OBJECTIONS AND REQUESTS FOR EXCLUSION. 68. Settlement Class Members who wish to exclude themselves from the Settlement Class must prepare a written request for exclusion, postmarked no later than thirty (30) days before the Final Settlement Hearing, which shall be sent to the Claims Administrator. Written requests for exclusion must be signed and include the individual's name, address, and telephone number, and expressly state the desire to be excluded from the Settlement Class. Requests for exclusion must be exercised individually by the Class Member, not as or on behalf of a group, class, or subclass, except that such exclusion requests may be submitted by a Class Member's Legally Authorized Representative.
69. Settlement Class Members who do not request exclusion may object to the Proposed Settlement. Settlement Class Members who choose to object to the Settlement must file written notices of intent to object in accordance with Paragraphs 70 and 71. Any Class Member may appear at the Final Settlement Hearing, in person or by counsel, and be heard to the extent allowed by the Court, applying applicable law, in opposition to the fairness, reasonableness and adequacy of the Settlement, and on the application for an award of attorneys' fees and costs. The right to object to the Settlement must be exercised individually by an individual Class Member, not as a member of a group or subclass and, except in the case of a deceased, minor, or incapacitated Class Member, not by the act of another person acting or purporting to act in a representative capacity.
70. To be effective, a notice of intent to object to the Settlement must:
(1) Contain a heading that includes the name of the case and case number;
(2) Provide the name, address, telephone number and signature of the Class Member filing the objection;
(3) Be filed with the Clerk of the Court not later than thirty (30) days before the Final Settlement Hearing;
(4) Be served on Class Counsel and counsel for the Defendant by first-class mail, postmarked no later than thirty (30) days prior to the Final Settlement Hearing;
(5) Contain the name, address, bar number and telephone number of the objecting Class Member's counsel, if represented by an attorney. If the Class Member is represented by an attorney, he/she or it must comply with all applicable laws and rules for filing pleadings and documents in this Court; and
(6) State whether the Objector intends to appear at the Final Settlement Hearing, either in person or through counsel.
71. In addition t...
OBJECTIONS AND REQUESTS FOR EXCLUSION. 4.24 The Parties agree to ask the Court to require any Settlement Class Member who intends to object to the fairness, reasonableness, or adequacy of the settlement to file any objection via the Court's electronic filing system (if represented by counsel) or to send the objection to the Settlement Administrator and mail a copy to AHM’s Counsel and Class Counsel via first-class postage prepaid mail. Objections must be filed electronically or postmarked not later than a date to be set by the Court, which date the Parties shall ask the Court to set forty-five (45) days after the Notice Date. Any objecting Settlement Class Member must:
(a) Set forth his, her, or its full name, current address, and telephone number;
(b) Identify the date of acquisition and VIN for his, her, or its Settlement Class Vehicle;
(c) State that the objector has reviewed the Settlement Class definition and understands that he, she, or it is a Settlement Class Member, as well as provide written proof establishing that he, she, or it is a Settlement Class Member;
(d) A written statement of the objection(s) which must include a statement as to whether it applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class, and also state with specificity the grounds for the objection, including any evidence and legal authority the Settlement Class Member wishes to bring to the Court’s attention;
(e) Provide copies of any documents the objector wants the Court to consider; and
(f) A statement as to whether the Settlement Class Member intends to appear at the final approval hearing.
4.25 In addition, any Settlement Class Member objecting to the settlement shall file a sworn declaration listing all other objections submitted by the objector or the objector’s counsel to any class action settlements submitted in any court in the United States in the previous five (5) years. If the Settlement Class Member or his, her, or its counsel has not objected to any other class action settlement in the United States in the previous five years, he, she, or it shall affirmatively so state in the objection.
4.26 An objection must be filed with the Court if the objector is represented by counsel, or if not represented by counsel, must be sent to the Settlement Administrator via first-class mail, postage prepaid, and must also be served by first-class mail, postage prepaid, upon both of the following: Class Counsel at: Xxxx X. Xxxx
4.27 Subject to approval of the Court,...
OBJECTIONS AND REQUESTS FOR EXCLUSION. Settlement Class Members who wish to exclude themselves from the Settlement Class must prepare a written request for exclusion, postmarked not later than 30 days prior to the Final Approval Hearing. Written requests for exclusion must be signed and include the Settlement Class Member’s name, address, and telephone number, and expressly state the desire to be excluded from the Settlement Class. No Settlement Class Member may effect an exclusion of a class of individuals or represent such a class.
OBJECTIONS AND REQUESTS FOR EXCLUSION. 10.1. Pursuant to the terms and subject to the conditions set forth in the Preliminary Approval Order, any Settlement Class Member may appear at the Settlement Hearing and show cause why the Stipulation, and the proposed Settlement embodied herein, should or should not be approved as fair, reasonable and adequate and in the best interests of the Settlement Class, or why the Judgment should or should not be entered thereon, and/or to present opposition to the Plan of Allocation or to the application of Lead Counsel for attorneys’ fees and reimbursement of Litigation Expenses.
10.2. Pursuant to the terms and subject to the conditions set forth in the Preliminary Approval Order, any putative Settlement Class Member may request to be excluded from the Settlement Class.
10.3. The Claims Administrator shall scan and electronically send copies of all requests for exclusion in .pdf format (or such other format as shall be agreed) to Defendants’ counsel and to Lead Counsel expeditiously after the Claims Administrator receives such a request.
10.4. The Parties will request that the deadline for submitting requests for exclusion from the Class shall be no later than twenty-one (21) calendar days prior to the Settlement Hearing.
10.5. Copies of all requests for exclusion from the Settlement Class received by the Claims Administrator (or other person designated to receive exclusion requests) shall be provided to Defense Counsel via electronic mail within five (5) Business Days of receipt of the request or no later than fourteen (14) calendar days prior to the Settlement Hearing, whichever is earlier.
OBJECTIONS AND REQUESTS FOR EXCLUSION. A member of the Settlement Class may object to this Agreement or request exclusion from this Agreement. Any member of the Settlement Class who does not request exclusion from the Settlement has the right to object to the Settlement. Members of the Settlement Class may not both object to and opt out of the Settlement. Any member of the Settlement Class who wishes to object must timely submit an objection as set forth in Section VIII(A) below. If a member of a Settlement Class submits both an objection and a written request for exclusion, he or she shall be deemed to have complied with the terms of the procedure for requesting exclusion as set forth in Section VIII(B) and shall not be bound by the Agreement if approved by the Court, and the objection will not be considered by the Court.
OBJECTIONS AND REQUESTS FOR EXCLUSION. 6.1. A Settlement Class Member may either object to the settlement contemplated in this Agreement pursuant to Section 6.2 or request exclusion from this Agreement pursuant to Section 6.3.
OBJECTIONS AND REQUESTS FOR EXCLUSION. Class Members who wish to exclude themselves from the Settlement Class must 3 prepare a written request for exclusion, which must be received by the Claims Administrator no 4 later than fourteen (14) days before the Final Settlement Hearing. Written requests for exclusion 5 must be signed and include the individual’s name, address, and telephone number, and expressly 6 state the desire to be excluded from the Settlement Class. Requests for exclusion must be exercised 7 individually by the Class Member, not as or on behalf of a group, class, or subclass, except that 8 such exclusion requests may be submitted by a Class Member’s Legally Authorized 9 Representative.
OBJECTIONS AND REQUESTS FOR EXCLUSION. 10.1. Pursuant to the terms and subject to the conditions set forth in the Preliminary Approval Order, any Settlement Class Member may appear at the Settlement Hearing and show cause why the Stipulation, and the proposed Settlement embodied herein, should or should not be approved as fair, reasonable and adequate and in the best interests of the Settlement Class, or why the Judgment should or should not be entered thereon, and/or to present opposition to the Plan of Allocation or to the application of Lead Counsel for attorneys' fees and reimbursement of Litigation Expenses.
10.2. Pursuant to the terms and subject to the conditions set forth in the Preliminary Approval Order, any putative Settlement Class Member may request to be excluded from the Settlement Class.
10.3. The Claims Administrator shall scan and electronically send copies of all requests for exclusion in .pdf format (or such other format as shall be agreed) to Defendants’ counsel and to Lead Counsel expeditiously after the Claims Administrator receives such a request.
OBJECTIONS AND REQUESTS FOR EXCLUSION. 9.1 Objections: Any Settlement Class Member who intends to object to the Settlement must do so no later than the Objection Deadline. In order to object, the Settlement Class Member must file with the Clerk of the Court, and provide a copy to the Settlement Administrator, Class Counsel, and Defendants’ Counsel, a document that includes:
9.1.1. The case name and number;
9.1.2. The name, address, telephone number, and, if available, the email address of the Person objecting;
9.1.3. The name and address of the lawyer(s), if any, who is representing the Person making the Objection or who may be entitled to compensation in connection with the Objection;
9.1.4. A detailed statement of Objection(s), including the grounds for those Objection(s);
9.1.5. Copies of any papers, briefs, or other documents upon which the Objection is based;
9.1.6. A statement of whether the Person objecting intends to appear at the Final Approval Hearing, either with or without counsel;
9.1.7. The identity of all counsel (if any) who will appear on behalf of the Person objecting at the Final Approval Hearing and all Persons (if any) who will be called to testify in support of the Objection;
9.1.8. A statement of his/her membership in the Settlement Class, including all information required by the Claim Form;
9.1.9. The signature of the Person objecting, in addition to the signature of any attorney representing the Person objecting in connection with the Objection; and
9.1.10. A detailed list of any other objection by the Settlement Class Member, or his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the
OBJECTIONS AND REQUESTS FOR EXCLUSION. A. Objections. Any Settlement Class Member who intends to object to the Settlement must do so no later than forty-five (45) calendar days after the Notice Date (the “Objection Deadline”). In order to object, the Settlement Class Member must file with the Court, and provide a copy to Class Counsel and Defendants’ Counsel, a document that includes:
1. The name, address, telephone number, and, if available, the email address of the Person objecting, and if represented by counsel, of his/her counsel;
2. Specify in writing, all objections;
3. Whether he/she intends to appear at the Final Approval Hearing, either with or without counsel;
4. A statement of his/her membership in the Settlement Class, including all information required by the Claim Form; and
5. A detailed list of any other objections submitted by the Settlement Class Member, or his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Settlement Class Member or his/her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he/she shall affirmatively state so in the written materials provided in connection with the objection to this Settlement.
B. Any Settlement Class Member who fails to file and serve timely a written objection and notice of his/her intent to appear at the Final Approval Hearing pursuant to this Section shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by any means, including but not limited to an appeal.
