Common use of Objections to Settlement Clause in Contracts

Objections to Settlement. Any Settlement Class Member who wishes to object to the Settlement or to an award of fees or expenses to Class Counsel must file a written and signed statement designated “Objection” with the Clerk of the Court and provide service on all Parties in accordance with Federal Rule of Civil Procedure 5. 9.6.1. All Objections must certify, under penalty of perjury in accordance with 28 U.S.C. § 1746, that the filer has been legally authorized to object on behalf of the Settlement Class Member and must provide: 9.6.1.1. an affidavit or other proof of the Settlement Class Member’s standing; 9.6.1.2. the name, address, telephone and facsimile number and email address (if available) of the filer and the Settlement Class Member; 9.6.1.3. the name, address, telephone, and facsimile number and email address (if available) of any counsel representing the Settlement Class Member; 9.6.1.4. all objections asserted by the Settlement Class Member and the specific reason(s) for each objection, including all legal support and evidence the Settlement Class Member wishes to bring to the Court’s attention; 9.6.1.5. an indication as to whether the Settlement Class Member wishes to appear at the Final Fairness Hearing; and 9.6.1.6. the identity of all witnesses the Settlement Class Member may call to testify. 9.6.2. All objections must be filed and served on such schedule as the Court may direct. In seeking Preliminary Approval, the Parties will request that the deadline for submission of Objections shall be set on a date no less than sixty (60) calendar days after commencement of dissemination of the Notice. Objections submitted by any Settlement Class Member to incorrect locations shall not be valid. 9.6.3. Settlement Class Members may object either on their own or through any attorney hired at their own expense. If a Settlement Class Member is represented by counsel, the attorney must file a notice of appearance with the Clerk of Court no later than the date ordered by the Court for the filing of Objections and serve such notice on all Parties in accordance with Federal Rule of Civil Procedure 5 within the same time period. 9.6.4. Any Settlement Class Member who fully complies with the provisions of this Paragraph 9.6 may, in the Court’s discretion, appear at the Final Fairness Hearing to object to the Settlement or to the award of fees and costs to Class Counsel. Any Settlement Class Member who fails to comply with the provisions of this Paragraph 9.6 shall waive and forfeit any and all objections the Settlement Class Member may have asserted. 9.6.5. The assertion of an objection under this Paragraph does not operate to opt the Person asserting it out of, or otherwise exclude that Person from, the Settlement Class. A Person within the Settlement Class can opt out of the Settlement Class and Settlement only by complying with the provisions of Paragraph 9.7.

Appears in 3 contracts

Samples: Class Action Settlement Agreement (Chemours Co), Class Action Settlement Agreement (DuPont De Nemours, Inc.), Class Action Settlement Agreement

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Objections to Settlement. Any Settlement Class Member who Eligible Claimant that wishes to object to the Settlement or to an award of fees or expenses to Class Counsel must file a written and written, signed statement designated “Objection” with the Clerk of the Court and provide service on all Parties 3M and Class Representatives in accordance with Federal Rule of Civil Procedure 5. Any Objection must be properly filed and served by the deadline imposed by the Court. In seeking Preliminary Approval of this Settlement Agreement, the Class Representatives will ask the Court to set that deadline sixty (60) calendar days after the date the Notice is mailed. 9.6.18.4.1. All Objections must certify, under penalty of perjury in accordance with 28 U.S.C. § 1746, that the filer has been legally authorized to object on behalf of the Settlement Class Member Eligible Claimant and must provide: 9.6.1.18.4.1.1. an affidavit or other proof of the Settlement Class MemberEligible Claimant’s standing; 9.6.1.28.4.1.2. the name, address, telephone and facsimile number numbers, and email address (if available) of the filer and the Settlement Class MemberEligible Claimant; 9.6.1.38.4.1.3. the name, address, telephone, telephone and facsimile number numbers, and email address (if available) of any counsel representing the Settlement Class MemberEligible Claimant; 9.6.1.48.4.1.4. all objections asserted by the Settlement Class Member Eligible Claimant and the specific reason(s) reasons for each objection, including all legal support and evidence the Settlement Class Member Eligible Claimant wishes to bring to the Court’s attention; 9.6.1.58.4.1.5. an indication as to whether the Settlement Class Member Eligible Claimant wishes to appear at the Final Fairness Hearing; and 9.6.1.68.4.1.6. the identity of all witnesses the Settlement Class Member Eligible Claimant may call to testify. 9.6.28.4.2. All objections must be filed and served on such schedule as the Court may direct. In seeking Preliminary Approval, the Parties will request that the deadline for submission of Objections shall be set on a date no less than sixty (60) calendar days after commencement of dissemination of the Notice. Objections submitted by any Settlement Class Member to incorrect locations shall not be valid. 9.6.3. Settlement Class Members Any Eligible Claimant may object either on their its own or through any attorney hired at their its own expense. If a Settlement Class Member an Eligible Claimant is represented by counsel, the attorney must file a notice of appearance with the Clerk of Court no later than the date ordered by the Court for the filing of Objections and serve such notice on all Parties 3M’s Counsel and Class Counsel in accordance with Federal Rule of Civil Procedure 5 within the same time period. 9.6.48.4.3. Any Settlement Class Member who fully Eligible Claimant that complies with the provisions of this Paragraph 9.6 Paragraphs 8.4 through 8.4.2 may, in the Court’s discretion, appear at the Final Fairness Hearing to object to the Settlement or to the award of fees and costs to Class Counsel. Any Settlement Class Member who Eligible Claimant that fails to comply with the provisions of this Paragraph 9.6 Paragraphs 8.4 through 8.4.2 shall waive and forfeit any and all rights and objections the Settlement Class Member Eligible Claimant may have asserted. 9.6.5. The assertion of an objection under this Paragraph does not operate to opt , and shall be bound by all the Person asserting it out of, or otherwise exclude that Person from, the Settlement Class. A Person within the Settlement Class can opt out terms of the Settlement Agreement and by all proceedings, orders, and judgments with respect to the Settlement. 8.4.4. No “mass” or “class” Objection shall be valid, no Eligible Claimant may submit an Objection on behalf of any other Eligible Claimant or Class Member, and Settlement only by complying with the provisions of Paragraph 9.7any Eligible Claimant that objects may be required to submit to discovery regarding its Objection.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement (3m Co)

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Objections to Settlement. Any Settlement Class Member who Eligible Claimant that wishes to object to the Settlement or to an award of fees or expenses to Class Counsel must file a written and written, signed statement designated “Objection” with the Clerk of the Court and provide service on all Parties 3M and Class Representatives in accordance with Federal Rule of Civil Procedure 5.. Any Objection must be properly filed and served by the deadline imposed by the Court. In seeking Preliminary Approval of this Settlement Agreement, the Class Representatives will ask the Court to set that deadline sixty (60) calendar days after the date the Notice is mailed.‌ 9.6.18.4.1. All Objections must certify, under penalty of perjury in accordance with 28 U.S.C. § 1746, that the filer has been legally authorized to object on behalf of the Settlement Class Member Eligible Claimant and must provide: 9.6.1.18.4.1.1. an affidavit or other proof of the Settlement Class MemberEligible Claimant’s standing; 9.6.1.28.4.1.2. the name, address, telephone and facsimile number numbers, and email address (if available) of the filer and the Settlement Class MemberEligible Claimant; 9.6.1.38.4.1.3. the name, address, telephone, telephone and facsimile number numbers, and email address (if available) of any counsel representing the Settlement Class MemberEligible Claimant; 9.6.1.48.4.1.4. all objections asserted by the Settlement Class Member Eligible Claimant and the specific reason(s) reasons for each objection, including all legal support and evidence the Settlement Class Member Eligible Claimant wishes to bring to the Court’s attention; 9.6.1.58.4.1.5. an indication as to whether the Settlement Class Member Eligible Claimant wishes to appear at the Final Fairness Hearing; and 9.6.1.68.4.1.6. the identity of all witnesses the Settlement Class Member Eligible Claimant may call to testify. 9.6.28.4.2. All objections must be filed and served on such schedule as the Court may direct. In seeking Preliminary Approval, the Parties will request that the deadline for submission of Objections shall be set on a date no less than sixty (60) calendar days after commencement of dissemination of the Notice. Objections submitted by any Settlement Class Member to incorrect locations shall not be valid. 9.6.3. Settlement Class Members Any Eligible Claimant may object either on their its own or through any attorney hired at their its own expense. If a Settlement Class Member an Eligible Claimant is represented by counsel, the attorney must file a notice of appearance with the Clerk of Court no later than the date ordered by the Court for the filing of Objections and serve such notice on all Parties 3M’s Counsel and Class Counsel in accordance with Federal Rule of Civil Procedure 5 within the same time period.period.‌ 9.6.48.4.3. Any Settlement Class Member who fully Eligible Claimant that complies with the provisions of this Paragraph 9.6 Paragraphs 8.4 through 8.4.2 may, in the Court’s discretion, appear at the Final Fairness Hearing to object to the Settlement or to the award of fees and costs to Class Counsel. Any Settlement Class Member who Eligible Claimant that fails to comply with the provisions of this Paragraph 9.6 Paragraphs 8.4 through 8.4.2 shall waive and forfeit any and all rights and objections the Settlement Class Member Eligible Claimant may have asserted. 9.6.5. The assertion of an objection under this Paragraph does not operate to opt , and shall be bound by all the Person asserting it out of, or otherwise exclude that Person from, the Settlement Class. A Person within the Settlement Class can opt out terms of the Settlement Agreement and by all proceedings, orders, and judgments with respect to the Settlement. 8.4.4. No “mass” or “class” Objection shall be valid, no Eligible Claimant may submit an Objection on behalf of any other Eligible Claimant or Class Member, and Settlement only by complying with the provisions of Paragraph 9.7any Eligible Claimant that objects may be required to submit to discovery regarding its Objection.

Appears in 1 contract

Samples: Settlement Agreement

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