Common use of OBJECTIONS BY SETTLEMENT CLASS MEMBERS Clause in Contracts

OBJECTIONS BY SETTLEMENT CLASS MEMBERS. Any Settlement Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by the Objection Date. Such objection shall state the name, address and telephone number of the person and provide proof of membership in the Settlement Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered in support of the objection. The agreed-upon procedures and requirements for filing objections in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Settlement Class Members’ objections to the Settlement Agreement, in accordance with such Settlement Class Members’ due process rights. The Preliminary Approval Order and Class Notice will require all Settlement Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendants’ Counsel, at the addresses set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court, along with the required information and documentation set forth above, or to serve them as provided above, shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court. In accordance with law, only Settlement Class Members who have objected to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in an amount to be determined by the Court as a condition of prosecuting such appeal.

OBJECTIONS BY SETTLEMENT CLASS MEMBERS. Any Settlement Each Class Member wishing to object to the Settlement shall submit a timely written notice of his or her objection. Such notice shall state: (i) the objector's full name, address, telephone number and e-mail address; (ii) information identifying the objector as a Class Member; (iii) a written statement of all grounds for the objection accompanied by any legal support for the objection; (iv) the identity of all counsel representing the objector; (v) the identity of all counsel representing the objector who wishes to be heard orally will appear at the Final Approval Hearing, or ; (vi) a list of all persons who wishes for any objection will be called to be considered, must file a written notice of objection by testify at the Objection Date. Such objection shall state the name, address and telephone number of the person and provide proof of membership in the Settlement Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered Final Approval Hearing in support of the objection; (vii) a statement confirming whether the objector intends to testify at the Final Approval Hearing; (viii) 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 authorization); and (ix) a list, by case name, court, and docket number, of all other cases in which the objector and objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years. The To be timely, written notice of an objection in appropriate form and with the required information must be, by the Objection Date, filed with the United States District Court for the Eastern District of Arkansas, Central Division, and served therewith upon both Class Counsel and Defendants’ Counsel at the addresses set forth below in Section V. These agreed-upon procedures and requirements for filing objections in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Settlement Class Members’ Member's objections to the Settlement Agreement, in accordance with such Settlement Class Members’ Member’s due process rights. The Preliminary Approval Order and Class Notice will shall require all Settlement Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and to serve by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendants’ Counsel, Defense Counsel at the addresses set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will shall further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court, along with the required information and documentation set forth above, or to serve them as provided above, shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court. In accordance with law, only Settlement Class Members who have objected to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in an amount to be determined by the Court as a condition of prosecuting such appeal.

OBJECTIONS BY SETTLEMENT CLASS MEMBERS. Any (who do not timely elect to exclude themselves from the Class) must comply with the requirements set forth in the Settlement and with Federal Rule of Civil Procedure 23(e)(5). The Court will consider any such valid objections if filed in writing with the clerk by the Objection Deadline provided in the Notice. At the Fairness Hearing, and subject to this District’s orders regarding the COVID-19 pandemic, Settlement Class Member Members (who wishes do not timely elect to exclude themselves from the Class) may be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by the Objection Date. Such objection shall state the name, address and telephone number of the person and provide proof of membership in the Settlement Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered in support of or in opposition to the objectionSettlement, provided each such 18 person file with the clerk not later than two weeks before the Fairness Hearing a written notification of his or her desire to appear personally. Failure to comply with the notification requirement may be excused upon a showing of good cause. The agreed-upon procedures and requirements for filing objections deadlines set forth in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Settlement Class Members’ objections to the Settlement Agreement, in accordance with such Settlement Class Members’ due process rights. The this Preliminary Approval Order, including, but not limited to, adjourning the Fairness Hearing, may be extended by Order and Class Notice will require all Settlement Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such for good cause shown, without further notice to the Settlement Class Members, except that notice of objection any such extensions shall be included on the Settlement Website. Settlement Class Members should check 25 the Settlement Website regularly for updates and further details regarding extensions of these deadlines. 28 No. 5:19-cv-05543 1 If, for any reason, the Court does not execute and file an Order of Final Approval, or request if the 2 Effective Date does not occur for any reason whatsoever, the proposed Settlement and the 3 proposed Settlement subject of this Order and all evidence and proceedings had in connection 4 therewith, shall be without prejudice to be heard, including all papers or evidence in support thereof, upon one the status quo ante rights of the Class Counsel and Defendants’ Counsel, at parties to the addresses litigation as 5 more specifically set forth in the Settlement. 6 Class NoticeCounsel, no later than Defendants’ counsel, and the Objection Date. The Preliminary Approval Settlement Administrator are hereby 7 authorized to use all reasonable procedures in connection with approval and administration of the 8 Settlement that are not materially inconsistent with this Order will or the Settlement, including 9 making, without further provide that objectors who fail to properly or timely file their objections with the Clerk approval of the Court, along with minor changes to the required information and documentation set forth aboveSettlement, to the form or 10 content of the Notice, or to serve them as provided above, shall not be heard during any other exhibits that the Final Approval Hearing, nor shall their objections be considered by the Court. In accordance with law, only Settlement Class Members who have objected to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in an amount to be determined by the Court as a condition of prosecuting such appealParties jointly agree are reasonable or 11 necessary.

OBJECTIONS BY SETTLEMENT CLASS MEMBERS. Any Settlement A. The Parties will request that the Court enter an order requiring any Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must to file a written notice of objection via the Court’s ECF system by the Objection Date, which the parties propose be set for thirty (30) days from the date of the Class Notice is first published or such date as otherwise ordered by the Court. Such To state a valid objection shall state to the Settlement, an objecting Class Member must include in their objection: (i) full name, address current address, and current telephone number of the person and provide proof of number; (ii) documentation sufficient to establish membership in the Settlement Class, as well as including but not limited to a detailed valid Claim form with a Proof of Purchase Receipt or Alternative Proof of Purchase; (iii) a statement of each objection assertedthe position(s) the objector wishes to assert, including the factual and legal grounds for objection the position; and reasons for appearing and being heard, together with (iv) provide copies of any other documents such person that the objector wishes to be considered submit in support of his/her position. Subject to approval of the objectionCourt, any objecting Class Member may appear, in person or by counsel, at the Final Approval Hearing held by the Court, to show cause why the proposed Settlement should not be approved as fair, adequate, and reasonable, or object to any petitions for attorneys’ fees, service awards, and reimbursement of reasonable litigation costs and expenses. If the objecting Class Member intends to appear at the Final Approval hearing, he or she must also file with the Clerk of the Court a notice of intention to appear at the Final Approval Hearing (“Notice of Intention to Appear”) by the Objection and Comment Date. The agreed-upon procedures and requirements for filing objections Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that the objecting Class Member (or his/her counsel) will present to the Court in connection with the Final Approval Hearing are intended Hearing. Any Class Member who does not provide a Notice of Intention to ensure the efficient administration of justice and the orderly presentation of any Settlement Class Members’ objections to the Settlement Agreement, Appear in complete accordance with such Settlement Class Members’ due process rights. The Preliminary Approval Order and Class Notice will require all Settlement Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendants’ Counsel, at the addresses specifications set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will further provide that objectors who fail subject to properly or timely file their objections with the Clerk of approval by the Court, along with may be deemed to have waived any objections to the required information Settlement and documentation set forth above, may be barred from speaking or to serve them as provided above, shall not be heard during otherwise presenting any views at the Final Approval Hearing, nor shall their objections be considered by the Court. In accordance with law, only Settlement Class Members who have objected to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in an amount to be determined by the Court as a condition of prosecuting such appeal.

OBJECTIONS BY SETTLEMENT CLASS MEMBERS. Any Settlement A. The Parties will request that the Court enter an order requiring any Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must to file a written notice of objection by the Objection Date. Such objection shall state the name, address and telephone number of the person and provide proof of membership in the Settlement Class, as well as a detailed notice of intention to appear at the Final Approval Hearing. To state a valid objection to the Settlement, an objecting Class Member must provide the following information in his of her written objection: (i) full name, current address, and current telephone number; (ii) a statement of each objection assertedthe position(s) the objector wishes to assert, including the factual and legal grounds for objection the position; and reasons for appearing and being heard, together with (iii) provide copies of any other documents such person that the objector wishes to be considered submit in support of his/her/its position. Finally, subject to approval of the objection. The agreed-upon procedures and requirements for filing objections Court, any objecting Class Member may appear, in connection with person or by counsel, at the Final Approval Hearing are intended held by the Court, to ensure show cause why the efficient administration proposed Settlement should not be approved as fair, adequate and reasonable, or object to any petitions for attorneys’ fees, incentive awards, and reimbursement of justice reasonable litigation costs and the orderly presentation of any Settlement Class Members’ objections to the Settlement Agreement, in accordance with such Settlement Class Members’ due process rightsexpenses. The Preliminary Approval Order and objecting Class Notice will require all Settlement Class Members who have any objections to Member must file such notice of objection or request to be heard with the Clerk of the Court, Court and serve by mail or hand delivery such upon all counsel designated in the Class Notice, a notice of objection intention to appear at the Fairness Hearing (“Notice of Intention to Appear”) by the Objection Deadline or request to on such other date that may be heard, including all papers or evidence set forth in support thereof, upon one of the Class Counsel Notice. The Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that the objecting Class Member (or his/her/its counsel) will present to the Court in connection with the Fairness Hearing. Any Class Member who does not provide a Notice of Intention to Appear in complete accordance with the deadlines and Defendants’ Counsel, at the addresses other specifications set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will further provide that objectors and who fail to properly or timely file their objections has not filed an objection in complete accordance with the Clerk of deadlines and other specifications set forth in this Settlement Agreement and the Class Notice, subject to approval by the Court, along with will be deemed to have waived any objections to the required information Settlement and documentation set forth above, can be barred from speaking or to serve them as provided above, shall not be heard during otherwise presenting any views at the Final Approval Hearing. The filing of an objection allows Class Counsel or Defendants’ Counsel to notice such objecting person for and take his or her deposition consistent with the Federal Rules of Civil Procedure at an agreed-upon location, nor shall their objections be considered by the Court. In accordance with law, only Settlement Class Members who have objected and to seek any documentary evidence or other tangible things that are relevant to the Settlement pursuant objection. Failure by an objector to make himself or herself available for a deposition or comply with expedited discovery requests may result in the Court striking said objector’s objection and otherwise denying that person the opportunity to make an objection or be further heard. The Court reserves the right to tax the costs of any such discovery to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal objector or the Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in an amount to be determined by objector’s counsel should the Court as a condition of prosecuting such appealdetermine that the objection is frivolous or is made for an improper purpose.