Common use of Objections to Settlement Clause in Contracts

Objections to Settlement. A. Any Class Member who has not filed a timely written request for exclusion and who wishes to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, the award of Attorneys’ Fees and Expenses, or the Service Awards to Plaintiffs must deliver or mail to Class Counsel and to iFIT’s Counsel and file with the Court by the Objection Deadline a written statement of their objections. B. An objection must include (i) the full name and current address and telephone number of the Class Member; (ii) the model number of their Class Device; (iii) proof of purchase of their Class Device; (iv) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any counsel representing the objector; (vi) a statement whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel; (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), and (ix) the objector’s email address. In addition, any Class Member objecting to the settlement shall provide a detailed list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court, whether state, federal, or otherwise, in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection. C. Any Class Member who files and serves a written objection, as described in the preceding Paragraph, may appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, or to the award of Attorneys’ Fees and Expenses or the Service Awards to Plaintiffs. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver or mail a notice of intention to appear to Class Counsel and xXXX’s Counsel, and file said notice with the Court, on a date ordered by the Court (which shall be at least fourteen (14) days before the Fairness Hearing). D. Any Class Member who fails to comply with the provisions of Paragraphs VII.A through VII.C above shall waive and forfeit any and all rights he or she may have to appear separately and/or to 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 Release, the Final Order, and the Final Judgment in the Action. The exclusive means for any challenge to this Settlement shall be through the provisions of this Section. Without limiting the foregoing, any challenge to the Settlement, Final Approval Order, or Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any collateral attack. E. Any Class Member who objects to the Settlement shall be entitled to all of the benefits of the Settlement if this Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of this Agreement applicable to Class Members.

Objections to Settlement. A. Any Class Member who has not filed a timely written request for exclusion and who wishes to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed SettlementSettlement Agreement, the requested award of Attorneys’ Fees Fees, Costs, and Expenses, or the Service Awards requested incentive awards to Plaintiffs the Class Representatives, must deliver or mail to Class Counsel and to iFIT’s Counsel and file with the Court on a date ordered by the Objection Deadline Court a written statement of their his or her objections. The written objection of any Class Member must include: (a) a heading which refers to the Action, Xxxxx Xxxxxx et xx x. Toyota Motor Sales, U.S.A., Inc., No. 2:15-cv-02171 (C.D. Cal. B. An objection must include ); (ib) the objector’s full name name, telephone number, and current address (the objector’s actual residential address must be included); (c) if represented by counsel, the full name, telephone number, and telephone number address of all counsel; (d) all of the Class Memberreasons for his or her objection; (iie) the model number of their Class Device; (iii) proof of purchase of their Class Device; (iv) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any counsel representing the objector; (vi) a statement whether the objector intends to appear at the Final Approval Hearing, either in person Fairness Hearing on his or her own behalf or through counsel, and, if through counsel, identifying that counsel; (viif) a list statement that the objector is a Class Member, including the make, model, year and VIN(s) of the Subject Vehicle(s); and (g) the objector’s dated, handwritten signature (an electronic signature or attorney’s signature are not sufficient). Any documents supporting the objection must also be attached to the objection. If any testimony is proposed to be given in support of the objection, the names of all persons who will testify must be called to testify set forth in the objection. Class Members may do so either on their own or through an attorney retained at their own expense. The objection must include proof that he or she falls within the Final Approval Hearing in support definition of the objections and any documents to be presented or considered; (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), and (ix) the objector’s email address. In addition, any Class Member objecting to the settlement shall provide a detailed list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court, whether state, federal, or otherwise, in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objectionClass. C. B. Any Class Member who files and serves a written objection, as described in the preceding ParagraphSection VI(A), may appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of this Agreement or Settlement Agreement, the proposed Settlement, or to the requested award of Attorneys’ Fees Fees, Costs, and Expenses Expenses, or the Service Awards requested awards to Plaintiffsthe Class Representatives. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver or mail file with the Court a notice of intention to appear appear, with courtesy copies to one of Class Counsel identified in the Class Notice and xXXXto Toyota’s Counsel, and file said notice with the Court, on a date ordered by the Court (which shall be at least fourteen (14) days before the Fairness Hearing)Court. D. C. Any Class Member who fails to comply with the provisions of Paragraphs VII.A through VII.C Sections VI(A) and VI(B) above shall waive be deemed to have waived and forfeit forfeited any and all rights he or she may have to appear separately and/or to and object, whether by a subsequent objection, intervention, appeal, or any other process, 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 Release, the Final Order, Order and the Final Judgment in the Action and the Related Action. The exclusive means for any challenge to this the Settlement Agreement shall be through the provisions of this SectionSection VI. Without limiting the foregoing, any challenge to the SettlementSettlement Agreement, Final Approval Order, Order or Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any a collateral attack. Class Members may not both object and request exclusion (opt out). E. D. Any Class Member who objects to the Settlement Agreement shall be entitled to all of the benefits of the Settlement Agreement if this the Settlement Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of this Settlement Agreement applicable to Class Members, including the timely submission of Frame Replacement Reimbursement Claim Forms and other requirements herein.

Objections to Settlement. A. Any Class Member who has not filed a timely written request for exclusion and who wishes to object to the fairness, reasonableness, reasonableness or adequacy of this Agreement or the proposed Settlement, the award of Attorneys’ Fees and Expenses, Expenses or the Service Awards to Plaintiffs must deliver or mail to Class Plaintiffs’ Co-Lead Counsel and to iFIT’s Xxxx’x Counsel and file with the Court by the Objection Deadline a written statement of their objections. B. An objection must include (i1) the full name and current address and telephone number of the Class Member; (ii2) the model number location of their the deck or other substrate to which DeckOver purchased by the Class DeviceMember was applied, if different from the current address; (iii3) proof of purchase of their that the Class DeviceMember purchased DeckOver during the Class Period; (iv4) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection the objector believes applicableamount of DeckOver purchased (in gallons or dollars); (v5) all of the identity of any counsel representing Class Member’s objections, the objectorreasons therefor, and all supporting papers, including, without limitation, all briefs, written evidence, and declarations; (vi6) a statement of whether the objector Class Member intends to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel; and (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; (viii7) the objectorClass Member’s signature and the signature of any attorney representing the objector’s duly authorized attorney Class Member. Neither an objection signed by counsel alone nor any “mass” or other duly authorized representative (if any), and (ix) the objector’s email address“class” objections shall be valid. In addition, any Class Member objecting to the settlement shall provide a detailed list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court, whether state, federal, or otherwise, in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member member shall affirmatively so state in the written materials provided with the objection. C. Any Class Member who files and serves a written objection, as described in the preceding Paragraph, may appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, or to the award of Attorneys’ Fees and Expenses or the Service Awards to Plaintiffs. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver or mail a notice of intention to appear to Class Plaintiffs’ Co-Lead Counsel and xXXX’s Xxxx’x Counsel, and file said notice with the Court, on a date ordered by the Court (which shall be at least fourteen (14) days before the Fairness Hearing)Court. D. Any Class Member who fails to comply with the provisions of Paragraphs VII.A through VII.C B or C above shall waive and forfeit any and all rights he or she may have to appear separately and/or to 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 Release, the Final Order, Order and the Final Judgment in the Action. The exclusive means for any challenge to this Settlement shall be through the provisions of this Section. Without limiting the foregoing, any challenge to the Settlement, Final Approval Order, Order or Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any collateral attack. E. Any Class Member who objects to the Settlement shall be entitled to all of the benefits of the Settlement if this Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of this Agreement applicable to Class Members.

Objections to Settlement. A. Any a) Other than Claims Disputes as provided in paragraph 5(f) above, any Class Member who has not filed submitted a timely written exclusion request for exclusion and who wishes to object to the fairness, reasonableness, reasonableness or adequacy of this the Agreement or the proposed Settlement, or to the award of Attorneysattorneys’ Fees and Expensesfees, or the Service Awards to Plaintiffs must deliver or mail written objections to Class Counsel and Defendants’ Counsel, and have file-marked by the Court, no later than sixty (60) days prior to iFIT’s Counsel and file with the Fairness Hearing or as the Court may otherwise direct. Written objections must be verified by the Objection Deadline a written statement of their objections. B. An objection sworn affidavit and must include include: (i) the full name and current address objector’s name, address, and telephone number, (ii) the name of this case and the case number, (iii) a clear and concise statement of each objection; and (iv) a written brief explaining the specific reasons, if any, for each objection, including any legal and factual support upon which the objector intends to rely along with any evidence the objector intends to introduce in support of the objection(s). If the objection is presented through an attorney, the written objection must also include: (i) the identity and number of the Class MemberMembers represented by objector’s counsel; (ii) the model number of their such represented Class DeviceMembers who have opted out of the Settlement; and (iii) proof the number of purchase such represented Class Members who have remained in the Settlement and have not objected. Objecting Class Members, whether or not represented by counsel, must also make themselves available in Little Rock, Arkansas, or such other location as may be mutually agreed (but in the absence of their mutual agreement, Little Rock, Arkansas) for deposition by Class Device; Counsel and Defendants’ Counsel at least thirty (iv30) a clear and detailed written statement days before the date of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any counsel representing the objector; (vi) a statement whether the objector intends to appear at the Final Approval Fairness Hearing, either in person and each objection must include the date when the objecting Class Member(s) will so present himself or through counsel, and, if through counsel, identifying that counsel; (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), and (ix) the objector’s email address. In addition, any Class Member objecting to the settlement shall provide a detailed list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court, whether state, federal, or otherwise, in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objectionherself for deposition. C. b) Any Class Member who properly and timely files and serves a written objection, other than a Claims Dispute as provided in paragraph 5(f) above, and who has made himself or herself available for deposition as described in the preceding Paragraphherein, may appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s personal expense, to object to the fairness, reasonableness, or adequacy of this the Agreement or the proposed Settlement, or to the award of Attorneys’ Fees and Expenses or the Service Awards to PlaintiffsFees. Class Members or their attorneys who intend intending to make an appearance at the Fairness Hearing must deliver or mail a notice of intention to appear to Class Counsel and xXXX’s Defendants’ Counsel, and file said notice with have file-marked by the Court, on a date ordered by the Court (which shall be at least fourteen (14) days before the Fairness Hearing). D. Any Class Member who fails to comply with the provisions of Paragraphs VII.A through VII.C above shall waive and forfeit any and all rights he or she may have to appear separately and/or to 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 Release, the Final Order, and the Final Judgment in the Action. The exclusive means for any challenge to this Settlement shall be through the provisions of this Section. Without limiting the foregoing, any challenge to the Settlement, Final Approval Order, or Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any collateral attack. E. Any Class Member who objects to the Settlement shall be entitled to all of the benefits of the Settlement if this Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of this Agreement applicable to Class Members.no later than thirty

Objections to Settlement. A. Any Class Member who has not filed a timely written request for exclusion and who wishes to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed SettlementSettlement Agreement, the requested award of Attorneys’ Fees Fees, Costs, and Expenses, or the Service requested Incentive Awards to Plaintiffs must deliver or mail to Class Counsel the Plaintiff and to iFIT’s Counsel and Brown, must file with the Court by the Objection Deadline and provide copies to Plaintiff’s Class Counsel, Xxxxxxx’x Counsel, and Plaid Pantry’s Counsel a written statement of their his or her objections. B. An , such that it is received no later than twenty-one (21) days before the date of the Fairness Hearing. The written objection of any Class Member must include include: (ia) a heading which refers to PROPOSED the Action; (b) the objector’s full name name, telephone number, and current address and telephone number of (the Class Memberobjector’s actual residential address must be included); (iic) if represented by counsel, the model number full name, telephone number, and address of their Class Deviceall counsel; (iii) proof of purchase of their Class Device; (iv) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any counsel representing the objector; (vid) a statement that the objector is a Class Member, including approximately when and where the Xxxxxxx Product(s) was purchased; (e) all of the reasons for his or her objection; (f) whether the objector intends to appear at the Final Approval Hearing, either in person Fairness Hearing on his or her own behalf or through counsel; and (g) the objector’s dated, andhandwritten signature (an electronic signature or attorney’s signature are not sufficient). Any documents supporting the objection must also be attached to the objection. If any testimony is proposed to be given in support of the objection, if through counsel, identifying that counsel; (vii) a list the names of all persons who will testify must be called to testify set forth in the objection. Class Members may do so either on their own or through an attorney retained at their own expense. The objection must include proof that he or she falls within the Final Approval Hearing in support definition of the objections and any documents to be presented or considered; (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), and (ix) the objector’s email address. In addition, any Class Member objecting to the settlement shall provide a detailed list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court, whether state, federal, or otherwise, in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objectionClass. C. B. Any Class Member who files and serves a written objection, as described in the preceding ParagraphSection IX.A, may appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, or to the award of Attorneys’ Fees Fees, Costs and Expenses or award to the Service Awards to Plaintiffsindividual Plaintiff. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver or mail a notice of intention to appear to Plaintiff’s Class Counsel identified in the Long Form Notice and xXXX’s to Xxxxxxx’x Counsel, and file said notice with the Court, on a date ordered by the Court (which shall be at least fourteen (14) days before the Fairness Hearing)Court. D. Any Class Member who fails to comply with the provisions of Paragraphs VII.A through VII.C above shall waive and forfeit any and all rights he or she may have to appear separately and/or to 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 Release, the Final Order, and the Final Judgment in the Action. The exclusive means for any challenge to this Settlement shall be through the provisions of this Section. Without limiting the foregoing, any challenge to the Settlement, Final Approval Order, or Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any collateral attack. E. C. Any Class Member who objects to the Settlement shall be entitled to all of the benefits of the Settlement (with the exception noted below) if this Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of this Agreement applicable to Class Members, including the timely submission of a claim form and other requirements herein. However, the Parties hereto agree that a Class Member who objects to the Settlement shall not be entitled to recovery of Attorneys’ Fees, Costs and Expenses, and that the equitable common-fund doctrine does not apply to this Settlement. D. No later than fourteen (14) days before the date of the Fairness Hearing, Plaintiff’s Class Counsel shall file with the Court their responses to any timely and valid objections received. PROPOSED

Objections to Settlement. A. Any Class Member who has not filed a timely written request for exclusion and who wishes to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, the award of Attorneys’ Fees and Expenses, or the Service Awards to Plaintiffs Settlement must deliver or mail send to Class Counsel and to iFITDefendant’s Counsel and file with the Court by a date ordered by the Objection Deadline Court, a written and signed statement of their objectionsentitled “Objection. B. An ” To state a valid objection to the Settlement, a Class Member must include provide the following information in the written objection: (i) the his or her full name name, address, telephone number, and current e-mail address and telephone number of the Class Member(if available); (ii) the model number Vehicle Identification Number (VIN) of their his or her Class DeviceVehicle(s); (iii) proof a statement of purchase of their Class Devicethe objection(s), including all factual and legal grounds for the position; (iv) a clear and detailed written statement copies of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection the objector believes applicabledocuments he or she wishes to submit in support; (v) the identity name, address, and telephone number of any his or her separate counsel representing the objectorin this matter, if any; and (vi) a statement whether the objector intends to appear at the Final Approval Hearing, either in person his or through counsel, and, if through counsel, identifying that counsel; (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), and (ix) the objector’s email addressher dated signature. In addition, any Class Member objecting to the settlement shall provide a detailed objection must list of any other objections submitted by the objectorClass Member, or the objector’s his or her counsel, to any class action settlements submitted in any court, whether state, federal, or otherwise, court in the United States in the previous five years, or else affirmatively state that no other such objections have been made. If the an objecting Class Member intends to appear, in person or his by counsel, at the Final Fairness Hearing, he or her counsel has not made any such prior objection, the Class Member shall affirmatively she must so state in the written materials provided with objection. To be timely, an objection must be served twenty-eight (28) days prior to the objection. C. Any Class Member who files and serves a written objection, as described date set in the preceding Paragraph, may appear at Order Granting Preliminary Approval for the Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, or to the award of Attorneys’ Fees and Expenses or the Service Awards to Plaintiffs. Class Members or their attorneys who intend to make an appearance at the Final Fairness Hearing must deliver or mail a notice of intention to appear to Class Counsel upon Xxx Xxxxxx, Xxxxxx and xXXX’s CounselAssociates, P.C., Xxx Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000, and file said notice with also on Xxxxx X. Xxxxxxx, Jenner & Block LLP, 000 Xxxxx Xxxxx Xxxxxx, Chicago, Illinois 60654. In all instances, the Court, date appearing on a date ordered by the Court (which postmark shall be at least fourteen (14) days before the Fairness Hearing). D. controlling for determining when an Objection was mailed. Any Class Member who fails to comply with the provisions of Paragraphs VII.A through VII.C above this paragraph and the preceding paragraphs shall waive be deemed to have waived and forfeit forfeited any and all rights he objections to the Settlement, may be barred from speaking or she may have to appear separately and/or to objectotherwise presenting views at the Final Fairness Hearing, and shall be bound by all the terms of this the Agreement and by all proceedings, orders and judgments, including, but not limited to, the Release, the Final Orderorders, and the Final Judgment judgments in the ActionLitigation. The exclusive means parties will request that the Court enter an order providing that the filing of an objection allows Class Counsel or Defendant’s Counsel to notice the objecting person for, and to take, his or her deposition consistent with the Federal Rules of Civil Procedure at a designated location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to make him or herself available for a deposition or to comply with expedited discovery requests may result in the Court striking the objection or otherwise denying that person opportunity to be heard. The Court may 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 made for any challenge improper purpose. These procedures and requirements for objecting are intended to this Settlement shall be through ensure the provisions efficient administration of this Section. Without limiting justice and the foregoing, orderly presentation of any challenge Class Member’s objection to the Settlement, Final Approval Order, or Final Judgment shall be pursuant to appeal under in accordance with the Federal Rules due process rights of Appellate Procedure and not through any collateral attack. E. Any Class Member who objects to the Settlement shall be entitled to all of the benefits of the Settlement if this Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of this Agreement applicable to Class Members.

Objections to Settlement. A. Any The Notices also shall include a procedure for Class Member who has not filed a timely written request for exclusion and who wishes Members to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed SettlementSettlement Agreement, the requested award of Attorneys’ Fees Fees, Costs, and Expenses, or and/or the Service Awards to Plaintiffs requested Class Representatives service awards. Objections must deliver or mail to Class Counsel and to iFIT’s Counsel and file be filed electronically with the Court Court, or mailed to the Clerk of the Court, Class Counsel, and Defendant’s counsel. For an objection to be considered by the Objection Deadline a written statement of their objections. B. An Court, the objection must include be received by the Court on or before the Opt-Out Deadline. For an objection to be considered by the Court, the objection must also set forth (isubject to approval by the Court): 1. The name of the Action; 2. The objector’s full name, current residential address, mailing address (if different), telephone number, and e-mail address; 3. An explanation of the basis upon which the objector claims to be a Class Member, including the make, model year, and VIN(s) of the full name and current address and telephone number Subject Vehicle(s); 4. Whether the objection applies only to the objector, to a specific subset of the Class Member; (ii) or to the model number of their entire Class Device; (iii) proof of purchase of their Class Device; (iv) a clear and detailed written statement of all grounds for the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection known to the objector believes applicable; (v) or his counsel, and any documents supporting the objection; 5. The number of times the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case; 6. The full name, telephone number and address of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement Agreement and/or the request for Attorneys’ Fees, Costs and Expenses; 7. The identity of any all counsel representing the objector; (vi) a statement whether the objector intends to who will appear at the Final Approval Fairness Hearing, either in person or through counsel, and, if through counsel, identifying that counsel; (vii) a ; 8. A list of all persons who will be called to testify at the Final Approval Fairness Hearing in support of the objections and any documents objection; 9. A statement confirming whether the objector intends to be presented or considered; (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), and (ix) the objector’s email address. In addition, any Class Member objecting to the settlement shall provide a detailed list of any other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any court, whether state, federal, or otherwise, in the United States in the previous five years. If the Class Member or his or her counsel has not made any such prior objection, the Class Member shall affirmatively so state in the written materials provided with the objection. C. Any Class Member who files and serves a written objection, as described in the preceding Paragraph, may personally appear and/or testify at the Fairness Hearing, either in person or through personal counsel hired at the Class Member; and 10. The objector’s expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, or to the award of Attorneys’ Fees and Expenses or the Service Awards to Plaintiffs. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver or mail a notice of intention to appear to Class Counsel and xXXX’s Counsel, and file said notice with the Court, on a date ordered by the Court (which shall be at least fourteen (14) days before the Fairness Hearing)dated signature. D. B. Any Class Member who fails to comply with the provisions of Paragraphs VII.A through VII.C above Section VI.A., above, shall waive be deemed to have waived and forfeit forfeited any and all rights he or she may have to appear separately and/or to and object, whether by a subsequent objection, intervention, appeal, or any other process, 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 Release, the Final Order, and the Final Judgment in the Action and the Related Action. The exclusive means for any challenge to this the Settlement Agreement shall be through the provisions of this Section. Section VI.B. Without limiting the foregoing, any challenge to the SettlementSettlement Agreement, Final Approval Order, or Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any collateral attackproceedings. Class Members may not both object and request exclusion (opt out). E. C. Any Class Member who objects to the Settlement Agreement shall be entitled to all of the benefits of the Settlement Agreement if this the Settlement Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of this Settlement Agreement applicable to Class Members.