Objections and Exclusions. 16 1. Objections
17 a. Class Members and Injunctive Relief Class Members 18 objecting to the terms of the Agreement must do so in writing at least thirty (30) days 19 prior to the scheduled Final Approval Hearing. The written objection must be filed with 20 the Court thirty (30) days prior to the scheduled Final Approval Hearing, as specified in 21 the Preliminary Approval Order.
22 b. The written objection must include (1) a detailed statement 23 with specificity of the reasons for the objection; (2) the objecting Class Member’s or 24 Injunctive Relief Class Member’s name, address, and telephone number; (3) the date and 25 location of the Operated Location at which the objecting Class Member or Injunctive
Objections and Exclusions. Any Class Member who wishes to object to the fairness, reasonableness, or adequacy of the proposed Settlement, including Class Counsel's Attorneys' Fees and Expenses Application, may do so by filing an objection as set out in the notice to be filed along with the motion for Preliminary Approval and described below. However, a Potential Class Member who requests exclusion from the Damages Settlement Class may not file an objection regarding the terms of the Settlement Agreement. 108. A Class Member who wishes to object must submit to the Administrator at the address provided in the notice their objection(s), as well as the specific reason(s), if any, for each such objection and whether the Class Member wishes to speak at the Fairness Hearing. The objection must state whether it applies only to the objector, to a specific subset of the Class, or to the entire Class, and also state with specificity the grounds for the objection, including any legal support the Class Member wishes to bring to the Court's attention and any evidence the Class Member wishes to introduce in support of such objection. The Administrator shall promptly send a copy of each objection it receives to Class Counsel and Defendant's Counsel by email.
Objections and Exclusions. 1. Any Class Member who does not request exclusion or opt out of the Indirect Purchaser Class may object to the Settlement by timely filing with the Court a written statement of objection. The Parties may request the Court to allow the Parties to take the deposition of any person filing an objection to the Settlement. To be timely, a written statement of an objection in appropriate form must be filed with the Clerk of the Southern District of California, twenty-one (21) days prior to the date set in the Notice of Final Fairness Hearing, and also served on Class Counsel and Defendants’ Counsel so that it is received by that date. The written statement of objection must set forth:
a. The title of the Action;
b. The objector’s full name, address, telephone number;
c. An explanation of the basis upon which the objector claims to be a Class Member;
d. All grounds for the objection, accompanied by any legal support for the objection known to the objector or his or her counsel;
e. The identity of all counsel representing the objector, if any;
f. The identity of all counsel representing the objector, if any, who will appear at the Final Fairness Hearing;
g. A list of all persons who will be called to testify by the objector at the Final Fairness Hearing in support of the objection;
h. A statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing;
i. The objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representations).
2. Any Settlement Class Member may request to be excluded from the Settlement by timely submitting to the Administrator a written statement of exclusion. To be timely, a written statement of exclusion must be sent to the Administrator with a postmark no later than twenty-one (21) days prior to the date set in the Notice of Final Fairness Hearing. The written statement of exclusion must set forth:
a. The title of the Action;
b. The person's full name, address, telephone number;
c. An explanation of the basis upon which the person claims to be a Settlement Class Member;
d. A statement confirming the person is requesting exclusion from the settlement;
e. The person's signature or the signature of the person’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representations).
Objections and Exclusions. 16 13. Class Members who wish to opt-out and exclude themselves from the 17 Class may do so by submitting such request in writing consistent with the 18 specification listed in the Class notice no later than 19 Notice Date listed in paragraph 11].
20 14. To be valid, each request for exclusion must:
21 a. State the Class member’s full name and current address,
22 b. Provide the model year and Vehicle Identification Number 23 (“VIN”) of his/her/its Class Vehicle(s) and the approximate 24 date(s) of purchase or lease, and
25 c. Specifically and clearly state his/her/its desire to be excluded 26 from the settlement and from the Class. Case 8:15-cv-02052-DOC-KES Document 264-6 Filed 01/30/19 Page 7 of 10 Page ID #:16171
1 15. Defendants shall report the names of all Class members who have 2 submitted a request for exclusion to Class Counsel on a weekly basis, beginning 30 3 days after the Notice Date.
4 16. All Class members who do not opt out and exclude themselves shall be 5 bound by the terms of the Settlement Agreement upon entry of the Final Approval
Objections and Exclusions. 4 1. Class Members may object to or opt-out of the class settlement.
Objections and Exclusions. 5 5.1 All objections and any papers submitted in support of said objection, shall be 6 considered by the Court at the Final Approval Hearing only if, on or before the 7 Objection/Exclusion Deadline approved by the Court and specified in the Notice, the Person 8 making an objection submits copies of such papers to the Court either by mailing them to the 9 Class Action Clerk, United States District Court for the Northern District of California, Xxxxxx X. 00 Xxxxxxx Xxxxxxx Xxxxxxxx, Xxxxxxxxx 1, 0000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx, 00000, or by 11 filing them in person at any location of the United States District Court for the Northern District 12 of California, except that any objection made by a Settlement Class Member represented by 13 counsel must be filed through the Court’s CM/ECF system. Any Settlement Class Member who 14 intends to object to this Agreement must present the objection in writing, which must be 15 personally signed by the objector, and must include: (1) the objector’s name and address; (2) the 16 cellular phone number that allegedly received any call promoting a Nuance product during the
Objections and Exclusions. The Class Members were given an opportunity to object to the settlement. [Number] Class Member(s) objected to the settlement. [Number] Class Member(s) made a valid and timely request for exclusion and are excluded from the class and settlement and are not bound by this order. The identity of such persons are:
Objections and Exclusions
