Common use of OBJECTIONS AND REQUESTS FOR EXCLUSION Clause in Contracts

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 to the foregoing, a notice of intent to object must contain the following information, if the Class Member or his/her or its attorney requests permission to speak at the Final Settlement Hearing: (1) A detailed statement of the specific legal and factual basis for each and every objection; and (2) A detailed description of any and all evidence the Objector may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which the Objector may introduce at the Final Settlement Hearing. 72. All objectors shall make themselves available to be deposed by any Party in the county of the objector's residence within seven (7) days of service of his, her, or its timely written objection. 73. Any Class Member who does not file a timely notice of intent to object in accordance with this Section shall waive the right to object or to be heard at the Final Settlement Hearing and shall be forever barred from making any objection to the Settlement. Settlement Class Members who object to the Settlement shall remain Settlement Class Members, and have voluntarily waived their right to pursue an independent remedy against Defendant. To the extent any Settlement Class Member(s) objects to the Settlement, and such objection is overruled in whole or in part, such Settlement Class Member(s) will be forever bound by the Judgment of the Court.

Appears in 2 contracts

Samples: Stipulation of Settlement and Settlement Agreement, Stipulation of Settlement and Settlement Agreement

AutoNDA by SimpleDocs

OBJECTIONS AND REQUESTS FOR EXCLUSION. 6865. 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. 6966. Settlement Class Members who do not request exclusion opt out 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 67 and 7168. 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. 7067. 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 Defendants 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 attorneyattorney or law firm, 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. 7168. In addition to the foregoing, a notice of intent to object must contain the following information, if the Class Member or his/her or its attorney requests permission to speak at the Final Settlement Hearing: (1) A detailed statement of the specific legal and factual basis for each and every objection; and (2) A detailed description of any and all evidence the Objector may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which the Objector may introduce at the Final Settlement Hearing. 7269. All objectors Objectors shall make themselves available to be deposed by any Party in the county of the objectorObjector's residence within seven (7) days of service of his, her, or its timely written objection. 7370. Any Class Member who does not file a timely notice of intent to object in accordance with this Section shall waive the right to object or to be heard at the Final Settlement Hearing and shall be forever barred from making any objection to the Settlement. Settlement Class Members who object to the Settlement shall remain Settlement Class Members, and have voluntarily waived their right to pursue an independent remedy against DefendantDefendants. To the extent any Settlement Class Member(s) objects to the Settlement, and such objection is overruled in whole or in part, such Settlement Class Member(s) will be forever bound by the Judgment of the Court.

Appears in 1 contract

Samples: Settlement Agreement

OBJECTIONS AND REQUESTS FOR EXCLUSION. 6867. Settlement Class Members who wish to exclude themselves from the Settlement Class must prepare a written request for exclusion, postmarked no not later than thirty (30) 60 days before after mailing of the Final Settlement Hearingnotice, which shall be sent to the Claims Administrator. Written requests for exclusion must be signed and include the individual's ’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 ’s Legally Authorized Representative. 6968. Settlement Class Members who do not request exclusion opt out 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 67 and 7168. 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. 7069. 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 days (30) days before the Final Settlement Hearing; (4) Be served on Class Counsel and counsel for the Defendant Defendants by first-class mail, postmarked no later than thirty sixty (3060) days prior to after the Final Settlement HearingNotice is mailed; (5) Contain the name, address, bar number and telephone number of the objecting Class Member's ’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. 7170. In addition to the foregoing, a notice of intent to object must contain the following information, if the Class Member or his/her or its attorney requests permission to speak at the Final Settlement Hearing: (1) A detailed statement of the specific legal and factual basis for each and every objection; and (2) A detailed description of any and all evidence the Objector may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which the Objector may introduce at the Final Settlement Hearing. 7271. All objectors shall make themselves available to be deposed by any Party in the county of the objector's ’s residence within seven (7) days of service of his, her, or its timely written objection. 7372. Any Class Member who does not file a timely notice of intent to object in accordance with this Section shall waive the right to object or to be heard at the Final Settlement Hearing and shall be forever barred from making any objection to the Settlement. Settlement Class Members who object to the Settlement shall remain Settlement Class Members, and have voluntarily waived their right to pursue an independent remedy against DefendantDefendants. To the extent any Settlement Class Member(s) objects to the Settlement, and such objection is overruled in whole or in part, such Settlement Class Member(s) will be forever bound by the Judgment of the Court.

Appears in 1 contract

Samples: Settlement Agreement

OBJECTIONS AND REQUESTS FOR EXCLUSION. 6875. Settlement Class Members who wish to exclude themselves from the Settlement Class must prepare a written request for exclusion, postmarked which must be received by the Claims Administrator no later than thirty forty-five (3045) days before after the Final Settlement Hearing, which shall be sent to mailing of the Claims AdministratorShort Form Notice and Claim Form. Written requests for exclusion must be signed and include the case name, the individual's ’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 ’s Legally Authorized Representative. 6976. Settlement Class Members who do not request exclusion opt out may object to the Proposed Settlement. Settlement Class Members who choose to object to the Settlement must file written notices an Objection no later than forty-five (45) days after mailing of intent to object in accordance with Paragraphs 70 the Short Form Notice and 71Claim Form. Any Class Member who files such an objection 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. 7077. To be effective, a notice of intent to object an Objection to the Settlement must: (1a) Contain a heading that includes the name of the case and case number; (2b) Provide the name, address, telephone number and signature of the Class Member filing the objectionObjection; (3c) Be filed with the Clerk of the Court not later than thirty (30) days before the Final Settlement Hearing; (4) Be Court, and served on Class Counsel and counsel for the Defendant by first-class mailDefendants, postmarked no not later than thirty forty-five (3045) days prior to after mailing of the Final Settlement Hearing;Short Form Notice and Claim Form. (5d) Contain the name, address, bar number and telephone number of the objecting Class Member's ’s counsel, if represented by an attorney. If the Class Member is represented by an attorney, he/she or it they must comply with all applicable laws and rules for filing pleadings and documents in this Court; and (6e) State whether the Objector objector intends to appear at the Final Settlement Hearing, either in person or through counsel. 7178. In addition to the foregoing, a notice of intent to object an Objection must contain the following information, if the Class Member or his/her or its representing attorney requests permission to speak at the Final Settlement Hearing: (1a) A detailed statement of the specific legal and factual basis for each and every objection; and (2b) A detailed description of any and all evidence the Objector objector may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which the Objector objector may introduce at the Final Settlement Hearing. 7279. All objectors shall make themselves available to be deposed by any Party in the county of the objector's ’s residence within seven (7) days of service of his, her, or its the objector’s timely written objectionObjection (though the objector and Party may agree to a later date). 7380. Any Class Member who does not file a timely notice of intent to object Objection in accordance with this Section shall waive the right to object or to be heard at the Final Settlement Hearing and shall be forever barred from making any objection to the Settlement, or from filing or having standing to appeal any judgment or Orders issued by the Court. Settlement Class Members who object to the Settlement shall remain Settlement Class Members, and have voluntarily waived their right to pursue an independent remedy against DefendantDefendants. To the extent any Settlement Class Member(s) objects to the Settlement, and such objection is overruled in whole or in part, such Settlement Class Member(s) will be forever bound by the Judgment of the Court.

Appears in 1 contract

Samples: Settlement Agreement

OBJECTIONS AND REQUESTS FOR EXCLUSION. 6864. 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. 6965. Settlement Class Members who do not request exclusion opt out 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 67 and 7168. 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. 7066. 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 Defendants 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 attorneyattorney or law firm, 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. 7167. In addition to the foregoing, a notice of intent to object must contain the following information, if the Class Member or his/her or its attorney requests permission to speak at the Final Settlement Hearing: (1) A detailed statement of the specific legal and factual basis for each and every objection; and (2) A detailed description of any and all evidence the Objector may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which the Objector may introduce at the Final Settlement Hearing. 7268. All objectors Objectors shall make themselves available to be deposed by any Party in the county of the objectorObjector's residence within seven (7) days of service of his, her, or its timely written objection. 7369. Any Class Member who does not file a timely notice of intent to object in accordance with this Section shall waive the right to object or to be heard at the Final Settlement Hearing and shall be forever barred from making any objection to the Settlement. Settlement Class Members who object to the Settlement shall remain Settlement Class Members, and have voluntarily waived their right to pursue an independent remedy against DefendantDefendants. To the extent any Settlement Class Member(s) objects to the Settlement, and such objection is overruled in whole or in part, such Settlement Class Member(s) will be forever bound by the Judgment of the Court.

Appears in 1 contract

Samples: Settlement Agreement

AutoNDA by SimpleDocs

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 ’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 Defendants 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 to the foregoing, a notice of intent to object must contain the following information, if the Class Member or his/her or its attorney requests permission to speak at the Final Settlement Hearing: (1) A detailed statement of the specific legal and factual basis for each and every objection; and (2) A detailed description of any and all evidence the Objector may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which the Objector may introduce at the Final Settlement Hearing. 72. All objectors shall make themselves available to be deposed by any Party in the county of the objector's residence within seven (7) days of service of his, her, or its timely written objection. 73. Any Class Member who does not file a timely notice of intent to object in accordance with this Section shall waive the right to object or to be heard at the Final Settlement Hearing and shall be forever barred from making any objection to the Settlement. Settlement Class Members who object to the Settlement shall remain Settlement Class Members, and have voluntarily waived their right to pursue an independent remedy against DefendantDefendants. To the extent any Settlement Class Member(s) objects to the Settlement, and such objection is overruled in whole or in part, such Settlement Class Member(s) will be forever bound by the Judgment of the Court.

Appears in 1 contract

Samples: Settlement Agreement

OBJECTIONS AND REQUESTS FOR EXCLUSION. 6857. Settlement Class Members who wish to exclude themselves from the Settlement Class Classes must prepare serve a written request for exclusion, postmarked no later than thirty forty-five (3045) days before after the Final Settlement HearingNotice Date, 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 ClassClasses. 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. 6958. Settlement Class Members who do not request exclusion opt out may object to the Proposed Settlement. Settlement Class Members who choose to object to the Settlement must file written notices of intent to object their objection in accordance with Paragraphs 70 and 7156-59. Any Class Member may appear at the Final Settlement Approval 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. 7059. 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 fourteen (3014) days before the Final Settlement Approval 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; (65) State whether the Objector intends to appear at the Final Settlement Approval Hearing, either in person or through counsel. 71. In addition to the foregoing, a notice of intent to object must contain the following information, if the Class Member or his/her or its attorney requests permission to speak at the Final Settlement Hearing:; (16) A Contain a detailed statement of the specific legal and factual basis for each and every objection; and (27) A Contain a detailed description of any and all evidence the Objector may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which the Objector may introduce at the Final Settlement Approval Hearing. 72. All objectors shall make themselves available to be deposed by any Party in the county of the objector's residence within seven (7) days of service of his, her, or its timely written objection. 7360. Any Class Member who does not file a timely notice of intent to object objection in accordance with this Section shall waive the right to object or to be heard at the Final Settlement Approval Hearing and shall be forever barred from making any objection to the Settlement, or from filing or having standing to appeal any judgement or Orders issued by the Court. Settlement Class Members who object to the Settlement shall remain Settlement Class Members, and have voluntarily waived their right to pursue an independent remedy against Defendant. To the extent any Settlement Class Member(s) objects to the Settlement, and such objection is overruled in whole or in part, such Settlement Class Member(s) will be forever bound by the Judgment judgment of the Court.

Appears in 1 contract

Samples: Settlement Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!