OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. After the Settlement Class has been determined and certified, Settlement Class Members can make Objections to the Settlement before the close of the Claims Period. 2. 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 with the Court a written notice of objection by the Objection Date. Any Objection must be postmarked no later than the Objection Date. Such objection shall state the name, address and telephone number of the person, 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 said person wishes to be considered in support of the objection. The objection shall be signed. In accordance with law, only objections received from Settlement Class Members will be considered by the Court. 3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system. 4. In accordance with law, only Settlement Class Members who have objected to the Settlement pursuant to the terms above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, even though 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 an appeal.
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. Only Class members who have submitted a Valid Claim may object to the Settlement.
2. After entry of the Settlement Class has been determined and certifiedPreliminary Approval Order, Settlement a period of time is established in order to allow for approved Class Members can to make Objections to the Settlement before the close of the Claims Period.
2Settlement. 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 with the Court a written notice of objection by the Objection Date. Any Objection must be postmarked no later than the Objection Date. Such objection shall state the name, address address, and telephone number of the person, 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 said person wishes to be considered in support of the objection.
3. No objecting Class Member will be permitted to appear and object at the Final Approval Hearing unless he or she has timely filed and served a written objection and filed a Notice of Intention to Appear with the Court. Class Members or their attorneys intending to make an appearance at the Final Approval Hearing must, no later than fifteen (15) days prior to the Final Approval Hearing, file with the Court and serve Class Counsel and Defendant's Counsel with a Notice of Intention to Appear that (i) states how much time the Class Member and/or his/her attorney anticipates needing to present his or her objection; (ii) identifies by name, address, and telephone number the Class Member making the objection, and a summary of the testimony supporting the objection; (iii) identifies by name, address, and telephone number all witnesses the Class Member and/or his/her attorney intends to present testimony from, including a summary of the testimony; (iv) identifies all exhibits the Class Member and/or his/her attorney intends to offer in support of the objection(s) and attaches complete copies of all exhibits; and (v) contains the signature of the Class Member making the objection and a statement under penalty of perjury that the individual is a member of the Class.
4. Upon entry of the Preliminary Approval Order, the Settlement Administrator shall cause information regarding a Class Member's right to make an objection and instructions on how to make an objection to be mailed to each Class Member. This information will include instructions for a Class Member to state an objection, their grounds for the objection, an option to request to be heard at the Final Approval Hearing if they so desire, and instructions regarding the objection process.
5. 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 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 Class Members who have any objections to file such notice of objection or request to be heard, with the Clerk of the Court. Upon such filing, the Clerk of the Court shall provide notice of objection or request to be signedheard, including all papers or evidence in support thereof, upon the Class Counsel and Defendant's Counsel. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court shall not be heard during the Final Approval Hearing, nor shall the Court consider their Objections.
6. In accordance with law, only objections received from Settlement Class Members will be considered by the Court.
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
4. In accordance with law, only Settlement Class Members who have objected to the Settlement pursuant to the terms above above, including submission of a Valid Claim, may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, even though 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 an appeal.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. After the Settlement Class has been determined and certified, Settlement Class Members can make Objections to the Settlement before the close of the Claims Period.
2. 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 with the Court a written notice of objection by the Objection Date. Any Objection must be postmarked no later than the Objection Date. Such objection shall state the name, address and telephone number of the personperson 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 said such person wishes to be considered in support of the objection. The objection shall be signed. In 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 law, only objections received from 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.
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
4. 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, even though 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 an appeal.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. A. After the Settlement Class has been determined and certified, a period of time will be established in order to allow for approved Settlement Class Members can to make Objections to the Settlement before the close of the Claims Period.
2Settlement. 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 with the Court a written notice of objection by the Objection Date. Any Objection must be postmarked no later than the Objection Date. Such objection shall state the name, address and telephone number of the person, 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 said person wishes to be considered in support of the objection.
B. No objecting Class Member will be permitted to appear and object at the Final Approval Hearing unless he or she has timely filed and served a written objection and filed a Notice of Intention to Appear with the Court. Class Members or their attorneys intending to make an appearance at the Final Approval Hearing must, no later than fifteen (15) days prior to the Final Approval Hearing, file with the Court and serve Class Counsel and Defendants’ counsel with a Notice of Intention to Appear that (i) states how much time the Class Member and/or his/her attorney anticipates needing to present his or her objection; (ii) identifies by name, address, and telephone number the Class Member making the objection, and a summary of the testimony supporting the objection; (iii) identifies by name, address, and telephone number all witnesses the Class Member and/or his/her attorney intends to present testimony from, including a summary of the testimony; (iv) identifies all exhibits the Class Member and/or his/her attorney intends to offer in support of the objection(s) and attaches complete copies of all exhibits; and (v) contains the signature of the Class Member making the objection and a statement under penalty of perjury that the individual is a member of the Class, i.e. that the individual was placed and/or kept in the custody of the Xxxxx County Jail pursuant to the Combative Subjects Policy during the relevant time period.
C. 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 objection shall be signed. In accordance with law, only objections received from Preliminary Approval Order and Class Notice will require all Settlement Class Members will who have any objections to file such notice of objection or request to be considered by the Court.
3. The Parties will askheard, through the Motion for Preliminary Approval, that with the Clerk of Court file any requests for exclusion received in the Court’s docket . Upon such filing, the Clerk of the Court shall provide notice of objection or request to be heard, including all papers or evidence in support thereof, upon the Class Counsel and send notice Defendants’ Counsel. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Parties through Clerk of the Court’s Electronic Case File systemCourt shall not be heard during the Final Approval Hearing, nor shall the Court consider their Objections.
4. D. In accordance with law, only Settlement Class Members who have objected to the Settlement pursuant to the terms above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, even though 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 an appeal.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. After A. The Parties will request that the Settlement Class has been determined and certified, Settlement Class Members can make Objections to the Settlement before the close of the Claims Period.
2. Any Settlement 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 with the Court a written notice of objection by the Objection Date, as well as a 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 the position(s) the objector wishes to assert, including the factual and legal grounds for the position; and (iii) provide copies of any other documents that the objector wishes to submit in support of his/her/its position. Finally, subject to approval of the Court, 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, incentive awards, and reimbursement of reasonable litigation costs and expenses. The objecting Class Member must file with the Clerk of the Court and serve upon all counsel designated in the Class Notice, a notice of intention to appear at the Fairness Hearing (“Notice of Intention to Appear”) by the Objection Deadline or on such other date that may be set forth in the Class 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 Objection must Class Member who does not provide a Notice of Intention to Appear in complete accordance with the deadlines and other specifications set forth in the Class Notice, and who has not filed an objection in complete accordance with the deadlines and other specifications set forth in this Settlement Agreement and the Class Notice, subject to approval by the Court, will be postmarked deemed to have waived any objections to the Settlement and can be barred from speaking or 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, and to seek any documentary evidence or other tangible things that are relevant to the 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 objector or the objector’s counsel should the Court determine that the objection is frivolous or is made for an improper purpose.
B. 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 Class Member’s objection to the Settlement Agreement, in accordance with the due process rights of all Class Members. The Preliminary Approval Order and Class Notice will require all Class Members who have any objections to file such notice of objection or request to be heard with the Court, and serve by mail or hand delivery such notice of objection or request to be heard upon Class Counsel and Defendants’ Counsel at the addresses set forth in the Class Notice, by no later than the Objection Date. Such objection shall state The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the nameCourt, address along with the required information and telephone number of documentation set forth above, or to serve them as provided above, may not be heard during the personFinal Approval Hearing, as well as a detailed statement of each objection asserted, including the grounds for objection their objections may be waived and reasons for appearing and being heard, together with any documents said person wishes to be considered in support of the objection. The objection shall be signed. In accordance with law, only their objections received from Settlement Class Members will may not be considered by the Court.
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in at the Court’s docket discretion.
C. Nobel and send notice Plaintiffs agree to the Parties through both defend any appeal from the Court’s Electronic Case File system.
4. In accordance with law, only Settlement Class Members who have objected order granting final approval to the Settlement pursuant Settlement, with each party bearing their own attorney’s fees and costs in such appeals. Any portion of an appeal that relates to the terms above may appeal award of attorney’s fees and costs shall be the responsibility of Class Counsel, and any Final Judgment. The proposed Final Judgment shall provide that any Settlement fees and/or costs incurred by Class Member who wishes to appeal Counsel in such appeals are the Final Judgment, even though appeal will delay the distribution sole responsibility 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 an appealClass Counsel and/or Plaintiff.
Appears in 1 contract
Samples: Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. After the Settlement Class has been determined and certified, Settlement Class Members can make Objections to the Settlement before the close of the Claims Period.
2. A. Any Settlement Class Member member who wishes to be heard orally at the Final Approval Hearingfinal approval hearing, or who wishes for any objection to be considered, must file with the Court a written notice of objection by the Objection Date. Any Objection must be postmarked no later than objection date as stated in the Objection Datelegal notice to Class members (Exhibit B). Such objection shall state the name, address and telephone number of the personperson 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 said such person wishes to be considered in support of the objection;
B. 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 objection shall be signed. In accordance with law, only objections received from Preliminary Approval Order and Class Notice will require all Settlement Class Members members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and served by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon 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.;
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
4. C. In accordance with law, only Settlement Class Members members who have objected object to the Settlement settlement pursuant to the terms immediately above may appeal any Final Judgmentfinal judgment. The proposed Final Judgment final judgment shall provide that any Settlement Class Member member who wishes to appeal the Final Judgmentfinal judgment, even though which appeal will delay the distribution of the Settlement settlement to the Settlement Class, shall post a bond with this Court in an amount to be determined by the Court as a condition of prosecuting such an appeal;
D. In the event that the number of opt-outs or objectors exceeds fifteen (15), the Defendants reserve their right to nullify the settlement and proceed forward with the litigation, in which case the litigation would proceed as if this settlement never occurred.
Appears in 1 contract
Samples: Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. After the Settlement Class has been determined and certified, Settlement Class Members can make Objections to the Settlement before the close of the Claims Period.
2. 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 with the Court a written notice of objection by the Objection Date. Any Objection must be postmarked no later than the Objection Date. Such objection shall state the name, address and telephone number of the personperson and provide proof of that the person is a Settlement Class Member, 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 said such person wishes to be considered in support of the objection.
2. The objection shall be signed. In 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 law, only objections received from 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 Defendant’s 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.
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
4. 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, even though which appeal will delay the distribution of the Settlement to the ClassSettlement Class Members, shall post a bond with this Court in an amount to be determined by the Court as a condition of prosecuting such an appeal.
Appears in 1 contract
Samples: Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. After A. The Parties will request that the Settlement Class has been determined and certified, Settlement Class Members can make Objections to the Settlement before the close of the Claims Period.
2. Any Settlement 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 with the Court 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. To state a valid objection to the Settlement, an objecting Class Member must include in their objection: (i) full name, current address, and current telephone number; (ii) documentation sufficient to establish membership in the Class, including but not limited to a valid Claim form with a Proof of Purchase Receipt or Alternative Proof of Purchase; (iii) a statement of the position(s) the objector wishes to assert, including the factual and legal grounds for the position; and (iv) provide copies of any other documents that the objector wishes to submit in support of his/her position. Subject to approval of the Court, 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 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. Any Objection must Class Member who does not provide a Notice of Intention to Appear in complete accordance with specifications set forth in the Class Notice, subject to approval by the Court, may be postmarked deemed to have waived any objections to the Settlement and may be barred from speaking or otherwise presenting any views at the Final Approval Hearing.
B. 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 Class Member’s objection to the Settlement Agreement, in accordance with the due process rights of all Class Members. The Preliminary Approval Order and Class Notice will require all Class Members who have any objections to file such notice of objection or request to be heard with the Court via the Court’s ECF system, and to serve on the Claims Administrator by mail or hand delivery any such notice of objection or request to be heard, at the addresses set forth in the Class Notice, by no later than the Objection Date. Such objection shall state The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the nameCourt, address along with the required information and telephone number of documentation set forth above, or to serve them as provided above, may not be heard during the personFinal Approval Hearing, as well as a detailed statement of each objection asserted, including the grounds for objection their objections may be waived and reasons for appearing and being heard, together with any documents said person wishes to be considered in support of the objection. The objection shall be signed. In accordance with law, only their objections received from Settlement Class Members will may not be considered by the Court.
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in at the Court’s docket and send notice to the Parties through discretion.
C. Class Counsel agrees that it will be solely responsible for defending the Court’s Electronic Case File system.
4Final Approval Order or Final Approval Order on Fees in the event of an appeal. In accordance with lawQuorn will make a filing or filings that joins Class Counsel’s defense of the Final Approval Order and/or Final Approval Order on Fees (or other order approving Class Counsel’s Fees and Expenses or the Class Representative’s Service Award), only Settlement or will not oppose such filings by Class Members who have objected Counsel. Any fees and/or costs incurred by Class Counsel in such appeals, including fees and/or costs incurred to settle any claims by objectors, are the sole responsibility of Class Counsel. Class Counsel may not seek to recover for such fees and/or costs that may be over and above what the Court awards as Class Counsel’s Fees and Expenses either form the Settlement pursuant to the terms above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Settlement Class Member who wishes to appeal the Final Judgment, even though 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 an appealFund or from Quorn.
Appears in 1 contract
Samples: Class Action Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. After the Settlement Class has been determined and certified, Settlement Class Members can make Objections to the Settlement before the close of the Claims Period.
2. Any Settlement Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection Objection to be considered, must file with the Court a written notice of objection Objection by the Objection Date. Any Objection must be postmarked no not later than the Objection Date. Such objection Objection shall state the name, address and telephone number of the person, as well as a detailed statement of each objection Objection asserted, including the grounds for objection Objection and reasons for appearing and being heard, together with any documents said such person wishes to be considered in support of the objectionObjection.
2. The objection shall be signed. In 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 law, only objections received from 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 Defendant’s 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. The Settlement Administrator shall provide the parties with a copy of any Objections for their review within three (3) business days of receipt.
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
4. 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, even though 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 an appeal.
Appears in 1 contract
Samples: Settlement Agreement
OBJECTIONS BY SETTLEMENT CLASS MEMBERS. 1. After the Settlement Class has been determined and certified, Settlement Class Members can make Objections to the Settlement before the close of the Claims Period.
2. A. Any Settlement Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, considered at the Final Approval Hearing must file with the Court a written notice of objection with the Court by the Objection Date. Any Objection must be postmarked no later than the Objection DateDate and provide notice to Class Counsel and Defendant’s Counsel. Such objection shall state the name, address address, and telephone number of the person, as well as provide proof of membership in the Settlement Class, and a detailed statement of the legal and factual basis for each objection. All evidence and legal support a Settlement Class Member wishes to use to support an objection assertedmust be filed with the Court and sent to the Parties by the Objection Deadline. The Parties may file a response to any objection. An objection will be barred if the requirements of this paragraph are not followed.
B. Any Settlement Class Member who timely files and serves an objection in accordance with this section may appear at the Final Approval Hearing, either in person or through an attorney, if the Settlement Class Member files a Notice of Intention to Appear with the Court Clerk no later than twenty days before the Final Approval Hearing. The Settlement Class Member shall send the Notice of Intention to Appear to Class Counsel and Defendant’s Counsel no later than twenty days before the Final Approval Hearing. Failure to adhere to the requirements of this paragraph will bar a Settlement Class Member from being heard at the Final Approval Hearing, either individually or through an attorney, unless the Court orders otherwise.
C. 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 Class Member’s objections to the Settlement Agreement, in accordance with such Settlement Class Member’s due process rights. The Preliminary Approval Order and Class Notice will require all 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 the grounds for objection and reasons for appearing and being heard, together with any documents said person wishes to be considered all papers or evidence in support thereof, upon one of the objectionClass Counsel and Defendant’s Counsel, at the addresses set forth below, no later than the Objection Date. The objection 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 signed. In accordance with lawheard during the Final Approval Hearing, only nor shall their objections received from Settlement Class Members will be considered by the Court.
3. The Parties will ask, through the Motion for Preliminary Approval, that the Clerk of Court file any requests for exclusion received in the Court’s docket and send notice to the Parties through the Court’s Electronic Case File system.
4. D. In accordance with law, only Settlement Class Members who have objected may object 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, even though 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 an appeal.
Appears in 1 contract
Samples: Settlement Agreement