Common use of Objections to Settlement Clause in Contracts

Objections to Settlement. The Parties agree to the following: a. Any person seeking to object to the fairness, reasonableness or adequacy of the proposed Settlement must be a Class Member; a former Class Member that has opted out of the Class cannot object to the Settlement. Each Class Member who wishes to object to any term of this Agreement must do so in writing by filing a written objection with the Clerk of the Court and mailing it to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must be filed with the Clerk of the Court and received by the Parties’ respective counsel no later than forty-five (45) days from the Notice Date. Any such objection must: i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail address, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member to the Court or presented at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone number. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her objection heard or otherwise considered by the Court.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Objections to Settlement. The Parties agree (A) Subclass Members and Opt-Ins (other than those Subclass Members and/or Opt-Ins who have opted out pursuant to Section 2.5) may present objections to the following: a. Any person seeking to object proposed settlement. To do so, the individual must present his or her objections to the fairnessClaims Administrator in writing. To be considered, reasonableness or adequacy such objections must be sent to the Claims Administrator via First-Class United States mail, postage prepaid; they must be postmarked no later than 45 calendar days after the Initial Mailing Deadline; and they must be received by the Claims Administrator no later than 7 calendar days after the end of the proposed Settlement must be a Class Member; a former Class Member that has opted out Opt-Out Period. The Claims Administrator shall stamp the postmark date and the date received on the original of any such objection. Additionally, the Class cannot object Claims Administrator shall send copies of each objection to the SettlementParties by e-mail and overnight delivery not later than 2 business days after receipt thereof. Each Class Member who wishes to object to The Claims Administrator shall also file the stamped originals of any term of this Agreement must do so in writing by filing a written objection and all objections with the Clerk of Court within 10 calendar days after the Court and mailing it to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must be filed with the Clerk end of the Court and received by the Parties’ respective counsel no later than fortyOpt-five (45) days from the Notice Date. Any such objection must:Out Period. i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail address, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if An objector also has the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member right to the Court or presented appear at the fairness hearing; v. Be signed Fairness Hearing either in person or through counsel hired by the Class Member; and viobjector. Clearly An objector who wishes to appear at the Fairness Hearing must state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone number. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her objection heard or otherwise considered by intention to do so at the time he/she submits his/her written objections to the Claims Administrator. An objector may withdraw his/her objections only with the approval of the Court. No Subclass Member or Opt In may appear at the Fairness Hearing unless he or she has filed a timely objection that complies with the procedures provided in Section 2.8(A). (C) The Parties may file with the Court written responses to any filed objections not later than 14 calendar days before the Fairness Hearing.

Appears in 2 contracts

Samples: Global Settlement Agreement, Global Settlement Agreement

Objections to Settlement. The Parties agree (A) Class Members who wish to present objections to the following: a. Any person seeking to object proposed settlement at the Fairness Hearing must first do so in writing. To be considered, such statement must be mailed to the fairnessSettlement Claims Administrator via First-Class United States Mail, reasonableness or adequacy postage prepaid, and be postmarked within sixty (60) days after the Settlement Claims Administrator mails Notice to such Class Member. The statement must include all reasons for the objection and any reasons not included in the statement will not be considered. The statement must also include the name, job title, address, and telephone numbers for the Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original and send copies of each objection to Class Counsel and Defendants’ Counsel by email and first class mail no later than three (3) days after receipt thereof. The Settlement Claims Administrator will also file the date-stamped originals of any and all objections with the Court within three (3) days after the end of the proposed Settlement must be a Class Member; a former Class Member that has opted Opt-out of the Class cannot object Period. (B) An individual who files objections to the Settlementsettlement (“Objector”) also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. Each Class Member An Objector who wishes to object appear at the Fairness Hearing must state his or her intention to any term of this Agreement must do so in writing by filing on his or her written objections at the time he or she submits his or her written objections. An Objector may withdraw his or her objections at any time. No Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objection objections. A Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Notices shall inform Class Members of their rights under Paras. 2.6(D) and 2.6(E), above. (D) The parties may file with the Clerk of the Court and mailing it written responses to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must be any filed with the Clerk of the Court and received by the Parties’ respective counsel objections no later than forty-five three (453) days from before the Notice Date. Any such objection must: i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail address, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member to the Court or presented at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone numberFairness Hearing. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her objection heard or otherwise considered by the Court.

Appears in 1 contract

Samples: Settlement Agreement

Objections to Settlement. The Parties agree to the following: a. Any person seeking to object to the fairness, reasonableness or adequacy of the proposed Settlement must be a Class Member; a former Class Member that has opted out of the Class cannot may object to the Settlement. Each Class Member who wishes to object to any term of this Agreement must do so in writing by filing a Any written objection with the Clerk of the Court and mailing it to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must be mailed to the Settlement Administrator (who shall promptly provide a copy to Class Counsel and counsel for Defendants) by the close of the Response Period. Class Counsel will ensure that any written objections get filed with the Clerk of Court concurrently with the Court final approval documents by having it attached to the Settlement Administrator’s Declaration. Class Members who have not objected in writing may still appear and received by be heard at the Parties’ respective counsel no later than forty-five Final Approval Hearing. 21.1 Written objections to the Settlement must contain at least the following: (45i) days from the Notice Date. Any such objection must: i. Identify the Class Member by name; ii. Identify the objecting Class Member’s full name, current street address and current electronic mail address, if any;and signature; (ii) a clear reference to the Action; (iii) a statement of the specific reasons why the objector believes the Settlement is unfair or objects to the Settlement; and (iv) a statement whether the objector intends to appear at the final approval hearing, either in iii21.2 Class Counsel or Defendants’ counsel may, up to five (5) court days before the Final Hearing Date, file responses to any written objections submitted to the Court. 21.3 Unless they opt out of the Settlement as specified in Paragraph 20, Class Members who object to the proposed settlement or the Agreement will become Settlement Class Members, and shall be deemed to have voluntarily waived their right to pursue an independent remedy against Defendants and the other Released Parties. Identify (A) if To the extent any Settlement Class Member objects to the proposed settlement or Agreement and such objection is an AdvancePay customersoverruled in whole or in part, such individuals will be bound by the Court’s Final Approval Order and Judgment. 21.4 In the event that any person objects to or opposes this proposed settlement or the Agreement, or attempts to intervene in or otherwise enter the Action, the phone number(s) associated with Parties and Class Counsel will use their best efforts to defend the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Settlement. 21.5 A Class Member is cannot both opt out and object to the Settlement. If a current or former inmateClass Member both objects and opts out of the Settlement, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period opt-out will control and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member to the Court or presented at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone number. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her objection heard or otherwise considered by the Courtinvalid.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Objections to Settlement. The Parties agree (A) Class Members who wish to the following: a. Any person seeking present objections to object to the fairness, reasonableness or adequacy of the proposed Settlement must be a Class Member; a former Class Member that has opted out of the Class cannot object to the Settlement. Each Class Member who wishes to object to any term of this Agreement at the Fairness Hearing must first do so in writing writing. To be considered, such statement must be received by filing a written the Claims Administrator during the Opt- Out Period. The Claims Administrator shall stamp the date received on the original of each objection, and send copies of each objection to Class Counsel and Defendants’ Counsel by email no later than three (3) calendar days after receipt thereof. The Claims Administrator shall also file the date- stamped originals of any and all objections with the Clerk of Court within three (3) calendar days after the Court and mailing it to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must be filed with the Clerk end of the Court and received by the Parties’ respective counsel no later than fortyOpt-five (45) days from the Notice Date. Any such objection must:Out Period. i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail address, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if An objector also has the right to appear at the Fairness Hearing either in person or through counsel hired by the objector. An objector who wishes to appear at the Fairness Hearing must state his or her intention to do so at the time he/she submits his/her written objections. An objector may withdraw his/her objections at any time. No Class Member is may appear at the Fairness Hearing unless he or she has filed a current or former inmatetimely objection that complies with the procedures provided in Section 2.5(A). Any NYLL Class Member who has submitted an Opt-Out Statement may not submit objections to the settlement. If any Class Member who submits an Opt-Out Statement also submits an objection to the settlement, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member to the Court or presented at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone number. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waivedOpt-Out Statement shall control, and the Parties will jointly argue that the Class Member asserting such objection may shall not have his or her objection heard or otherwise be considered by the Court. (C) The Parties may file with the Court their written responses to any filed objections not later than ten (10) calendar days before the Fairness Hearing.

Appears in 1 contract

Samples: Joint Settlement Agreement and Release

Objections to Settlement. The Parties agree (A) Class Members who wish to present objections to the following: a. Any person seeking to object to proposed settlement at the fairness, reasonableness or adequacy of the proposed Settlement Fairness Hearing must be a Class Member; a former Class Member that has opted out of the Class cannot object to the Settlement. Each Class Member who wishes to object to any term of this Agreement must first do so in writing by filing a written objection with the Clerk of the Court and mailing it writing. To be considered, such statement must be mailed to the Parties’ respective counsel at Claims Administrator via First-Class United States Mail post-marked by a date certain, to be specified on the addresses set forth in Section 24 below. Any such objection must be filed with the Clerk of the Court and received by the Parties’ respective counsel no later than forty-five (45) days from the Notice Date. Any such objection must: i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail addressNotice, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that which will be submitted by or 45 days after the date on behalf of which the objecting Class Member to Claims Administrator mails the Court or presented at the fairness hearing; v. Be signed by the Class Member; and viNotice. Clearly state in detail the legal and factual ground(s) The statement must include all reasons for the objection, and if represented by counsel, such counsel’s any supporting documentation. The statement must also include the name, address address, and telephone number. b. The instructions set forth in this Section number(s) for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such making the objection. The Claims Administrator will stamp the date received on the original and send copies of each date-stamped objection, supporting documents, as well as a copy of the Notice mailed to the Objector, to Class Counsel and Defendant’s Counsel by email delivery no later than three (3) days after receipt of the objection. The Claims Administrator will also file the date-stamped originals of any and all objections with the Court no later than 14 days prior to the Final Fairness Hearing. (B) An individual who files an objection to the settlement (“Objector”) also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state their intention to do so in writing on their written objection at the time they submit their written objection. An Objector may withdraw their objection at any time. A Class Member who has submitted an Opt-out Statement may not have his or her submit an objection heard or otherwise considered by to the Courtsettlement. (C) The Parties may file with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing.

Appears in 1 contract

Samples: Settlement Agreement

Objections to Settlement. The Parties agree to 49. Members of the following: a. Any person seeking to Settlement Class may object to the fairnessSettlement Agreement by following the instructions on the Notice of Settlement. To object to the Settlement Agreement or any terms of it, reasonableness or adequacy of the proposed Settlement person making the objection must be a Class Member; a former Class Member that has , must not have opted out of the Settlement Agreement, must not have timely submitted a Claim and Opt-In Form, and must send to the Settlement Administrator and file with the Court a written statement of the grounds of objection, signed by the Class Member or his or her attorney, by the date specified in the Notice of Settlement (60 calendar days after the initial mailing of the Notice of Settlement). Any objection that does not meet the requirements of this paragraph shall not be considered by the Court, unless otherwise ordered by the Court. Class Members who fail to serve timely and proper written objections shall be deemed to have waived any objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement Agreement. It is the responsibility of any Class Member who files an objection (an “Objector”) to retain a copy of the objection and proof of timely mailing hereunder. If a Class Member submits both an objection and an opt-out request, the Settlement Administrator will attempt to contact the Class Member to determine whether the Class Member intended to object or opt-out. If the Class Member cannot object be reached, it will be presumed that the Class Member intended to opt-out, the objection will not be considered, and the Class Member will not be part of the Settlement. 50. No later than five (5) calendar days after the Claim and Opt-In Deadline, the Settlement Administrator shall provide the Parties’ counsel with a declaration that includes a complete list of all individuals who have timely opted out of the Settlement, all individuals who have withdrawn their previous opt-outs and seek to rejoin the Lawsuit, all Class Members who have timely objected to the Settlement, and all Class Members who completed and timely submitted a Claim and Opt-In Form (the “Settlement Administrator’s Declaration”). 51. Each Class Member The Parties may file with the Court written responses to any filed objections no later than three (3) business days before the Final Approval Hearing. 52. A valid Objector also has the right to appear at the Final Approval Hearing either in person or through counsel hired by the Objector. An Objector who wishes to object appear at the Final Approval Hearing must state his or her intention to any term of this Agreement must do so in writing by filing a written objection with the Clerk of the Court and mailing it to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must be filed with the Clerk of the Court and received by the Parties’ respective counsel no later than forty-five (45) days from the Notice Date. Any such objection must: i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail address, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member to the Court or presented at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone number. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her written objections at the time he or she submits them. An Objector may withdraw his or her objections at any time. No Class Member may appear at the Final Approval Hearing unless he or she has submitted a timely objection heard that complies with all objection procedures. No Class Member may present an objection at the Final Approval Hearing based on a reason not stated in his or otherwise considered by the Courther written objections.

Appears in 1 contract

Samples: Class and Collective Action Settlement Agreement

Objections to Settlement. The Parties agree (A) Class Members who wish to the following: a. Any person seeking present objections to object to the fairness, reasonableness or adequacy of the proposed Settlement at the Fairness Hearing must first do so in writing. To be considered, such statement must be mailed to the Settlement Administrator via First Class United States Mail, postage prepaid, and be received by the Settlement Administrator by a date certain ninety (90) days after the Settlement Administrator mails a Notice to such Class Member; a former . The statement must include all reasons for the objection and any reasons not included in the statement will not be considered. The statement must also include the name, address, email(s), and telephone number(s) for the Class Member that has opted out making the objection. The Settlement Administrator will stamp the date received on the original and send copies of each objection to Class Counsel and Defendant’s Counsel by email and first class mail no later than three (3) days after receipt thereof. The Settlement Administrator will also file the date-stamped originals of any and all objections with the Court within three (3) days after the end of the Class cannot object Opt out Period. (B) An individual who files objections to the SettlementSettlement (“Objector”) also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. Each Class Member An Objector who wishes to object appear at the Fairness Hearing must state his or her intention to any term of this Agreement must do so in writing by filing in his or her written objections at the time he or she submits his or her written objections. An Objector may withdraw his or her objections at any time. No Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objection objections. A Class Member who has submitted an Opt out Statement may not submit objections to the Settlement. (C) The parties may file with the Clerk of the Court and mailing it written responses to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must be any filed with the Clerk of the Court and received by the Parties’ respective counsel objections no later than forty-five three (453) days from before the Notice Date. Any such objection must: i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail address, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member to the Court or presented at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone numberFairness Hearing. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her objection heard or otherwise considered by the Court.

Appears in 1 contract

Samples: Settlement Agreement

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Objections to Settlement. The Parties agree (A) Class Members (other than those who have opted out pursuant to the following: a. Any person seeking to Section 2.4) may object to the fairnessproposed settlement. To do so, reasonableness an objector must first present his or adequacy her objections to the Claims Administrator in writing. Such objections must be sent to the Claims Administrator via First-Class United States mail, postage prepaid. (B) Objections must be postmarked no later than the date specified in the Notice, which will be the first business day 75 calendar days after the Initial Mailing Deadline (to be specified in the Court’s order), and they must be received by the Claims Administrator no later than 20 days after the end of the proposed Settlement must be a Opt-Out Period. The Claims Administrator shall stamp the postmark date and the date received on the original of any such objection. Additionally, the Claims Administrator shall send copies of each objection to Class Member; a former Class Member that has opted out Counsel and Defendants’ Counsel by e-mail not later than 2 business days after receipt thereof. The Claims Administrator shall also file the date-stamped originals of the Class cannot object to the Settlement. Each Class Member who wishes to object to any term of this Agreement must do so in writing by filing a written objection and all objections with the Clerk of Court within 30 calendar days after the Court and mailing it end of the Opt-Out Period. (C) An objector also has the right to the Parties’ respective counsel appear at the addresses set forth Fairness Hearing either in Section 24 below. Any such objection must be filed with the Clerk of the Court and received person or through counsel hired by the Parties’ respective counsel no later than forty-five (45) days from the Notice Dateobjector. Any such objection must: i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail address, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member An objector who wishes to the Court or presented appear at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly Fairness Hearing must state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone number. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her intention to do so at the time he/she submits his/her written objections to the Claims Administrator. No Class Member may speak at the Fairness Hearing unless he or she has filed a timely objection heard that complies with the procedures provided in Section 2.5(A) and (B). Those who file timely objections in written form need not attend or otherwise considered by speak at the CourtFairness Hearing in order for the Court to consider their submission. (D) The Parties may file with the Court written responses to any filed objections together with their motion for final approval of the settlement prior to the Fairness Hearing.

Appears in 1 contract

Samples: Global Settlement Agreement

Objections to Settlement. The Parties agree to Any member of the following: a. Any person seeking to object Settlement Class or authorized recipient of any CAFA Notice may file an objection to the fairness, reasonableness reasonableness, or adequacy of the proposed Settlement must be a Class Member; a former Class Member that has opted out of the Class cannot object to the Settlement. Each Class Member who wishes to object , to any term of the Settlement Agreement, to the Plan of Allocation, to the proposed award of attorneys’ fees and litigation costs, to the payment of costs of administering the Settlement out of the Qualified Settlement Fund, or to the request for a Case Contribution Award for the Class Representatives. An objector must file with the Court a statement of his, her, their, or its objection(s), specifying the reason(s), if any, for each such objection made, including any legal support and/or evidence that the objector wishes to bring to the Court’s attention or introduce in support of the objection(s). The address for filing objections with the Court is as follows: Clerk of Court Xxxx Xxxxxx Xxxxxxx United States Courthouse 0 Xxxxxxxxxx Xxx, Xxxxx 0000 Boston, MA 02210 Re: In re Biogen, Inc. ERISA Litigation, Case No. 1:20-cv-11325-DJC (D. Mass.) The objector or his, her, their, or its counsel (if any) must file the objection(s) and supporting materials with the Court and provide a copy of the objection(s) and supporting materials to Class Counsel and Defense Counsel at the addresses in the Settlement Notice no later than , (30 calendar days before the date of the Fairness Hearing specified in this Agreement Order). If an objector hires an attorney to represent him, her, them, or it for the purposes of making an objection pursuant to this Paragraph, the attorney must do so also file a notice of appearance with the Court no later than , (30 calendar days before the date of the Fairness Hearing specified in writing by filing this Preliminary Approval Order). Any member of the Settlement Class or other Person who does not timely file a written objection complying with the Clerk terms of the Court this Paragraph shall be deemed to have waived, and mailing it shall be foreclosed from raising, any objection to the Parties’ respective counsel at the addresses set forth in Section 24 belowSettlement, and any untimely objection shall be barred. Any such objection must responses to objections shall be filed with the Clerk of the Court and received by the Parties’ respective counsel no later than forty-five , (45) seven calendar days from before the Notice Date. Any such objection must: i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail address, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf date of the objecting Class Member to the Court or presented at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone number. b. The instructions set forth Fairness Hearing specified in this Section for objecting to the Settlement will Preliminary Approval Order). There shall be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her objection heard or otherwise considered by the Courtno reply briefs.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Objections to Settlement. The Parties agree (A) Class Members who wish to the following: a. Any person seeking present objections to object to the fairness, reasonableness or adequacy of the proposed Settlement at the Fairness Hearing must first do so in writing. To be considered, such statement must be a Class Membermailed to the Settlement Administrator via United States Mail, postage pre-paid, and be received by the Settlement Administrator within the applicable deadline set forth herein. The statement must include all reasons for the objection; a former and any reasons not included in the statement will not be considered. The statement must also include the name, address, email address, and telephone number for the Class Member that has opted out making the objection. The Settlement Administrator will stamp the date received on the original and send copies of each objection to Class Counsel and Defendant’s Counsel as soon as they are received. The final list will be submitted by Plaintiffs, with redaction on any personal identifying information, along with the declaration of the Class cannot object Settlement Administrator attached to the SettlementFinal Approval Motion. (B) Any individual who files objections to the Settlement (“Objector”) also has the right to appear at the Fairness Hearing, either in person or through counsel hired by the Objector. Each Class Member An Objector who wishes to object appear at the Fairness Hearing must state his or her intention to any term of this Agreement must do so in writing by filing a in his or her written objection objections at the time he or she submits such written objections. An Objector may withdraw his or her objections at any time. (C) The Parties may file with the Clerk of the Court and mailing it Arbitrator written responses to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must be any filed with the Clerk of the Court and received by the Parties’ respective counsel objections no later than forty-five three (453) business days from before the Notice Date. Any such objection must: i. Identify the Class Member by name; ii. Identify the Class Member’s current street address and current electronic mail addressFairness Hearing, if any; iii. Identify (A) if the Class Member is an AdvancePay customers, the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or (B) if the Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with not otherwise addressed in their debit account(s) that they used Motion for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member to the Court or presented at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone numberFinal Approval. b. The instructions set forth in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the Class Member asserting such objection may not have his or her objection heard or otherwise considered by the Court.

Appears in 1 contract

Samples: Settlement Agreement

Objections to Settlement. The Parties agree to the following: a. Any person seeking (A) New York and California Class Members who do not opt-out and who wish to object to the fairness, reasonableness or adequacy of the proposed Settlement must be a Class Member; a former Class Member that has opted out of the Class cannot object to the Settlement. Each Class Member who wishes to object to any term of this Agreement settlement must do so in writing by filing writing. To be considered, a written objection with the Clerk of the Court and mailing it must be mailed to the Parties’ respective counsel at the addresses set forth in Section 24 below. Any such objection must Settlement Claims Administrator via First-Class United States Mail, postage prepaid, and be filed with the Clerk of the Court and received by the Parties’ respective counsel no later than forty-five Settlement Claims Administrator by a date certain thirty (4530) days from the mailing of the Notice Dateto the Class Member. The written objection must include the words, “I object to the settlement in the Lions Gate case” as well as all reasons for the objection. Any such reasons not included in the written objection must: i. Identify will not be considered. The written objection must also include the name, address, dates of the internship, and telephone numbers for the Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original and send copies of each objection to Class Counsel and Defendants’ Counsel by name; iiemail no later than ten days before the Final Approval Hearing or as soon as received if received less than 10 days before the hearing. Identify The Settlement Claims Administrator shall file the Class Member’s current street address date-stamped originals of any and current electronic mail address, if any; iiiall objections with the Court with their affidavit of compliance in support of the Final Approval Motion. Identify (A) if It is the responsibility of any Class Member is who files an AdvancePay customers, objection (an “Objector”) to retain a copy of the phone number(s) associated with the Class Member’s Advance Pay account(s) during the Class Period, or objection and proof of timely mailing hereunder. (B) if A valid Objector also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear at the Fairness Hearing” in that submission. An Objector may withdraw his or her objections at any time. No Class Member is a current or former inmate, the Class Member’s PIN number(s) associated with their debit account(s) that they used for GTL’s services during the Class Period and the institution(s) associated with each PIN number; iv. Attach copies of any materials that will be submitted by or on behalf of the objecting Class Member to the Court or presented may appear at the fairness hearing; v. Be signed by the Class Member; and vi. Clearly state in detail the legal Fairness Hearing unless he or she has submitted a valid and factual ground(s) for the objection, and if represented by counsel, such counsel’s name, address and telephone number. b. The instructions set forth timely objection that complies with all procedures provided in this Section for objecting to the Settlement will be recited in the Notice. Any objection that fails to satisfy the requirements of this Section, or that is not properly and timely submitted, will be deemed ineffective and waived, and the Parties will jointly argue that the previous Section. No Class Member asserting such may present an objection may at the Fairness Hearing based on a reason not have stated in his or her objection heard or otherwise considered by written objections. A Class Member who has submitted an Opt-out Statement may not submit objections to the CourtSettlement. (C) The Parties may file with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing.

Appears in 1 contract

Samples: Joint Stipulation of Settlement and Release

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