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Common use of Objections to Settlement Clause in Contracts

Objections to Settlement. (A) The Notice shall advise Settlement Class Members of their rights, including the right to be excluded from or object to the Settlement Agreement and its terms. The Notice shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court at the Final Approval Hearing, only if, on or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to do so and at the same time: (i) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk of the Court; (ii) that any objection made by a Settlement Class Member represented by counsel must be filed with the Clerk of the Court; and (iii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant Counsel. A copy of the objection must also be mailed to the Settlement Administrator at the address that the Settlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement. (B) Any Settlement Class Member who intends to object to this Settlement must include in any such objection: (i) his/her full name, address and current telephone number; (ii) the case name number of this Litigation; (iii) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (iv) the identification of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the last four years; and (vi) the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he/she must state as such in the written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the written objection. (C) Any Settlement Class Member who fails to timely file and serve a written objection and notice of intent to appear at the Final Approval Hearing pursuant to this Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means. (D) The Parties will request that the Court, within its discretion, exercise its right to deem any objection as frivolous and award appropriate costs and fees to the Parties opposing such objection(s).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections to Settlement. (A) The Notice shall advise Settlement A. Any Class Members of their rights, including the right Member who has not filed a timely written request for exclusion and who wishes to be excluded from or object to the Settlement Agreement and its terms. The Notice shall specify that any objection to fairness, reasonableness, or adequacy of this Settlement Agreement, the requested award of Attorneys’ Fees, Costs, and any papers submitted in support of said objectionExpenses, shall be received or the requested incentive awards to the Class Representatives, must file with the Court on a date ordered by the Court a written statement of 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) the objector’s full name, telephone number, and address (the objector’s actual residential address must be included); (c) if represented by counsel, the full name, telephone number, and address of all counsel; (d) all of the reasons for his or her objection; (e) whether the objector intends to appear at the Final Approval HearingFairness Hearing on his or her own behalf or through counsel; (f) a statement that the objector is a Class Member, only ifincluding the make, on or before the Objection/Exclusion Deadline approved by the Courtmodel, the person making an objection shall file notice of his/her intention to do so year and at the same time: (iVIN(s) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk of the Court; (ii) that any objection made by a Settlement Class Member represented by counsel must be filed with the Clerk of the CourtSubject Vehicle(s); and (iiig) send copies of such papers via United States mailthe objector’s dated, hand delivery, handwritten signature (an electronic signature or overnight delivery to both Class Counsel and Defendant Counselattorney’s signature are not sufficient). A copy of Any documents supporting the objection must also be mailed attached to the Settlement Administrator objection. If any testimony is proposed to be given in support of the objection, the names of all persons who will testify must be 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 address that definition of the Settlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this SettlementClass. (B) B. Any Settlement Class Member who intends files and serves a written objection, as described in the preceding Section 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 Settlement Agreement, the requested award of Attorneys’ Fees, Costs, and Expenses, or the requested awards to the Class Representatives. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must include in any such objection: (i) his/her full name, address and current telephone number; (ii) file with the case name number Court a notice of this Litigation; (iii) all grounds for the objectionintention to appear, with factual and legal support for the stated objection, including any supporting materials; (iv) the identification courtesy copies to one of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases Class Counsel identified in the last four years; Class Notice and (vi) to Toyota’s Counsel, on a date ordered by the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he/she must state as such in the written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the written objectionCourt. (C) C. Any Settlement Class Member who fails to timely file comply with the provisions of Sections VI(A) and serve a written objection VI(B) above shall be deemed to have waived and notice of intent forfeited any and all rights he or she may have to appear at separately 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 Approval Hearing Order and the Final Judgment in the Action and the Related Action. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of this Section VI. Without limiting the foregoing, any challenge to the Settlement Agreement, Final Order or Final Judgment shall be pursuant to this Agreement, shall appeal under the Federal Rules of Appellate Procedure and not be permitted to through a collateral attack. Class Members may not both object and request exclusion (opt out). D. Any Class Member who objects to the approval Settlement Agreement shall be entitled to all of the benefits of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of Agreement if the Settlement or 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 Agreement by appeal or timely submission of Frame Replacement Reimbursement Claim Forms and other meansrequirements herein. (D) The Parties will request that the Court, within its discretion, exercise its right to deem any objection as frivolous and award appropriate costs and fees to the Parties opposing such objection(s).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections to Settlement. (A) The Notice shall advise Settlement A. Any Class Members of their rights, including the right Member who has not filed a timely written request for exclusion and who wishes to be excluded from or object to the Settlement fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, the award of Attorneys’ Fees and its terms. The Notice shall specify that any objection Expenses, or the Service Awards to this Settlement Agreement, Plaintiffs must deliver or mail to Class Counsel and any papers submitted in support of said objection, shall be received to iFIT’s Counsel and file with the Court by the Court at the Final Approval Hearing, only if, on or before the Objection/Exclusion Objection Deadline approved by the Court, the person making an a written statement of their objections. B. An objection shall file notice of his/her intention to do so and at the same time: must include (i) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk full name and current address and telephone number of the Court; (ii) that any objection made by a Settlement Class Member represented by counsel must be filed with the Clerk of the Court; and (iii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant Counsel. A copy of the objection must also be mailed to the Settlement Administrator at the address that the Settlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement. (B) Any Settlement Class Member who intends to object to this Settlement must include in any such objection: (i) his/her full name, address and current telephone numberMember; (ii) the case name model number of this Litigationtheir Class Device; (iii) all grounds proof of purchase of their Class Device; (iv) a clear and detailed written statement of the specific legal and factual bases for the each and every objection, with factual and accompanied by any legal support for the stated objection, including any supporting materialsobjection the objector believes applicable; (ivv) the identification identity of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in counsel representing the last four yearsobjector; and (vi) a statement whether the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. If the objecting Settlement Class Member objector intends to appear at the Final Approval Hearing, either with in person or without through counsel, he/she must state as such in the written objectionand, and must also identify any witnesses he/she may call 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 all exhibits he/she intends any documents to introduce into evidence at be presented or considered; (viii) the Final Approval Hearingobjector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), which must also be attached toand (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 included withthe 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 (Cwhich shall be at least fourteen (14) days before the Fairness Hearing). D. Any Settlement Class Member who fails to timely file comply with the provisions of Paragraphs VII.A through VII.C above shall waive and serve a written objection forfeit any and notice of intent all rights he or she may have to appear at 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 Hearing Order, or Final Judgment shall be pursuant to this Agreement, shall appeal under the Federal Rules of Appellate Procedure and not be permitted to object through any collateral attack. E. Any Class Member who objects to the approval Settlement shall be entitled to all of the benefits of the Settlement at the Final Approval Hearing if this Agreement and shall be foreclosed from seeking any review of the Settlement or the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of the this Agreement by appeal or other meansapplicable to Class Members. (D) The Parties will request that the Court, within its discretion, exercise its right to deem any objection as frivolous and award appropriate costs and fees to the Parties opposing such objection(s).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections to Settlement. (A) The Notice shall advise Settlement Any Class Members of their rights, including the right Member who wishes to be excluded from or object to the Settlement Agreement must send to Class Counsel and its terms. The Notice shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received Defendant’s Counsel by the Court at the Final Approval Hearing, only if, on or before the Objection/Exclusion Deadline approved a date ordered by the Court, a written and signed statement entitled “Objection.” To state a valid objection to the person making an objection shall file notice of his/her intention to do so and at the same time: (i) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk of the Court; (ii) that any objection made by Settlement, a Settlement Class Member represented by counsel must be filed with provide the Clerk of following information in the Court; and (iii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant Counsel. A copy of the objection must also be mailed to the Settlement Administrator at the address that the Settlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement. (B) Any Settlement Class Member who intends to object to this Settlement must include in any such written objection: (i) his/his or her full name, address and current address, telephone number, and e-mail address (if available); (ii) the case name number Vehicle Identification Number (VIN) of this Litigationhis or her Class Vehicle(s); (iii) a statement of the objection(s), including all factual and legal grounds for the objection, with factual and legal support for the stated objection, including any supporting materialsposition; (iv) the identification copies of any other objections he/documents he or she has filedwishes to submit in support; (v) the name, address, and telephone number of his or has had filed on his/her behalfseparate counsel in this matter, in any other class action cases in the last four yearsif any; and (vi) the objector's his or her dated signature. If represented In addition, the objection must list any other objections submitted by the Class Member, or his or her counsel, to any class action settlements in any court in the objecting Settlement Class Member must also provide United States in the name and telephone number of his/her counselprevious five years, or else affirmatively state that no other such objections have been made. If the an objecting Settlement Class Member intends to appear appear, in person or by counsel, at the Final Approval Fairness Hearing, either with he or without counsel, he/she must so state as such in the written objection. To be timely, an objection must be served twenty-eight (28) days prior to the date set in the Order Granting Preliminary Approval for the Final Fairness Hearing upon Xxx Xxxxxx, Xxxxxx and Associates, P.C., Xxx Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and on Xxxxx X. Xxxxxxx, Jenner & Block LLP, 000 Xxxxx Xxxxx Xxxxxx, Chicago, Illinois 60654. In all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included withinstances, the written objection. (C) date appearing on the postmark shall be controlling for determining when an Objection was mailed. Any Settlement Class Member who fails to timely file comply with the provisions of this paragraph and serve a written objection the preceding paragraphs shall be deemed to have waived and notice of intent forfeited any and all objections to appear the Settlement, may be barred from speaking or otherwise presenting views at the Final Approval Hearing pursuant to this AgreementFairness Hearing, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or bound by all the terms of the Agreement and by appeal or other means. (D) all proceedings, orders, and judgments in the Litigation. The Parties parties will request that the CourtCourt enter an order providing that the filing of an objection allows Class Counsel or Defendant’s Counsel to notice the objecting person for, within its discretionand to take, exercise its right his or her deposition consistent with the Federal Rules of Civil Procedure at a designated location, and to deem seek any objection as frivolous and award appropriate costs and fees documentary evidence or other tangible things that are relevant to the Parties opposing 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 objection(s)discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or made for any improper purpose. These procedures and requirements for objecting are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member’s objection to the Settlement, in accordance with the due process rights of all Class Members.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Objections to Settlement. (A) A. The Notice Notices also shall advise Settlement include a procedure for Class Members of their rights, including the right to be excluded from or object to the Settlement Agreement Agreement, the requested award of Attorneys’ Fees, Costs, and its termsExpenses, and/or the requested Class Representatives service awards. The Notice shall specify that any Objections must be filed electronically with the Court, or mailed to the Clerk of the Court, Class Counsel, and Defendant’s counsel. For an objection to this Settlement Agreementbe considered by the Court, and any papers submitted in support of said objection, shall the objection must be received by the Court at the Final Approval Hearing, only if, on or before the Objection/Exclusion Deadline approved Opt-Out Deadline. For an objection to be considered by the Court, the person making an objection shall file notice of his/her intention to do so and at the same time: (i) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk of the Court; (ii) that any objection made by a Settlement Class Member represented by counsel must be filed with the Clerk of the Court; and (iii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant Counsel. A copy of the objection must also be mailed set forth (subject to approval by the Settlement Administrator at Court): 1. The name of the address that the Settlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement.Action; (B) Any Settlement Class Member who intends to object to this Settlement must include in any such objection: (i) his/her 2. The objector’s full name, current residential address, mailing address and current (if different), telephone number; (ii, 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 case name number Subject Vehicle(s); 4. Whether the objection applies only to the objector, to a specific subset of this Litigation; (iii) the Class or to the entire Class and all grounds for the objection, with factual and accompanied by any legal support for the stated objection known to the objector 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 supporting materials; (iv) former or current counsel who may be entitled to compensation for any reason related to the identification objection to the Settlement Agreement and/or the request for Attorneys’ Fees, Costs and Expenses; 7. The identity of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in all counsel representing the last four years; and (vi) the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. If the objecting Settlement Class Member intends to objector who will appear at the Final Approval Fairness Hearing, either with or without counsel, he/she must state as such in the written objection, and must also identify any witnesses he/she may call ; 8. A list of all persons who will be called to testify at the Final Approval Fairness Hearing and all exhibits he/she in support of the objection; 9. A statement confirming whether the objector intends to introduce into evidence personally appear and/or testify at the Final Approval Fairness Hearing, which must also be attached to, or included with, the written objection; and 10. The objector’s dated signature. (C) B. Any Settlement Class Member who fails to timely file comply with the provisions of Section VI.A., above, shall be deemed to have waived and serve a written objection forfeited any and notice of intent all rights he or she may have to appear at separately 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 Approval Hearing Order, and the Final Judgment in the Action and the Related Action. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions of this Section VI.B. Without limiting the foregoing, any challenge to the Settlement Agreement, Final Order, or Final Judgment shall be pursuant to this Agreement, shall appeal under the Federal Rules of Appellate Procedure and not be permitted to through collateral proceedings. Class Members may not both object and request exclusion (opt out). C. Any Class Member who objects to the approval Settlement Agreement shall be entitled to all the benefits of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of Agreement if the Settlement or Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of the this Settlement Agreement by appeal or other meansapplicable to Class Members. (D) The Parties will request that the Court, within its discretion, exercise its right to deem any objection as frivolous and award appropriate costs and fees to the Parties opposing such objection(s).

Appears in 1 contract

Samples: Settlement Agreement

Objections to Settlement. (A) The Notice shall advise Settlement A. Any Class Members of their rights, including the right Member who has not filed a timely written request for exclusion and who wishes to be excluded from or object to the Settlement Agreement and its terms. The Notice shall specify that any objection to fairness, reasonableness, or adequacy of this Settlement Agreement, the requested award of Attorneys’ Fees, Costs, and any papers submitted in support of said objectionExpenses, shall be received by or the requested Incentive Awards to the Plaintiff and to Brown, must file with the Court and provide copies to Plaintiff’s Class Counsel, Xxxxxxx’x Counsel, and Plaid Pantry’s Counsel a written statement of his or her objections, 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: (a) a heading which refers to PROPOSED the Action; (b) the objector’s full name, telephone number, and address (the objector’s actual residential address must be included); (c) if represented by counsel, the full name, telephone number, and address of all counsel; (d) 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, only if, Fairness Hearing on his or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to do so and at the same time: (i) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk of the Court; (ii) that any objection made by a Settlement Class Member represented by counsel must be filed with the Clerk of the Courtown behalf or through counsel; and (iiig) send copies of such papers via United States mailthe objector’s dated, hand delivery, handwritten signature (an electronic signature or overnight delivery to both Class Counsel and Defendant Counselattorney’s signature are not sufficient). A copy of Any documents supporting the objection must also be mailed 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 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 definition of the Class. B. Any Class Member who files and serves a written objection, as described in the preceding Section 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 Settlement, or to the award of Attorneys’ Fees, Costs and Expenses or award to the individual Plaintiff. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver a notice of intention to appear to Plaintiff’s Class Counsel identified in the Long Form Notice and to Xxxxxxx’x Counsel, and file said notice with the Court, on a date ordered by the Court. C. Any Class Member who objects to the Settlement Administrator at shall be entitled to all of the address 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 Settlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating equitable common-fund doctrine does not apply to this Settlement. D. No later than fourteen (B14) Any Settlement Class Member who intends to object to this Settlement must include in any such objection: (i) his/her full name, address and current telephone number; (ii) days before the case name number date of this Litigation; (iii) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (iv) the identification of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the last four years; and (vi) the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. If the objecting Settlement Class Member intends to appear at the Final Approval Fairness Hearing, either Plaintiff’s Class Counsel shall file with or without counsel, he/she must state as such in the written objection, Court their responses to any timely and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the written objection. (C) Any Settlement Class Member who fails to timely file and serve a written objection and notice of intent to appear at the Final Approval Hearing pursuant to this Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means. (D) The Parties will request that the Court, within its discretion, exercise its right to deem any objection as frivolous and award appropriate costs and fees to the Parties opposing such objection(s).valid objections received. PROPOSED

Appears in 1 contract

Samples: Settlement Agreement

Objections to Settlement. (Aa) The Notice shall advise Settlement Other than Claims Disputes as provided in paragraph 5(f) above, any Class Members of their rights, including the right Member who has not submitted a timely written exclusion request and who wishes to be excluded from or object to the Settlement fairness, reasonableness or adequacy of the Agreement or the proposed Settlement, or to the award of attorneys’ fees, must deliver written objections to Class Counsel and its terms. The Notice shall specify that any objection to this Settlement AgreementDefendants’ Counsel, and any papers submitted in support of said objection, shall be received by the Court at the Final Approval Hearing, only if, on or before the Objection/Exclusion Deadline approved have file-marked by the Court, no later than sixty (60) days prior to the person making an objection shall file notice of his/her intention to do so Fairness Hearing or as the Court may otherwise direct. Written objections must be verified by sworn affidavit and at the same timemust include: (i) file copies the objector’s name, address, and telephone number, (ii) the name of such papers he/she proposed 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 submit at rely along with any evidence the Final Approval Hearing with the Clerk objector intends to introduce in support of the Courtobjection(s). If the objection is presented through an attorney, the written objection must also include: (i) the identity and number of Class Members represented by objector’s counsel; (ii) that any objection made by a Settlement the number of such represented Class Member represented by counsel must be filed with the Clerk Members who have opted out of the CourtSettlement; and (iii) send copies the number of such papers via United States mail, hand delivery, or overnight delivery to both represented Class Counsel and Defendant Counsel. A copy of the objection must also be mailed to Members who have remained in the Settlement Administrator at the address that the Settlement Administrator will establish to receive requests for exclusion and have not objected. Objecting Class Members, whether or objections, Claim Forms, and any other communication relating to this Settlement. (B) Any Settlement Class Member who intends to object to this Settlement must include in any such objection: (i) his/her full name, address and current telephone number; (ii) the case name number of this Litigation; (iii) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (iv) the identification of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the last four years; and (vi) the objector's signature. If 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 mutual agreement, Little Rock, Arkansas) for deposition by Class Counsel and Defendants’ Counsel at least thirty (30) days before the date of the Fairness Hearing, and each objection must include the date when the objecting Settlement Class Member(s) will so present himself or herself for deposition. b) Any Class Member must also provide the name who properly and telephone number of his/her counsel. If the objecting Settlement Class Member intends to 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 herein, may appear at the Final Approval Fairness Hearing, either with in person or without counsel, he/she must state as such in the written objection, and must also identify any witnesses he/she may call to testify through counsel hired at the Final Approval Hearing and all exhibits he/she intends to introduce into evidence at the Final Approval HearingClass Member’s personal expense, which must also be attached to, or included with, the written objection. (C) Any Settlement Class Member who fails to timely file and serve a written objection and notice of intent to appear at the Final Approval Hearing pursuant to this Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement fairness, reasonableness, or the terms adequacy of the Agreement or the proposed Settlement, or to the award of Attorneys’ Fees. Class Members or their attorneys intending to make an appearance at the Fairness Hearing must deliver to Class Counsel and Defendants’ Counsel, and have file-marked by appeal or other means. (D) The Parties will request that the Court, within its discretion, exercise its right to deem any objection as frivolous and award appropriate costs and fees to the Parties opposing such objection(s).no later than thirty

Appears in 1 contract

Samples: Settlement Agreement

Objections to Settlement. (A) The Notice shall advise Settlement A. Any Class Members of their rights, including the right Member who has not filed a timely written request for exclusion and who wishes to be excluded from or object to the Settlement fairness, reasonableness or adequacy of this Agreement or the proposed Settlement, the award of Attorneys’ Fees and its terms. The Notice shall specify that any objection Expenses or the Service Awards to this Settlement Agreement, Plaintiffs must deliver to Plaintiffs’ Co-Lead Counsel and any papers submitted in support of said objection, shall be received to Xxxx’x Counsel and file with the Court by the Court at the Final Approval Hearing, only if, on or before the Objection/Exclusion Objection Deadline approved by the Court, the person making an objection shall file notice a written statement of his/her intention to do so and at the same time: (i) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk of the Court; (ii) that any objection made by a Settlement Class Member represented by counsel must be filed with the Clerk of the Court; and (iii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant Counsel. A copy of the their objections. B. An objection must also be mailed to include (1) the Settlement Administrator at the address that the Settlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement. (B) Any Settlement Class Member who intends to object to this Settlement must include in any such objection: (i) his/her full name, address name and current telephone number; (ii) the case name number of this Litigation; (iii) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (iv) the identification of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the last four years; and (vi) the objector's signature. If represented by counsel, the objecting Settlement Class Member must also provide the name address and telephone number of his/her counsel. If the objecting Settlement Class Member; (2) the location of the deck or other substrate to which DeckOver purchased by the Class Member was applied, if different from the current address; (3) proof that the Class Member purchased DeckOver during the Class Period; (4) a statement of the amount of DeckOver purchased (in gallons or dollars); (5) all of the Class Member’s objections, the reasons therefor, and all supporting papers, including, without limitation, all briefs, written evidence, and declarations; (6) a statement of whether the Class Member intends to appear at the Final Approval Hearing; and (7) the Class Member’s signature and the signature of any attorney representing the Class Member. Neither an objection signed by counsel alone nor any “mass” or “class” objections shall be valid. In addition, either with any Class Member objecting to the settlement shall provide a detailed list of any other objections submitted by the objector, or without the objector’s counsel, he/she must 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 as such in the written objection, and must also identify any witnesses he/she may call to testify at materials provided with the Final Approval Hearing and all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the written objection. (C) C. Any Settlement 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 a notice of intention to appear to Plaintiffs’ Co-Lead Counsel and Xxxx’x Counsel, and file said notice with the Court, on a date ordered by the Court. D. Any Class Member who fails to timely file comply with the provisions of Paragraphs B or C above shall waive and serve a written objection forfeit any and notice of intent all rights he or she may have to appear at 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 Hearing Order or Final Judgment shall be pursuant to this Agreement, shall appeal under the Federal Rules of Appellate Procedure and not be permitted to object through any collateral attack. E. Any Class Member who objects to the approval Settlement shall be entitled to all of the benefits of the Settlement at the Final Approval Hearing if this Agreement and shall be foreclosed from seeking any review of the Settlement or the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of the this Agreement by appeal or other meansapplicable to Class Members. (D) The Parties will request that the Court, within its discretion, exercise its right to deem any objection as frivolous and award appropriate costs and fees to the Parties opposing such objection(s).

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Samples: Settlement Agreement