class action settlements objected to by the objector in the previous 5 years; and
(h) the objector’s signature or the The signature of the objector’s duly authorized attorney objector or other duly authorized representative, if any. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticedhis/her attorney. Any Settlement Class Member who fails to comply with the provisions in this Order and/or fails to timely file and serve an objection in writing in accordance with this Order and the Settlement Agreement will waive and forfeit any and all rights they may have to object, will have their objection stricken from the record, and will lose their rights to appeal from approval of the settlementSettlement. Any such Settlement Class Member also shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the Release set forth in the Final Approval Order and Judgment if entered.limited
Appears in 1 contract
Samples: Settlement Agreement
Objections and Appearances. Any Settlement Class Member who does not elect wishes to be excluded from the Settlement Class may object to the settlement, Class Counsel’s request for fees and expenses, and/or fairness of the request for Settlement must submit a service award payment written objection to the Representative Plaintiff; providedClaim Administrator. The written objection may be submitted by mail, howeverexpress mail, that no Settlement Class Member shall electronic transmission, or personal delivery, but to be heard timely, it must be delivered to the Claim Administrator (not just postmarked or entitled sent) prior to contest such matters, unless the Opt-Out and Objection Deadline. Each objection ismust include: (a) electronically filed by the Objection Date; or (b) mailed first- class postage prepaid to the Clerk of Court, at the address listed in the Notice, and postmarked by no later than the Objection Date, as specified in the Notice. For the objection to be considered by the Court, the objection must be in writing and include:
(ai) the case name or caption of this Litigation;
and number: Xxxxxx v. Blue Diamond Growers, Case No. 7:20-cv-03032-CS; (bii) the name, address and telephone number of the objector’s full ; (iii) the name, address, and telephone number, and e-mail address number of all counsel (if any);
(c) information identifying who represent the objector as a Settlement Class Memberobjector, including proof that any former or current counsel who may be entitled to compensation for any reason if the objector objection is a member of successful, and legal and factual support for the right to such compensation; (iv) documents or testimony sufficient to establish membership in the Settlement Class;
; (dv) a written detailed statement of all any objection asserted, including the grounds for the objection, accompanied by any legal support for the objection that therefor; (vi) whether the objector believes is applicable;
is, and any reasons for, requesting the opportunity to appear and be heard at the final approval hearing; (evii) the identity of all counsel (if any) representing the objectorobjector who will appear at the final approval hearing and, if anyapplicable, a list of all persons who will be called to testify in connection with support of the objection;
; (fviii) copies of any papers, briefs, or other documents upon which the objection is based; (ix) a statement confirming whether the objector and/or the objector’s counsel will appear and/or testify at the Final Fairness Hearing;
(g) a statement identifying all class action settlements objected to detailed list of any other objections submitted by the objector Settlement Class Member, or his/her counsel, to any class Litigations submitted in any state or federal court in the United States in the previous 5 yearsfive (5) years (or affirmatively stating that no such prior objection has been made); and
and (hx) the objector’s signature or signature, in addition to the signature of the objector’s duly authorized attorney or other duly authorized representative, (if any. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed). Any Settlement Class Member who fails files and serves a written objection, as described in the preceding Section, may appear at the Final Approval Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to comply 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 provisions in this Order and/or fails to timely file and serve an objection in writing in accordance with this Order and Court, no later than fourteen (14) calendar days before the Settlement Agreement will waive and forfeit any and all rights they Final Approval Hearing, or as the Court may otherwise direct. Class Counsel shall have to object, will have their objection stricken from the recordright, and will lose their rights Defendant shall reserve its right, to appeal from approval respond to any objection no later than fourteen (14) days before the Final Approval Hearing. The Party so responding shall file a copy of the settlement. Any such response with the Court and shall serve a copy, by regular mail, hand or overnight delivery, to the objecting Settlement Class Member also shall be bound by or to the individually-hired attorney for the objecting Settlement Class Member, to all subsequent proceedings, ordersClass Counsel, and judgments in this action, including but not limited to the Release set forth in the Final Approval Order and Judgment if enteredDefendant’s Counsel.
Appears in 1 contract
Samples: Settlement Agreement
Objections and Appearances. Any A Settlement Class Member who does not elect to be excluded from complies with the Settlement Class requirements of this paragraph may object to the settlementSettlement or the Fee Request, Class Counsel’s request for fees and expensesmust do so no later than , and/or the request for a service award payment to the Representative Plaintiff; provided, however, that no 2024. No Settlement Class Member shall be heard heard, and no papers, briefs, pleadings, or entitled to contest such mattersother documents submitted by any Settlement Class Member shall be received and considered by the Court, unless the objection is: is (a) electronically filed by the Objection DateDeadline; or (bii) mailed first- first-class postage prepaid to the Clerk of Court, Court or Settlement Administrator at the address listed in addresses provided at the NoticeSettlement Website, and postmarked by no later than the Objection DateDeadline, as specified in the Notice. For the objection to be considered by the Court, the objection must be in writing and include:by
(a) i. the name or caption of this the Litigation;
(b) ii. the objector’s full name, address, email address, and telephone number, and e-mail address (if any);
(c) information identifying iii. an explanation of the basis upon which the objector as claims to be a Settlement Class Member, including proof that the objector is a member of the Settlement Class;
(d) a written statement of iv. all grounds for the objection, accompanied by any legal support for the objection that objection;
v. the identity of all counsel who represent the objector, including any former or current counsel who previously represented the objector believes is applicable;and may be entitled to compensation for any reason related to the
(e) vi. the identity of all counsel representing the objector, if any, objector who will appear at the Final Approval Hearing;
vii. the number of times in connection with which the objector has objected to a class action settlement within the five (5) years preceding the date on which the objector files the objection, and the caption of each case in which the objector has made such objections, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case;
(f) a statement confirming whether viii. the objector and/or number of times in which the objector’s counsel will appear and/or testify at the Final Fairness Hearing;
(g) counsel’s law firm have objected to a statement identifying all class action settlements objected to by settlement within the objector in the previous 5 years; and
(h) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative, if any. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. Any Settlement Class Member who fails to comply with the provisions in this Order and/or fails to timely file and serve an objection in writing in accordance with this Order and the Settlement Agreement will waive and forfeit any and all rights they may have to object, will have their objection stricken from the record, and will lose their rights to appeal from approval of the settlement. Any such Settlement Class Member also shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the Release set forth in the Final Approval Order and Judgment if entered.five
Appears in 1 contract
Samples: Settlement Agreement
Objections and Appearances. Any A Settlement Class Member who does not elect to be excluded from complies with the Settlement Class requirements of this paragraph may object to the settlementSettlement, Class Counsel’s request for fees and expensesthe Service Award Request, and/or or the request for a service award payment to the Representative Plaintiff; provided, however, that no Fee Request. No Settlement Class Member shall be heard heard, and no papers, briefs, pleadings, or entitled to contest such mattersother documents submitted by any Settlement Class Member shall be received and considered by the Court, unless the objection is: is (a) electronically filed with the Court by the Objection Date; or and (b) mailed first- first class postage prepaid to the Clerk of Court, Plaintiffs Counsel and GCPA's Counsel at the address addresses listed in the Notice, and postmarked by no later than the Objection Date, as specified in the Notice. For the an objection to be considered by the Court, the objection must be also include all of the information set forth in writing and includeParagraph 5.1 of the Settlement Agreement, which is as follows:
(a) the name or caption of this Litigation;
(b) the objector’s 's full name, address, telephone number, and e-mail address (if any);
(cb) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement ClassClass (e.g., copy of notice, copy of original notice of the Data Incident);
(dc) a written statement of all grounds for the objection, accompanied by any legal support for the objection that the objector believes is applicable;
(ed) the identity of all counsel representing the objector, if any, in connection with ;
(e) a statement whether the objectionobjector and/or his or her counsel will appear at the Final Approval Hearing;
(f) a statement confirming whether the objector and/or the objector’s counsel will appear and/or testify at the Final Fairness Hearing;
(g) a statement identifying all class action settlements objected to by the objector in the previous 5 years; and
(h) the objector’s 's signature or and the signature of the objector’s 's duly authorized attorney or other duly authorized representativerepresentative (along with documentation setting forth such representation); and
(g) a list, if any. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if by case name, court, and docket number, of all other cases in which the objector was a party in the Litigation, including the right to take and/or the objector’s deposition. Such discovery will be conducted on 's counsel has filed an expedited basis, and the objecting Settlement Class Member is required to respond objection to any written discovery proposed class action settlement within fourteen the last three (143) days and must appear for deposition within fourteen (14) days after a deposition is noticedyears. Any Settlement Class Member who fails to comply with the provisions in this Order and/or fails to timely file and serve an objection in writing in accordance with this Order and the Settlement Agreement will Paragraph may waive and forfeit any and all rights they he or she may have to object, will have their objection stricken from the record, and will lose their rights to appeal from approval of the settlement. Any such Settlement Class Member also shall be bound by all subsequent the terms of the Settlement Agreement, this Order, and by all proceedings, orders, and judgments in this actionmatter, including including, but not limited to to, the Release set forth 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 Order 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 the Settlement, the Service Award Request, or 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 Judgment if entered.GCPA's Counsel) by the Objection Date. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, he or she must also identify the attomey(s) representing the objecting Settlement Class
269805938v.1 Member who will appear at the Final Approval Hearing and include the attomey(s) name, address, phone number, e-mail 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, the objecting Settlement Class Member must provide a list of any such witnesses together with a brief summary of each witness's expected testimony at least sixty
Appears in 1 contract
Samples: Settlement Agreement
