Objections from Settlement Class Members. 9.4.1. Any Settlement Class Member who does not opt-out but instead wishes to object to the Settlement or any matters described in the Class Notice may do so by filing with the Court a timely notice of their intention to object. Such notice shall state: (i) the objector’s full name, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including evidence that the objector is a member of the Settlement Class; (iii) a written statement of all grounds for the objection, accompanied by any legal support 9.4.2. If the objection is made by or through an attorney, the written objection must also include: (a) the identity and number of the Settlement Class Members represented by objector’s counsel; (b) the identity and number of such represented Settlement Class members who have opted out of the Settlement Class; and (c) the identity and number of such represented Settlement Class Members who have remained in the Settlement Class and have not objected. If the attorney intends to seek fees and expenses from anyone other than the objectors he or she represents, the attorney shall also file with the Court and serve upon Class Counsel and BPPR’s Counsel, not later 9.4.3. Any Settlement Class Member who fails to comply with the requirements for objecting set forth herein shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement and shall be bound by all the terms of the Agreement and by all proceedings, orders, and judgments in the Action. The exclusive means for any challenge to the Settlement shall be through the provisions set forth herein. Without limiting the foregoing, any challenge to the Settlement, the Final Approval Order, and Final Judgment and Order of Dismissal to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack. 9.4.4. The Parties shall file their responses to objections, if any, no later than 10 days prior to the Final Fairness Hearing. 9.4.5. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to, subpoenas and discovery. 9.4.6. Objectors must also make themselves available for deposition by counsel for the Parties between the time the objection is filed and a date no later than 5 days before the Final Fairness Hearing, and the objection must include the dates when the objector is available for deposition. 9.4.7. Any Settlement Class Member who, before the Objection Deadline, files and serves a written objection satisfying the requirements of this section may appear at the Final Fairness 9.4.8. Any Settlement Class Member who fails to timely file such a written statement of his or her intention to object shall be foreclosed from making any objection to the Settlement and shall waive and forfeit any and all rights he or she may have to appear separately and/or object and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments, including but not limited to, the releases contained in this Agreement.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Objections from Settlement Class Members. 9.4.1. Any Settlement Class Member who does not opt-out but instead wishes to object to the Settlement or any matters described in the Class Notice may do so by filing with the Court a timely notice of their intention to object. Such notice shall state: (i) the objector’s full name, address, telephone number, and e-mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including evidence that the objector is a member of the Settlement Class; (iii) a written statement of all grounds for the objection, accompanied by any legal supportsupport for the objection the objector believes applicable; (iv) the identity of all counsel representing or assisting the objector, if any; (v) the identity of all counsel representing the objector who will appear at the Final Fairness Hearing, if any; (vi) a list of all Persons who will be called to testify at the Final Fairness Hearing in support of the objection, if any; (vii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation), if any; (ix) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through counsel) has filed an objection to any proposed class action settlement within the last 3
9.4.2. If the objection is made by or through an attorney, the written objection must also include: (a) the identity and number of the Settlement Class Members represented by objector’s counsel; (b) the identity and number of such represented Settlement Class members who have opted out of the Settlement Class; and (c) the identity and number of such represented Settlement Class Members who have remained in the Settlement Class and have not objected. If the attorney intends to seek fees and expenses from anyone other than the objectors he or she represents, the attorney shall also file with the Court and serve upon Class Counsel and BPPRPopular Bank’s Counsel, not laterlater than 15 days before the Final Fairness Hearing or as the Court may otherwise direct, a document containing the following: (i) the amount of fees sought by the attorney for representing the objector and the factual and legal justification for the fees being sought; (ii) a statement regarding whether the fees being sought were calculated on the basis of a lodestar, contingency, or other method; (iii) the number of hours already spent by the attorney and an estimate of the hours to be spent in the future; and (iv) the attorney’s hourly rate.
9.4.3. Any Settlement Class Member who fails to comply with the requirements for objecting set forth herein shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement and shall be bound by all the terms of the Agreement and by all proceedings, orders, and judgments in the Action. The exclusive means for any challenge to the Settlement shall be through the provisions set forth herein. Without limiting the foregoing, any challenge to the Settlement, the Final Approval Order, and Final Judgment and Order of Dismissal to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.Agreement
9.4.4. The Parties shall file their responses to objections, if any, no later than 10 calendar days prior to the Final Fairness Hearing.
9.4.5. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to, subpoenas and discovery.
9.4.6. Objectors must also make themselves available for deposition by counsel for the Parties between the time the objection is filed and a date no later than 5 days before the Final Fairness Hearing, and the objection must include the dates when the objector is available for deposition.
9.4.7. Any Settlement Class Member who, before the Objection Deadline, files and serves a written objection satisfying the requirements of this section may appear at the Final FairnessFairness Hearing, either in person or through personal counsel hired at the Settlement Class Member’s expense, to object to any aspect of the fairness, reasonableness, or adequacy of the Settlement. Settlement Class Members, or their attorneys, intending to make an appearance at the Final Fairness Hearing must deliver to Class Counsel and Popular Bank’s Counsel and have file-marked by the Court, no later than the Objection Deadline, or as the Court otherwise may direct, a “Notice of Intent to Appear.” The Notice of Intent to Appear must: (i) state how much time the Settlement Class Member anticipates needing to present the objection; (ii) identify, by name, address, and telephone number all witnesses the Settlement Class Member proposes to have testify; (iii)
9.4.8. Any Settlement Class Member who fails to timely file such a written statement of his or her intention to object shall be foreclosed from making any objection to the Settlement and shall waive and forfeit any and all rights he or she may have to appear separately and/or object and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments, including but not limited to, the releases contained in this Agreement.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Objections from Settlement Class Members. 9.4.18.2.1. Any Settlement Class Member who does not opt-out but instead wishes to object to the Settlement or any matters described in the Class Notice may do so by filing with the Court a timely notice of their his or her intention to object.
8.2.2. Each Settlement Class Member desiring to object to the Settlement Agreement or to the attorneys’ fees, costs and expenses, 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 (if any); (ii) information identifying the objector as a Settlement Class MemberMember in this Action, including evidence that the objector is a member of the Settlement Class; (iii) a written statement of all grounds for the objection, accompanied by any legal supportthe
9.4.28.2.3. If the objection is made by or through an attorney, the written objection must also include: (a1) the identity and number of the Settlement Class Members represented by objector’s counsel; (b2) the identity and number of such represented Settlement Class members Members who have opted out of the Settlement Class; and (c3) the identity and number of such represented Settlement Class Members who have remained in the Settlement Class and have not objected. If the attorney intends to seek fees and expenses from anyone other than the objectors he or she represents, the attorney shall also file with the Court and serve upon Class Counsel and BPPRBANA’s Counsel, not laterlater than fifteen (15) days before the Final Fairness Hearing or as the Court may otherwise direct, a document containing the following: (i) the amount of fees sought by the attorney for representing the objector and the factual and legal justification for the fees being sought; (ii) a statement regarding whether the fees being sought were calculated on the basis of a lodestar, contingency, or other method; (iii) the number of hours already spent by the attorney and an estimate of the hours to be spent in the future; and (iv) the attorney’s hourly rate.
9.4.38.2.4. Any Settlement Class Member who fails to comply with the requirements for objecting set forth herein shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders, orders and judgments in the Action. The exclusive means for any challenge to the Settlement shall be through the provisions set forth herein. Without limiting the foregoing, any challenge to the Settlement, the Final Approval Order, and Final Judgment and Order of Dismissal to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.Agreement shall
9.4.48.2.5. The Settling Parties shall file their responses to objectionsObjections, if any, to the settlement no later than 10 ten (10) days prior to the Final Fairness Hearing.
9.4.58.2.6. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to, to subpoenas and discovery.
9.4.68.2.7. Objectors must also make themselves available for deposition by counsel for the Parties between the time the objection is filed and a date no later than 5 five (5) days before the Final Fairness Hearing, and the objection must include the dates when the objector is available for deposition.
9.4.78.2.8. Any Settlement Class Member who, before within forty-five (45) prior to the Final Approval Hearing (the Objection Deadline), files and serves a written objection satisfying the requirements of this section may appear at the Fairness Hearing, either in person or through personal counsel hired at the Settlement Class Member’s expense, to object to any aspect of the fairness, reasonableness, or adequacy of the Settlement. Settlement Class members, or their attorneys, intending to make an appearance at the Final FairnessFairness Hearing must deliver to Class Counsel and XXXX’s Counsel and have file-marked by the Court, no later than forty-five (45) days before the
9.4.88.2.9. Any Settlement Class Member who fails to timely file such a written statement of his or her intention to object shall be foreclosed from making any objection to the Settlement and shall waive and forfeit any and all rights he or she may have to appear separately and/or object object, and shall be bound by all the terms of this Settlement Agreement and by all proceedings, orders and judgments, including but not limited to, the releases Release contained in this Settlement Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Objections from Settlement Class Members. 9.4.1. Any Settlement Class Member who does not opt-out but instead wishes to object to the Settlement or any matters described in the Class Notice may do so by filing with the Court a timely notice of their his or her intention to object.
9.4.2. Each Settlement Class Member desiring to object to the Settlement Agreement or to the attorneys' fees, costs and expenses, 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-e- mail address (if any); (ii) information identifying the objector as a Settlement Class Member, including evidence that the objector is a member of the Settlement Class; (iii) a written statement of all grounds for the objection, accompanied by any legal supportsupport for the objection the objector believes applicable; (iv) the identity of all counsel representing or assisting the objector, if any; (v) the identity of all counsel representing the objector who will appear at the Final Fairness Hearing, if any; (vi) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection, if any; (vii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation), if any; (ix) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through counsel) has filed an objection to any proposed class action settlement within the last three (3) years; (x) a list, by case name, court, and docket number, of all other cases in which the objector’s counsel (on behalf of any
9.4.29.4.3. If the objection is made by or through an attorney, the written objection must also include: (a1) the identity and number of the Settlement Class Members represented by objector’s counsel; (b2) the identity and number of such represented Settlement Class members Members who have opted out of the Settlement Class; and (c3) the identity and number of such represented Settlement Class Members who have remained in the Settlement Class and have not objected. If the attorney intends to seek fees and expenses from anyone other than the objectors he or she represents, the attorney shall also file with the Court and serve upon Class Counsel and BPPRBANA’s Counsel, not laterlater than fifteen (15) calendar days before the Final Fairness Hearing or as the Court may otherwise direct, a document containing the following: (i) the amount of fees sought by the attorney for representing the objector and the factual and legal justification for the fees being sought; (ii) a statement regarding whether the fees being sought were calculated on the basis of a lodestar, contingency, or other method; (iii) the number of hours already spent by the attorney and an estimate of the hours to be spent in the future; and (iv) the attorney’s hourly rate.
9.4.39.4.4. Any Settlement Class Member who fails to comply with the requirements for objecting set forth herein shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders, orders and judgments in the Action. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions set forth herein. Without limiting the foregoing, any challenge to the SettlementSettlement Agreement, the Final Approval Order, Order and Final Judgment and Order of Dismissal to be entered upon Final Approval final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
9.4.49.4.5. The Settling Parties shall file their responses to objectionsObjections, if any, to the settlement no later than 10 ten (10) days prior to the Final Fairness Hearing.
9.4.59.4.6. By filing an objection, objectors and their counsel submit to the jurisdiction of the Court for all purposes, including but not limited to, to subpoenas and discovery.
9.4.69.4.7. Objectors must also make themselves available for deposition by counsel for the Parties between the time the objection is filed and a date no later than 5 five (5) calendar days before the Final Fairness Hearing, and the objection must include the dates when the objector is available for deposition.
9.4.79.4.8. Any Settlement Class Member who, before within forty-five (45) days after the completion of the Notice Plan (the Objection Deadline), files and serves a written objection satisfying the requirements of this section may appear at the Final Fairness
9.4.8. Any Fairness Hearing, either in person or through personal counsel hired at the Settlement Class Member who fails to timely file such a written statement of his or her intention Member’s expense, to object shall be foreclosed from making to any objection aspect of the fairness, reasonableness, or adequacy of the Settlement. Settlement Class members, or their attorneys, intending to make an appearance at the Settlement Final Fairness Hearing must deliver to Class Counsel and shall waive XXXX’s Counsel and forfeit any and all rights he or she may have to appear separately and/or object and shall be bound file-marked by all the terms of this Agreement and by all proceedingsCourt, orders and judgments, including but not limited to, the releases contained in this Agreement.no later than thirty (30) calendar
Appears in 1 contract
Samples: Settlement Agreement
