Common use of Objections to the Settlement Clause in Contracts

Objections to the Settlement. 67. Any Settlement Class Member who wishes to object to the proposed Settlement must submit a timely written and valid notice that complies with the requirements of this Agreement (an “Objection”) by the Objection Deadline. 68. To be deemed valid, the Objection must meet the following requirements: a. Contain the objecting Settlement Class Member’s full name, address, telephone number, and email address (if any); b. Contain the objecting Settlement Class Member’s signature; c. Set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “state with specificity the grounds for the objection”; e. Set forth any legal support for the Objection that the objector believes is applicable; f. Include copies of any documents the objector wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify all counsel representing the objector (if any); i. State whether the objector and/or the objector’s counsel intend to appear at the Final Approval Hearing; and j. Include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Consumer Track Action, including the right to take the objector’s deposition. 72. If a person in the Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall waive any rights he or she may have to raise any objection to the Settlement, shall not be permitted to object to the Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving the Settlement, the order granting Final Approval of the Settlement, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challenge.

Appears in 4 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Objections to the Settlement. 67. Any (a) Subject to the requirements of this Paragraph 75, any Settlement Class Member who wishes may (i) object to the proposed Settlement and/or to the Fee Application and/or to the Service Award Application, (ii) appear at the Final Approval Hearing to object to the proposed Settlement and/or to the Fee Application and/or the Service Award Application. To do so, the Settlement Class Member must submit (i) file a timely written and valid notice objection (together with any briefs, papers, statements, or other materials that complies the Settlement Class Member wishes the Court to consider) with the Clerk of the Court, and (ii) comply with all of the requirements of this Agreement (an “Objection”set forth in Paragraphs 75(b) to 75(e) below, by the Opt-Out and Objection Deadline. 68. To be deemed validFurther, the Objection must meet the following requirements: a. Contain the objecting any Settlement Class Member’s full name, address, telephone number, Member who intends to object and email address (if any); b. Contain the objecting Settlement Class Member’s signature; c. Set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “state with specificity the grounds for the objection”; e. Set forth any legal support for the Objection that the objector believes is applicable; f. Include copies of any documents the objector wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify all counsel representing the objector (if any); i. State whether the objector and/or the objector’s counsel intend to appear at the Final Approval Hearing; and j. Include , must file a list, including case name, court, Notice of Intention to Appear with the Clerk of the Court and docket number, of serve the Notice on all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years. 69Parties. A Only a Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and may file an objection. (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies Class Member(s) must make his, her, or their objection in writing and file it with the Clerk of all objections received to the Court by the Opt-Out and Objection Deadline, and serve the objection on Class Counsel and Defense Counsel for Wawa. If Counsel for Wawa or at the addresses specified in the Class Counsel receive an objection that does not appear to have been sent to Notice, postmarked no later than the other or the Settlement Administrator, said counsel shall send it to the other counsel Opt-Out and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The (c) An objection must: (i) attach documents establishing, or provide information sufficient to allow the Parties will have to confirm, that the same right to seek discovery from any objecting objector is a Settlement Class Member as they would if the objector was Member; (ii) include a party in the Consumer Track Action, including the right to take the objector’s deposition. 72. If a person in the detailed statement of such Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall waive any rights he or she may have to raise any objection to the Settlement, shall not be permitted to object to the Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving the Settlement, the order granting Final Approval of the Settlement, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challenge.Member’s specific objections;

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Objections to the Settlement. 67. 7.1 Any Settlement Class Member who wishes to object to the proposed Settlement Agreement must submit a timely written and valid written notice that complies with the requirements of this Agreement his or her objection (an “Objection”) by the Objection Deadline. 68Deadline (as defined herein). To be deemed valid, the Objection must meet the following requirements: a. Contain Such notice shall: (i) state the objecting Settlement Class Member’s 's full name, current address, telephone number, and email address (if any); b. Contain ; (ii) contain the objecting Settlement Class Member’s 's original signature; c. Set ; (iii) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition Settlement Class (e.g., copy of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(ANotice or copy of original notice of the Data Security Incident), the Objection must “state with specificity the ; (iv) set forth a statement of all grounds for the objection”; e. Set forth , including any legal support for the Objection objection that the objector believes is applicable; f. Include copies of any documents the objector wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify ; (v) identify all counsel representing the objector; (vi) state whether the objector and/or his or her counsel will appear at the Final Approval Hearing, and; (vii) contain the signature of the objector's duly authorized attorney or other duly authorized representative (if any);, along with documentation setting forth such representation. i. State whether 7.2 To be timely, an Objection in the appropriate form must be filed with the Clerk of the Court and mailed or hand-delivered concurrently upon Settlement Class Counsel and ACTS' Counsel at addresses set forth in the Notice no later than sixty (60) Days after the Notice Deadline (“Objection Deadline”). The deadline for filing Objections shall be included in the Notice. 7.3 An objector and/or is not required to attend the objector’s counsel intend Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing; and j. Include a list, including case nameeither with or without counsel, courthe or she must also file with the Court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection mail or hand-deliver to any proposed class action settlement in the past five (5) years. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to ACTS' Counsel, a notice of appearance no later than sixty (60) Days after the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Notice Deadline. 71. The Parties will have 7.4 If the same right to seek discovery from any objecting Settlement Class Member as they would if intends to appear at the Final Approval Hearing through counsel, the notice of appearance filed with the Court must also identify the attorney(s) representing the objector was who will appear at the Final Approval Hearing and include each such attorney's name, address, phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers, and a party list identifying all objections such counsel has filed to class action settlements in the Consumer Track Actionpast three (3) years, including the right to take results of each objection, any court opinions ruling on the objector’s depositionobjections, and any sanctions issued by a court in connection with objections filed by such attorney. 72. 7.5 If a person in the objecting Settlement Class who objects Member intends to request permission from the settlement also submits a request Court to opt out, either before or after call witnesses at the objectionFinal Approval Hearing, the objection will be deemed withdrawn and void. The objecting Settlement Administrator will notify Class Member must provide a list of any such witnesses together with a brief summary of each witness's expected testimony at least thirty (30) Days before the personFinal Approval Hearing. 73. 7.6 Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall forever waive and forfeit any and all rights he or she may have to raise any objection Objection to the SettlementSettlement Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement Agreement shall be through the objection provisions set forth in this sectionSection. Without limiting the foregoing, any challenge to the SettlementSettlement Agreement, the order preliminarily Final Order and Judgment approving the Settlement, the order granting Final Approval of the Settlementthis Settlement Agreement, or the Final Judgment to be entered upon Final Approval final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form a collateral attack. Any objecting Settlement Class Member who appeals final approval of challengethe Settlement Agreement will be required to post an appeal bond.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections to the Settlement. 67. 7.1 Any Settlement Class Member who wishes to object to the proposed Settlement Agreement must submit a timely written and valid written notice that complies with the requirements of this Agreement his or her objection (an “Objection”) by the Objection Deadline. 68Deadline (as defined herein). To be deemed valid, the Objection must meet the following requirements: a. Contain Such notice shall: (i) state the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if any); b. Contain ; (ii) contain the objecting Settlement Class Member’s signature; c. Set ; and (iii) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition statement of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “state with specificity the all grounds for the objection”; e. Set forth , including any legal support for the Objection objection that the objector believes is applicable;. f. Include copies of any documents 7.2 To be timely, an Objection must be filed with the objector wishes to submit in support Clerk of the Objection;Court and mailed or hand delivered concurrently upon Class Counsel and U-Haul Counsel at addresses set forth in the Notice no later than sixty (60) Days after the Notice Deadline (“Objection Deadline”). The deadline for filing Objections shall be included in the Notice. g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), 7.3 If the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify all counsel representing the objector (if any); i. State whether the objector and/or the objector’s counsel intend objecting Settlement Class Member intends to appear at the Final Approval Hearing; and j. Include a listHearing through counsel, including case the objection filed with the Court must also identify the attorney(s) representing the objector who will appear at the Final Approval Hearing and include each such attorney’s name, courtaddress, phone number, email address, and docket number, of all other cases in state bar(s) to which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) yearsis admitted. 69. A Settlement Class Member seeking to object must send 7.4 If the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if intends to request permission from the objector was Court to call witnesses at the Final Approval Hearing, the objecting Settlement Class Member must provide a party in list of any such witnesses together with a brief summary of each witness’s expected testimony at least thirty (30) Days before the Consumer Track Action, including the right to take the objector’s depositionFinal Approval Hearing. 72. If a person in the Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. 7.5 Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall forever waive and forfeit any and all rights he or she may have to raise any objection Objection to the SettlementSettlement Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74Lawsuit. The exclusive means for any challenge to the Settlement Agreement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving the Settlement, the order granting Final Approval of the Settlement, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challengeSection.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections to the Settlement. 67. Any (a) The Class Notice shall permit any Settlement Class Member who wishes does not opt out of the Settlement to appear at the Final Approval Hearing to object to the proposed Settlement must submit and/or to the Fee Application and/or the Service Award Application, but only if the Settlement Class Member has first filed a timely written and valid notice that complies objection with the Clerk of Court, in accordance with the requirements of this Agreement (an “Objection”) set forth in Section III.C.12.b. below, by the Opt-Out and Objection Deadline. 68. To be deemed validFurther, the Objection must meet the following requirements: a. Contain the objecting any Settlement Class Member’s full name, address, telephone number, and email address (if any); b. Contain the objecting Settlement Class Member’s signature; c. Set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “state with specificity the grounds for the objection”; e. Set forth any legal support for the Objection that the objector believes is applicable; f. Include copies of any documents the objector wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify all counsel representing the objector (if any); i. State whether the objector and/or the objector’s counsel intend Member who intends to appear at the Final Approval Hearing; and j. Include Hearing must file a list, including case name, court, Notice of Intention to Appear with the Clerk of Court and docket number, of serve the Notice on all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) yearsParties. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Consumer Track Action, including the right to take the objector’s deposition. 72. If a person in the Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall waive any rights he or she may have to raise any objection to the Settlement, shall not be permitted to object to the Settlement heard at the Final Approval Hearing, shall be foreclosed from seeking any review the Settlement Class Member must make his, her, or their objection in writing and file it with the Court by the Opt-Out and Objection Deadline and serve the objection on all Parties, postmarked not later than the last day to file the objection, at the following addresses: (i) Class Counsel – Xxxxxx Xxxx, KalielGold PLLC, 0000 00xx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, X.X. 00000; and (ii) counsel for Bangor – Xxxxx Xxxxx, XXXXXXX PROCTER LLP, 000 Xxxxx Xxxxxxxx Xxxxxx, Suite 4100, Los Angeles, CA 90017. An objection must: (a) attach documents establishing, or provide information sufficient to allow the Parties to confirm, that the objector is a member of the Settlement or Classes; (b) include a detailed statement of such Settlement Class Member’s specific objections; (c) state the terms of grounds for such objections; (d) identify all documents which the Settlement Agreement by appeal or other means, Class Member asks the Court to consider; and shall be bound by (e) if the Settlement Agreement and Class Member is represented by all proceedingscounsel concerning the objection, orders, and judgments in the Consumer Track Action. 74. The exclusive means including any former or current counsel who may be entitled to compensation for any challenge reason related to the Settlement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving Fee Application or the Service Award Application, the name of such counsel. (c) Settlement Class Representatives and Bangor may file responses to any objections that are submitted by a Settlement Class Member. (d) Any Settlement Class Member who does not provide a timely, written objection shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the proposed Settlement, the order granting Final Approval award of the Settlementattorneys’ fees and costs, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challengeservice award.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections to the Settlement. 67(a) Subject to the requirements of this Paragraph, any Settlement Class Member may: (i) object to the proposed Settlement and/or to the Fee Application and/or to the Service Payment Application; and (ii) appear at the Final Approval Hearing to object to the proposed Settlement and/or to the Fee Application and/or the Service Payment Application. To do so, the Settlement Class Member must (i) file a written objection (together with any briefs, papers, statements, or other materials that the Settlement Class Member wishes the Court to consider) with the Clerk of the Court, and (ii) comply with all of the requirements set forth in Paragraphs 85(b) to 85(e) below, by the Opt-Out and Objection Deadline. Further, any objecting Settlement Class Member who intends to appear at the Final Approval Hearing must file a Notice of Intention to Appear with the Clerk of the Court and serve the Notice on all Parties. Only a Settlement Class Member may file an Objection; any purported objection filed by an individual who is not a Settlement Class Member shall not qualify as an “Objection” as defined herein. (b) Any Settlement Class Member who wishes to object to the proposed Settlement must submit a timely written make his or her objection in writing and valid notice that complies file it with the requirements Clerk of this Agreement (an “Objection”) the Court by the Opt-Out and Objection Deadline, and serve the objection on Class Counsel and Defense Counsel at the addresses specified in the Class Notice, postmarked no later than the Opt-Out and Objection Deadline. 68. (c) To be deemed valid, an objection must: (i) attach documents establishing, or provide information sufficient to allow the Objection must meet Parties to confirm, that the following requirements: a. Contain the objecting objector is a Settlement Class Member; (ii) include a detailed statement of such Settlement Class Member’s full name, address, telephone number, and email address specific objections; (if any); b. Contain the objecting Settlement Class Member’s signature; c. Set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “iii) state with specificity the grounds for such objections; (iv) identify all documents which the objection”; e. Set forth any legal support for Settlement Class Member asks the Objection that the objector believes is applicable; f. Include copies of any documents the objector wishes Court to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify all counsel representing the objector consider; and (if any); i. State whether the objector and/or the objector’s counsel intend to appear at the Final Approval Hearing; and j. Include a list, including case name, court, and docket number, of all other cases v) identify each instance in which the objector and/or the objector’s Settlement Class Member or his/her counsel has filed an objection objected to any proposed a class action settlement in the past five (5) years. 69. A (d) Settlement Class Member seeking Representatives and Bank of America may file responses to object must send any objections within seven (7) days prior the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement AdministratorFinal Approval Hearing. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Consumer Track Action, including the right to take the objector’s deposition. 72. If a person in the Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. (e) Any Settlement Class Member who fails to comply does not submit a timely-filed Objection (i.e., on or before the Opt-Out and Objection Deadline), in full writing and otherwise in accordance with the requirements for objecting set forth in of this Settlement Agreement, the Notice, and any applicable orders of the Court shall waive any rights he or she may have to raise any objection to the Settlement, shall not be permitted to object to the Settlement at the Final Approval HearingParagraph, shall be foreclosed from seeking deemed to have waived any review of the Settlement right or the terms of the Settlement Agreement by appeal or other meansability to object to, and shall forever be bound by foreclosed from making any objection to, the Settlement Agreement and by all proceedingsfairness, ordersreasonableness, and judgments in or adequacy of the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the proposed Settlement, the order preliminarily approving the SettlementFee Application, the order granting Final Approval of the SettlementFee and Expense Award, Service Payment Application, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challengeService Payments.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Objections to the Settlement. 67. 7.1 Any Settlement Class Member who wishes to object to the proposed Settlement Agreement must submit a timely written and valid notice that complies with the requirements of this Agreement his or her objection (an “Objection”) by the Objection Deadline. 68Date. To be deemed valid, the Objection must meet the following requirements: a. Contain Such notice shall (i) state the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if any); b. Contain ; (ii) contain the objecting Settlement Class Member’s original signature; c. Set ; (iii) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition Settlement Class (e.g., copy of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(ANotice or copy of original notice of the Data Incident), the Objection must “state with specificity the ; (iv) set forth a statement of all grounds for the objection”; e. Set forth , including any legal support for the Objection objection that the objector believes is applicable; f. Include copies of any documents the objector wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify ; (v) identify all counsel representing the objector objector; (if any); i. State vi) state whether the objector and/or the objector’s his or her counsel intend to will appear at the Final Approval Hearing; and j. Include (vii) contain the signature of the objector’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation; (viii) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five three (53) years. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (bix) the Settlement Administrator. The Settlement Administrator shall promptly provide include copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection any documents that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if wishes to submit in support of his or her position. 7.2 To be timely, an Objection in the appropriate form must be filed with the Clerk of the Court no later than ninety (90) Days from the Preliminary Approval Date (the “Objection Date”) and mailed or hand delivered concurrently upon Settlement Class Counsel and Mercy Counsel at addresses set forth in the Notice. The deadline for filing Objections shall be included in the Notice. 7.3 An objector is not required to attend the Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file with the Court, and mail or hand-deliver to Settlement Class Counsel and Mercy Counsel, a notice of appearance no later than ninety (90) Days after the Preliminary Approval Date. 7.4 If the objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, the notice of appearance filed with the Court must also identify the attorney(s) representing the objector was who will appear at the Final Approval Hearing and include each such attorney’s name, address, phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers, and a party list identifying all objections such counsel has filed to class action settlements in the Consumer Track Actionpast three (3) years, including the right to take results of each objection, any court opinions ruling on the objector’s depositionobjections, and any sanctions issued by a court in connection with objections filed by such attorney. 72. 7.5 If a person in the objecting Settlement Class who objects Member intends to request permission from the settlement also submits a request Court to opt out, either before or after call witnesses at the objectionFinal Approval Hearing, the objection will be deemed withdrawn and void. The objecting Settlement Administrator will notify Class Member must provide a list of any such witnesses together with a brief summary of each witness’s expected testimony at least thirty (30) Days before the personFinal Approval Hearing. 73. 7.6 Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall forever waive and forfeit any and all rights he or she may have to raise any objection to the SettlementSettlement Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement Agreement shall be through the objection provisions set forth in this sectionSection. Without limiting the foregoing, any challenge to the SettlementSettlement Agreement, the order preliminarily Final Order and Judgment approving the Settlement, the order granting Final Approval of the Settlementthis Settlement Agreement, or the Final Judgment to be entered upon Final Approval final approval shall be pursuant to appeal under the Federal Iowa Rules of Appellate Civil Procedure and not through any other form a collateral attack. Any objecting Settlement Class Member who appeals final approval of challengethe Settlement Agreement will be required to post an appeal bond.

Appears in 1 contract

Samples: Settlement Agreement

Objections to the Settlement. 67. 7.1 Any Settlement Class Member who wishes to object to the proposed Settlement Agreement must submit a timely written and valid written notice that complies with the requirements of this Agreement his or her objection (an “Objection”) by the Objection Deadline. 68Deadline (as defined herein). To be deemed valid, the Objection must meet the following requirements: a. Contain Such notice shall: (i) state the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if any); b. Contain ; (i) contain the objecting Settlement Class Member’s signature; c. Set ; abd (ii) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition statement of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “state with specificity the all grounds for the objection”; e. Set forth , including any legal support for the Objection objection that the objector believes is applicable;. f. Include copies of any documents 7.2 To be timely, an Objection in the objector wishes to submit in support appropriate form must be filed with the Clerk of the Objection;Court and mailed or hand delivered concurrently upon Settlement Class Counsel and PracticeMax Counsel at addresses set forth in the Notice no later than sixty (60) Days after the Notice Deadline (“Objection Deadline”). The deadline for filing Objections shall be included in the Notice. g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), 7.3 If the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify all counsel representing the objector (if any); i. State whether the objector and/or the objector’s counsel intend objecting Settlement Class Member intends to appear at the Final Approval Hearing; and j. Include a listHearing through counsel, including case the notice of appearance filed with the Court must also identify the attorney(s) representing the objector who will appear at the Final Approval Hearing and include each such attorney’s name, courtaddress, and docket phone number, of all other cases in email address, state bar(s) to which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) yearsis admitted. 69. A Settlement Class Member seeking to object must send 7.4 If the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if intends to request permission from the objector was Court to call witnesses at the Final Approval Hearing, the objecting Settlement Class Member must provide a party in list of any such witnesses together with a brief summary of each witness’s expected testimony at least thirty (30) Days before the Consumer Track Action, including the right to take the objector’s depositionFinal Approval Hearing. 72. If a person in the Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. 7.5 Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall forever waive and forfeit any and all rights he or she may have to raise any objection Objection to the SettlementSettlement Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement Agreement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving the Settlement, the order granting Final Approval of the Settlement, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challengeSection.

Appears in 1 contract

Samples: Settlement Agreement

Objections to the Settlement. 67. Any The Court will consider written comments and objections to the Settlement Class Member who wishes to object Agreement, to the proposed Settlement must submit award of attorneys’ fees and reimbursement of litigation expenses, or to the request for a timely Case Contribution Award for the Plaintiff only if such written comments or objections are filed with the Court Clerk not later than 15 days before the Fairness Hearing and valid notice that complies comply with the requirements of this Agreement (an “Objection”) Paragraph 20 below. As directed in the Notice, Settlement Class Members will submit any objections to the Settlement Administrator, who will promptly forward any objections to Class Counsel and Defendants’ Counsel at the following email addresses: To Class Counsel: Xxxxxxx X. Xxxxxx Xxxxxx & Xxxxxxx, LLP xxxxxxx@xxxxxxxxxxxxx.xxx To Defendants’ Counsel: Xxxxx X. Xxxxx O’Melveny & Xxxxx LLP xxxxxx@xxx.xxx Class Counsel will file a copy of any objections with the Court at the following address: United States District Court Western District of Washington Seattle Division 000 Xxxxxxx Xxxxxx, Suite 2310 Seattle, WA 98101 Re: Xxxxxxx v. Providence Health & Servs., et al., Case No.: C17-1779-JCC The Court will only consider written comments and objections to the Settlement that are signed by the Objection Deadline. 68. To be deemed valid, Settlement Class Member and are timely filed with the Objection must meet Court and include all of the following requirements: a. Contain following: (a) the objecting name and case number of the Action; (b) the Settlement Class Member’s full name, address, telephone number, and email address signature; (if any); b. Contain c) a statement that the objecting person submitting the comments or objections is a Settlement Class Member’s signature; c. Set forth information identifying Member and an explanation of the objector as basis upon which the person claims to be a Settlement Class Member, including proof that the objector is within the definition of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “state with specificity the ; (d) all grounds for the objection”; e. Set forth , accompanied by any legal support for the Objection that known to the objector believes is applicable; f. Include copies or his or her counsel; (e) a statement as to whether the Settlement Class Member or his or her counsel intends to personally appear and/or testify at the Fairness Hearing; and (f) a list of any documents persons the objector wishes or his or her counsel may call to submit testify at the Fairness Hearing in support of the Objection; g. In accordance with Fedobjection. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset Any member of the class, or to the entire class”; h. Identify all counsel representing the objector (if any); i. State whether the objector and/or the objector’s counsel intend to appear at the Final Approval Hearing; and j. Include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Consumer Track Action, including the right to take the objector’s deposition. 72. If a person in the Settlement Class or other person who objects to does not timely file and serve a written objection complying with the settlement also submits a request to opt out, either before or after the objection, the objection will terms of this paragraph shall be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Noticehave waived, and any applicable orders of the Court shall waive any rights he or she may have to raise be foreclosed from raising, any objection to the SettlementSettlement Agreement, shall not be permitted to object to the Settlement at the Final Approval Hearing, and any untimely objection shall be foreclosed barred absent an order from seeking the Court. The Named Plaintiff or Defendants may, bearing the cost, take discovery, including depositions, from anyone who files an objection with respect to any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments issues raised in the Consumer Track Actionobjection. 74. The exclusive means for any challenge to the Settlement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving the Settlement, the order granting Final Approval of the Settlement, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challenge.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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Objections to the Settlement. 67. 7.1 Any Settlement Class Member who wishes to object to the proposed Settlement Agreement must submit a timely written and valid notice that complies with the requirements of this Agreement his or her objection (an “Objection”) by the Objection Deadline. 68Date. To be deemed valid, the Objection must meet the following requirements: a. Contain Such notice shall (i) state the objecting Settlement Class Member’s full name, current address, telephone number, and email e-mail address (if any); b. Contain ; (ii) contain the objecting Settlement Class Member’s original signature; c. Set ; (iii) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition Settlement Class (e.g., copy of Notice or copy of original notice of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(AData Incident), the Objection must “state with specificity the ; (iv) set forth a statement of all grounds for the objection”; e. Set forth , including any legal support for the Objection objection that the objector believes is applicable; f. Include copies of any documents the objector wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify ; (v) identify all counsel representing the objector objector; (if any); i. State vi) state whether the objector and/or the objector’s his or her counsel intend to will appear at the Final Approval Hearing; and j. Include (vii) contain the signature of the objector’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation; (viii) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five three (53) years. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (bix) the Settlement Administrator. The Settlement Administrator shall promptly provide include copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection any documents that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if wishes to submit in support of his or her position. 7.2 To be timely, an Objection in the appropriate form must be filed with the Clerk of the Court no later than sixty (60) Days from the Preliminary Approval Date (the “Objection Date”) and mailed or hand delivered concurrently upon Settlement Class Counsel and Clearway Counsel at addresses set forth in the Notice. The deadline for filing Objections shall be included in the Notice. 7.3 An objector is not required to attend the Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file with the Court, and mail or hand-deliver to Settlement Class Counsel and Clearway Counsel, a notice of appearance no later than sixty (60) Days after the Preliminary Approval Date. 7.4 If the objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, the notice of appearance filed with the Court must also identify the attorney(s) representing the objector was who will appear at the Final Approval Hearing and include each such attorney’s name, address, phone number, e-mail address, state bar(s) to which counsel is admitted, as well as associated state bar numbers, and a party list identifying all objections such counsel has filed to class action settlements in the Consumer Track Actionpast three (3) years, including the right to take results of each objection, any court opinions ruling on the objector’s depositionobjections, and any sanctions issued by a court in connection with objections filed by such attorney. 72. 7.5 If a person in the objecting Settlement Class who objects Member intends to request permission from the settlement also submits a request Court to opt out, either before or after call witnesses at the objectionFinal Approval Hearing, the objection will be deemed withdrawn and void. The objecting Settlement Administrator will notify Class Member must provide a list of any such witnesses together with a brief summary of each witness’s expected testimony at least sixty (60) Days before the personFinal Approval Hearing. 73. 7.6 Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall forever waive and forfeit any and all rights he or she may have to raise any objection to the SettlementSettlement Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement Agreement shall be through the objection provisions set forth in this sectionSection. Without limiting the foregoing, any challenge to the SettlementSettlement Agreement, the order preliminarily Final Order and Judgment approving the Settlement, the order granting Final Approval of the Settlementthis Settlement Agreement, or the Final Judgment to be entered upon Final Approval final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form a collateral attack. Any objecting Settlement Class Member who appeals final approval of challengethe Settlement Agreement will be required to post an appeal bond.

Appears in 1 contract

Samples: Settlement Agreement

Objections to the Settlement. 6760. Any Settlement Class Member who wishes to object to the proposed Settlement must submit a timely written and valid notice that complies file with the requirements of this Agreement Court and serve a written objection(s) to the Settlement (an ObjectionObjection(s)”) by to Class Counsel and NorthStar’s Counsel, at the Objection Deadlineaddresses set forth in the Long-Form Notice via First Class U.S Mail. 6861. To be deemed valid, the each Objection must meet (i) set forth the following requirements: a. Contain the objecting Settlement Class Member’s full name, current address, and telephone number, and email address ; (if any); b. Contain ii) contain the objecting Settlement Class Member’s original signature; c. Set forth information identifying ; (iii) state that the objector as a Settlement Class MemberMember objects to the Settlement, including proof that the objector is within the definition in whole or in part; (iv) set forth a statement of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “state with specificity the grounds legal and factual basis for the objection”; e. Set forth any legal support for the Objection that the objector believes is applicable; f. Include Objection; (v) provide copies of any documents that the objector Settlement Class Member wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only his/her position; (vi) a list of all persons who will be called to the objector, to a specific subset of the class, or to the entire class”; h. Identify all counsel representing the objector (if any); i. State whether the objector and/or the objector’s counsel intend to appear testify at the Final Approval Hearing; and j. Include Fairness Hearing in support of the objection. In addition to the foregoing, Objections should also provide the following information: (a) a list, including by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel (directly or through a lawyer) has filed an objection to any proposed class action settlement in within the past five last three (53) years. 69; and (b) a list, by case number, court, and docket number, of all other cases in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative. A Settlement Class Member seeking may only object on their own behalf or on behalf of a person they are authorized by law to object for, such as a trustee, guardian, or person acting under a power of attorney with respect to a claim or right. 62. Objections must send be filed with the objection as described in paragraph 68 above to: (a) the Court; Court and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to served on Class Counsel and NorthStar’s Counsel for Wawano later than sixty (60) Days after the Notice Date (the “Objection Deadline”). The Objection Deadline shall be included in the Short-Form and Long-Form Notices. 63. Class Counsel and NorthStar’s Counsel may, but need not, respond to the Objections, if any, by means of a memorandum of law served prior to the Final Approval Hearing. 64. An objecting Settlement Class Member has the right, but is not required, to attend the Final Approval Hearing. If Counsel for Wawa an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file a notice of appearance with the Court (as well as serve the notice on Class Counsel receive an objection that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before NorthStar’s Counsel) by the Objection Deadline. 71. The Parties will have a. If the same right to seek discovery from any objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, he or she must also identify the attorney(s) representing the objecting Settlement Class Member who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, e-mail address, state bar(s) to which counsel is admitted, as they would if the objector was a party in the Consumer Track Action, including the right to take the objector’s depositionwell as associated state bar numbers. 72. If a person in the Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. b. Any Settlement Class Member who fails to comply timely file and serve an Objection and notice, if applicable, of his or her intent to appear at the Final Approval Hearing in full with the requirements for objecting set forth in person or through counsel pursuant to this Settlement Agreement, as detailed in the Long-Form Notice, and any applicable orders of otherwise as ordered by the Court shall waive any rights he or she may have to raise any objection to the SettlementCourt, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing, Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means. 65. Any Settlement Class Member who does not submit a timely Objection in complete accordance with this Settlement Agreement, the Long-Form Notice, and shall be bound otherwise as ordered by the Settlement Agreement and by all proceedingsCourt, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge shall not be treated as having filed a valid Objection to the Settlement and shall forever be through the barred from raising any objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving the Settlement, the order granting Final Approval of the Settlement, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challenge.

Appears in 1 contract

Samples: Settlement Agreement

Objections to the Settlement. 6710.1 The Notices 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 Notices shall 10.2 Any Settlement Class Member who wishes intends to object to the proposed Settlement must submit a timely written include in any such objection: (a) his/her full name, address and valid notice that complies with current telephone number; (b) the requirements case name and number of this Agreement Action; (an “Objection”c) proof that he/she is in the Settlement Class; (d) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (e) 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 five years; and (f) the objector’s signature. If represented by counsel, in addition to the Objection Deadline. 68. To be deemed validinformation set forth in (a) through (f) above, the Objection must meet the following requirements: a. Contain the objecting Settlement Class Member’s full namecounsel shall identify the case style, address, telephone numbercourt, and email address (if any); b. Contain case number for all objections it has filed to other class action settlements in the last five years. If the objecting Settlement Class Member’s signature; c. Set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection must “state with specificity the grounds for the objection”; e. Set forth any legal support for the Objection that the objector believes is applicable; f. Include copies of any documents the objector wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify all counsel representing the objector (if any); i. State whether the objector and/or the objector’s counsel intend Member intends to appear at the Final Approval Hearing; and j. Include a list, including case nameeither with or without counsel, courthe/she must state as much the written objection, and docket numbermust 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, of all other cases in which must also be attached to, or included with, the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) yearswritten objection. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Consumer Track Action, including the right to take the objector’s deposition. 72. If a person in the Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. 10.3 Any Settlement Class Member who fails to comply in full with timely file and serve a written objection and notice of intent to appear at the requirements for objecting set forth in Final Approval Hearing pursuant to this Settlement Agreement, the Notice, and any applicable orders of the Court shall waive any rights he or she may have to raise any objection to the Settlement, Agreement shall not be permitted to object to the approval of the Settlement Agreement at the Final Approval Hearing, Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means. 10.4 Settlement Class Members cannot both object to and exclude themselves from this Settlement Agreement. Any Settlement Class Member who attempts to both object to and exclude themselves from this Settlement Agreement will be deemed to have excluded themselves and will forfeit the right to object to this Settlement Agreement or any of its terms. If a Settlement Class Member returns both a Claim Form and a written request for exclusion, the request for exclusion shall deemed void and of no force and effect, and the Claim Form shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving the Settlement, the order granting Final Approval of the Settlement, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal processed under the Federal Rules terms of Appellate Procedure and not through any other form of challengethis Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Objections to the Settlement. 67. 7.1 Any Settlement Class Member who wishes to object to the proposed Settlement Agreement must submit a timely written and valid written notice that complies with the requirements of this Agreement his or her objection (an “Objection”) by the Objection Deadline. 68Deadline (as defined herein). To be deemed valid, the Objection must meet the following requirements: a. Contain Such notice shall: (i) state the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if any); b. Contain ; (ii) contain the objecting Settlement Class Member’s original signature; c. Set ; (iii) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition Settlement Class (e.g., copy of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(ANotice or copy of original notice of the Data Security Incident), the Objection must “state with specificity the ; (iv) set forth a statement of all grounds for the objection”; e. Set forth , including any legal support for the Objection objection that the objector believes is applicable; f. Include copies of any documents the objector wishes to submit in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), the Objection “must state whether it applies only to the objector, to a specific subset of the class, or to the entire class”; h. Identify ; (v) identify all counsel representing the objector; (vi) state whether the objector and/or his or her counsel will appear at the Final Approval Hearing, and; (vii) contain the signature of the objector’s duly authorized attorney or other duly authorized representative (if any);, along with documentation setting forth such representation. i. State whether 7.2 To be timely, an Objection in the appropriate form must be filed with the Clerk of the Court and mailed or hand delivered concurrently upon Settlement Class Counsel and Xxxx- Xxxxxx Counsel at addresses set forth in the Notice no later than sixty (60) Days after the Notice Deadline (“Objection Deadline”). The deadline for filing Objections shall be included in the Notice. 7.3 An objector and/or is not required to attend the objector’s counsel intend Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing; and j. Include a list, including case nameeither with or without counsel, courthe or she must also file with the Court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection mail or hand-deliver to any proposed class action settlement in the past five (5) years. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to Xxxx-Xxxxxx Counsel, a notice of appearance no later than sixty (60) Days after the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement Administrator. 70. In order to be timely, objections must be postmarked on or before the Objection Notice Deadline. 71. The Parties will have 7.4 If the same right to seek discovery from any objecting Settlement Class Member as they would if intends to appear at the Final Approval Hearing through counsel, the notice of appearance filed with the Court must also identify the attorney(s) representing the objector was who will appear at the Final Approval Hearing and include each such attorney’s name, address, phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers, and a party list identifying all objections such counsel has filed to class action settlements in the Consumer Track Actionpast three (3) years, including the right to take results of each objection, any court opinions ruling on the objector’s depositionobjections, and any sanctions issued by a court in connection with objections filed by such attorney. 72. 7.5 If a person in the objecting Settlement Class who objects Member intends to request permission from the settlement also submits a request Court to opt out, either before or after call witnesses at the objectionFinal Approval Hearing, the objection will be deemed withdrawn and void. The objecting Settlement Administrator will notify Class Member must provide a list of any such witnesses together with a brief summary of each witness’s expected testimony at least thirty (30) Days before the personFinal Approval Hearing. 73. 7.6 Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall forever waive and forfeit any and all rights he or she may have to raise any objection Objection to the SettlementSettlement Agreement, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means, and shall be bound by the Settlement Agreement and by all proceedings, orders, and judgments in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement Agreement shall be through the objection provisions set forth in this sectionSection. Without limiting the foregoing, any challenge to the SettlementSettlement Agreement, the order preliminarily Final Order and Judgment approving the Settlement, the order granting Final Approval of the Settlementthis Settlement Agreement, or the Final Judgment to be entered upon Final Approval final approval shall be pursuant to appeal under the Federal Texas Rules of Appellate Procedure and not through any other form a collateral attack. Any objecting Settlement Class Member who appeals final approval of challengethe Settlement Agreement will be required to post an appeal bond.

Appears in 1 contract

Samples: Settlement Agreement

Objections to the Settlement. 67. 7.1 Any Settlement Class Member who wishes to object to the proposed Settlement Agreement must submit a timely written and valid notice that complies with the requirements of this Agreement his or her objection (an “Objection”) by the Objection Deadline. 68Date (as defined below). To be deemed validSuch notice shall: (i) state the case name, the Objection must meet the following requirements: a. Contain Xxxxxxx v. Assistcare Home Health Services, LLC, d/b/a Preferred Home Care of New York/Preferred Gold, Index No. 511490/2021, (ii) the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if any); b. Contain ; (iii) contain the objecting Settlement Class Member’s original signature; c. Set ; (iv) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the definition Settlement Class (e.g., copy of the Settlement Class; d. In accordance with Fed. R. Civ. P. 23(e)(5)(ANotice or copy of original notice regarding the Data Incident), the Objection must “state with specificity the ; (v) set forth a statement of all grounds for the objection”; e. Set forth , including any legal support for the Objection objection that the objector believes is applicable; f. Include copies of any documents ; (vi) identify all counsel and counsels’ address representing the objector; (vii) state whether the objector wishes and/or his or her counsel will appear at the Final Approval Hearing; (viii) a list of all persons who will be called to submit testify at the Final Approval Hearing in support of the Objection; g. In accordance with Fed. R. Civ. P. 23(e)(5)(A), objector’s objection; (ix) a statement confirming whether the Objection “must state whether it applies only objector intends to personally appear and/or testify at the Final Approval Hearing; and (x) contain the signature of the objector, to a specific subset of the class, ’s duly authorized attorney or to the entire class”; h. Identify all counsel representing the objector other duly authorized representative (if any);, along with documentation setting forth such representation. i. State whether 7.2 To be timely, an Objection in the appropriate form must be filed with the Clerk of the Court no later than ninety (90) Days from the entry of the Preliminary Approval (the “Objection Date”) and mailed or hand delivered concurrently upon Settlement Class Counsel and Preferred Home Counsel at addresses set forth in the Notice. The deadline for filing Objections shall be included in the Notice. 7.3 An objector and/or is not required to attend the objector’s counsel intend Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing; and j. Include a list, including case nameeither with or without counsel, courthe or she must also file with the Court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection mail or hand-deliver to any proposed class action settlement in the past five (5) years. 69. A Settlement Class Member seeking to object must send the objection as described in paragraph 68 above to: (a) the Court; and (b) the Settlement Administrator. The Settlement Administrator shall promptly provide copies of all objections received to Class Counsel and Counsel for Wawa. If Counsel for Wawa or Class Counsel receive an objection that does not appear to have been sent to MDMC Counsel, a notice of appearance no later than ninety (90) Days after the other or the Settlement Administrator, said counsel shall send it to the other counsel and to the Settlement AdministratorPreliminary Approval Date. 70. In order to be timely, objections must be postmarked on or before 7.4 If the Objection Deadline. 71. The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Consumer Track Action, including the right intends to take the objector’s deposition. 72. If a person in the Settlement Class who objects to the settlement also submits a request to opt out, either before or after the objection, the objection will be deemed withdrawn and void. The Settlement Administrator will notify the person. 73. Any Settlement Class Member who fails to comply in full with the requirements for objecting set forth in this Settlement Agreement, the Notice, and any applicable orders of the Court shall waive any rights he or she may have to raise any objection to the Settlement, shall not be permitted to object to the Settlement appear at the Final Approval HearingHearing through counsel, shall be foreclosed from seeking any review the notice of appearance filed with the Settlement or Court must also identify the terms of attorney(s) representing the Settlement Agreement by appeal or other meansobjector who will appear at the Final Approval Hearing and include each such attorney’s name, address, phone number, email address, state bar(s) to which counsel is admitted, as well as associated state bar numbers, and shall be bound by the Settlement Agreement and by a list identifying all proceedings, orders, and judgments objections such counsel has filed to class action settlements in the Consumer Track Action. 74. The exclusive means for any challenge to the Settlement shall be through the objection provisions set forth in this section. Without limiting the foregoing, any challenge to the Settlement, the order preliminarily approving the Settlement, the order granting Final Approval of the Settlement, or the Final Judgment to be entered upon Final Approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through any other form of challenge.past three

Appears in 1 contract

Samples: Settlement Agreement

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