Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security Incident); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, District of Massachusetts, Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 2 contracts
Samples: Class Action Settlement Agreement and Release, Class Action Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Only Settlement Class Members to may object to the Settlement. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, Settlement must do so in writing by the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice DateObjection/Exclusion Deadline. All written objections and supporting papers must clearly (a) contain and clearly identify the case name and number; and (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security Incident); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: to the Class Action Clerk, United States District Court for the Northern District of MassachusettsCalifornia, 000 Xxxxxx Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxxx 0 - 00xx Xxxxx, Xxx Xxxxxxxxx, XX 00000, or by filing them in person at any location of the CourthouseUnited States District Court for the Northern District of California. All Written objections must also contain: (1) the full name, address and telephone number of the Settlement Class Member; (2) a written statement of all grounds for the objection accompanied by legal support for the objection (if any); (3) any papers, briefs or other documents upon which the objection is based; (4) a list of all persons who will be filed or postmarked on or before called to testify in support of the Objection Deadline, as set forth above. Any objection (if any); (5) a statement of whether the Settlement Class Member intends to appear at the Fairness Hearing; (6) proof of membership in the Class; (7) a list of all objections filed by the objector and his or her counsel to class action settlements in the last three years; and (8) the signature of the Settlement Class Member and her or his counsel, if any. No Settlement Class Member shall be heard at the Fairness Hearing (whether individually or through separate counsel) unless written notice of the Settlement Class Member’s intention to appear at the Fairness Hearing, and copies of any written objections or briefs, have been timely submitted to the Court. The date of the postmark on the mailing envelope or a legal proof of service accompanied by a file-stamped copy of the submission shall be the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. In the event that the postmark is illegible, the objection and/or notice to appear shall be deemed untimely unless it is received by the Court within two (2) calendar days of the Objection/Exclusion Deadline. Settlement Class Members who does not make their objections fail to timely submit a written objection in the manner and by the date set forth in this paragraph specified above shall be deemed to have waived any objections and shall be forever barred foreclosed from raising such objections in this making any objection (whether by appeal or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge otherwise) to the Settlement. Class Counsel shall, at least fourteen (14) calendar days (or such other number of days as the Court shall specify) before the Fairness Hearing, file any responses to any written objections submitted to the Court by Settlement Class Members in accordance with this Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 2 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Only Settlement Class Members to may object to the Settlement. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, Settlement must do so in writing by the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice DateObjection/Exclusion Deadline. All written objections and supporting papers must clearly (a) clearly identify the case name and number; and (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security Incident); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: to the Class Action Clerk, United States District Court for the Northern District of MassachusettsCalifornia, Xxxx Xxxxxx Xxxxxxx U.S. Oakland Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, 0000 Xxxx Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxxx 2 - 4th Xxxxx, Xxxxxxx, XX 00000, or by filing them in person at any location of the CourthouseUnited States District Court for the Northern District of California. All Written objections must also contain: (1) the full name, address and telephone number of the Settlement Class Member; (2) a written statement of all grounds for the objection accompanied by any legal support for the objection (if any); (3) copies of any papers, briefs or other documents upon which the objection is based; (4) a list of all persons who will be filed or postmarked on or before called to testify in support of the Objection Deadline, as set forth above. Any objection (if any); (5) a statement of whether the Settlement Class Member intends to appear at the Fairness Hearing; (6) proof of membership in the Class; (7) a list of all objections filed by the objector and his or her counsel to class action settlements in the last ten years; and (8) the signature of the Settlement Class Member and her or his counsel, if any. No Settlement Class Member shall be entitled to be heard at the Fairness Hearing (whether individually or through separate counsel) unless written notice of the Settlement Class Member’s intention to appear at the Fairness Hearing, and copies of any written objections or briefs, have been timely submitted to the Court. The date of the postmark on the mailing envelope or a legal proof of service accompanied by a file-stamped copy of the submission shall be the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. In the event that the postmark is illegible, the objection and/or notice to appear shall be deemed untimely unless it is received by the Court within two (2) calendar days of the Objection/Exclusion Deadline. Settlement Class Members who does not make their objections fail to timely submit a written objection in the manner and by the date set forth in this paragraph specified above shall be deemed to have waived any objections and shall be forever barred foreclosed from raising such objections in this making any objection (whether by appeal or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge otherwise) to the Settlement. Class Counsel shall, at least fourteen (14) calendar days (or such other number of days as the Court shall specify) before the Fairness Hearing, file any responses to any written objections submitted to the Court by Settlement Class Members in accordance with this Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 2 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraphSection. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (db) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (ec) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (hd) identify all counsel representing the Class Member, if any; (ie) 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; and (j) include all documents or writings that the Class Member desires the Court to consider; (kf) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, United States District Court for the Eastern District of MassachusettsPennsylvania, Xxxx 000 Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000Xxxxxxxxxxxx, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph Section shall be deemed to have waived any objections and shall be forever barred from raising such objections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attackobjections.
Appears in 2 contracts
Samples: Class Action Settlement Agreement and Release, Class Action Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty seventy-five (6075) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Class Member does not enter an appearance, they will be represented by Class Counsel. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty seventy-five (6075) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a signed statement by the Class Member that he or she believes themself to be he or she is a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security Incident); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (ge) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (jf) include all documents or writings that the Class Member desires the Court to consider; (kg) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear (either in person or by telephone or videoconference) at the Final Approval Hearing; and (lh) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: to the Clerk’s Office, United States District Court for the Eastern District of MassachusettsWisconsin (Green Bay Division), Xxxx Xxxxxx Xxxxxxx U.S. CourthouseXxxxxxxxx Xxxxx Xxxxxxxx, 0 Xxxxxxxxxx Xxx000 X. Xxxxxxxxx St., Xxxxx 0000Room 102, XxxxxxGreen Bay, Xxxxxxxxxxxxx 00000Wisconsin, 54301-4541, or by filing them in person at any location of the Courthouse. All objections must United States District Court for the Eastern District of Wisconsin; and (i) be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules Federal Rules of appellate procedure Appellate Procedure and not through a collateral attack.
Appears in 2 contracts
Samples: Class Action Settlement Agreement and Release, Class Action Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection Objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, Eastern District of MassachusettsMichigan, Xxxx Xxxxxx Xxxxxxx Xxxxxxxx Xxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx000 X. Xxxxxxxxx Xxxx., Xxxxx 0000Xxxxxxx, Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxx 00000, or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph Section shall be deemed to have waived any objections and shall be forever barred from raising such objections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Objections. The Notice shall explain that A Settlement Class Member who complies with the procedure for Class Members to requirements of this Paragraph may object to the Settlement and to Plaintiffs’ Motion for Attorneys’ Fees, Costs, and Service Award for the Class Representative. No Settlement Class Member shall be heard, and no papers, briefs, pleadings, or other documents submitted by any Settlement Class Member shall be received and considered by the Court, unless the objection is: (a) filed with the Clerk of Court by the Objection Deadline, which is by submitting written objections to the Court no later than sixty (60) days Days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed the Settlement Agreement and as specified in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections Notice; and supporting papers must clearly (a) identify the case name and number; (b) state mailed to Settlement Class Counsel and Froedtert’s Counsel at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline. Each Objection must (i) set forth the Settlement Class Member’s full name, current mailing address, and telephone number, and email address; (cii) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement ClassClass Member’s original signature; (diii) include contain proof that the Settlement Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security IncidentWebsite Usage Disclosure); (eiv) identify state that the specific Settlement Class Member objects to the Settlement, in whole or in part; (v) set forth a statement of the legal and factual and legal grounds basis for the objectionObjection; (fvi) identify whether the Objection is an objection to provide copies of any documents that the Settlement Class Member wishes to submit in part or in wholesupport of his/her position; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (hvii) identify all counsel representing the Settlement Class Member, if any; (iviii) include contain the signature of the Settlement Class Member’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation; and (ix) contain 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; (j) include all documents or writings that the . Any Settlement Class Member desires who fails to comply in full with the requirements for objecting in the Settlement Agreement, the Notice, and any Court orders will forever waive and forfeit any and all rights he or she may have to consider; (k) contain a statement regarding whether raise any objection to the Class Member (or counsel Settlement Agreement, will not be permitted to object to the approval of his or her choosing) intends to appear the Settlement at the Final Approval Hearing; and (l) contain the signature , will be foreclosed from seeking any review of the Class Member Settlement or the Class Member’s duly authorized attorney or representative. All objections must be submitted to terms of the Settlement Administrator, Class Counsel identified belowAgreement by appeal or other means, and to will be bound by the Court either Settlement Agreement and by mailing them to: Clerkall proceedings, District of Massachusettsorders, Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections and judgments in the manner and by the date set forth in this paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attackLawsuit.
Appears in 1 contract
Samples: Settlement Agreement
Objections. The Notice shall explain that the procedure for Only Settlement Class Members to may object to the Settlement. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, Settlement must do so in writing by the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice DateObjection/Exclusion Deadline. All written objections and supporting papers must must: (1) clearly (a) identify the case name and number; and (b2) state be submitted to the Class Member’s Action Settlement Administrator at the addresses listed in the Class Notice. Written objections must also contain: (1) the full name, current mailing address, address and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member number of the Settlement Class Member; (e.g., copy 2) a written statement of all grounds for the settlement notice, copy of objection accompanied by any legal support for the original notice of the Security Incidentobjection (if any); (e3) identify copies of any papers, briefs or other documents upon which the specific factual and legal grounds for the objectionobjection is based; (f4) identify whether the Objection is an objection a list of all persons who will be called to the Settlement testify in part or in whole; (g) state whether support of the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any); (i) 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; (j) include all documents or writings that a statement of whether the Settlement Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Fairness Hearing; (6) proof of membership in the Class; (7) a list of all objections filed by the objector and his or her counsel to class action settlements in the last ten years; and (l) contain 8) the signature of the Settlement Class Member and her or his counsel, if any. No Settlement Class Member shall be entitled to be heard at the Fairness Hearing (whether individually or through separate counsel) unless written notice of the Settlement Class Member’s duly authorized attorney intention to appear at the Fairness Hearing, and copies of any written objections or representative. All objections must be briefs, have been timely submitted to the Settlement AdministratorCourt. The date of the postmark on the mailing envelope or a legal proof of service accompanied by a file-stamped copy of the submission shall be the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. In the event that the postmark is illegible, Class Counsel identified below, and the objection and/or notice to appear shall be deemed untimely unless it is received by the Court either by mailing them towithin five (5) calendar days of the Objection/Exclusion Deadline. Settlement DocuSign Envelope ID: Clerk, District of Massachusetts, Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 Class Member Members who does not make their objections fail to timely submit a written objection in the manner and by the date set forth in this paragraph specified above shall be deemed to have waived any objections and shall be forever barred foreclosed from raising such objections in this making any objection (whether by appeal or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge otherwise) to the Settlement. Class Counsel shall, at least fourteen (14) calendar days (or such other number of days as the Court shall specify) before the Fairness Hearing, file any responses to any written objections submitted to the Court by Settlement Class Members in accordance with this Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 1 contract
Samples: Settlement Agreement and Release
Objections. The Notice shall explain that Any Settlement Class Member who has not opted out of the procedure for Settlement Class Members pursuant to Section 3.5, below, and who wants to object to the Settlement is Agreement must mail a written objection, signed by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objectionhis/her legal representative, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security Incident); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified belowno later than seventy-five (75) calendar days after the Preliminary Approval Order, unless the Court orders otherwise. The delivery date is deemed to be the date the objection is deposited in the U.S. Mail as evidenced by the postmark. Written objections must include: (a) the name and case number of the Action, “Bruun v. Red Xxxxx Gourmet Burgers, Inc., District Court Xxxxx County Nevada, Case No. A-20-814178-C; (b) the full name, address, e-mail address, and telephone number of the person objecting; (c) the words “Notice of Objection” or “Formal Objection”; and (d) in clear and concise terms, the legal and factual arguments supporting the objection, including an attestation, under the penalty of perjury, of facts demonstrating that the person objecting is a Settlement Class Member. The objecting Settlement Class Members must also provide all documents that will be used in support of the objection. Any Settlement Class Member that mails a written objection as described in this Section has the option to appear at the Fairness Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to object to the Court either by mailing them to: ClerkSettlement Agreement, District of Massachusetts, Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, as long as the Settlement Class Member or by filing them in person his or her attorney intending to make an appearance at the CourthouseFairness Hearing so indicated in an objection under a heading of “Notice of Intent to Appear.” Only Settlement Class Members who timely mail objections containing Notices of Intent to Appear may speak at the Fairness Hearing. All Settlement Class Members who fail to submit written objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth described in this paragraph shall Section will be deemed to have waived any objections and shall will be forever barred foreclosed from raising such making any objections in this (whether by a subsequent objection, intervention, appeal, or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge process) to the Settlement Agreement, and the Order Granting Preliminary Approval Settlement Class Members asserting such an objection shall be bound by the final determination of the Court. Within three (3) calendar days of receiving any objection, the Settlement Administrator will provide copies of the objection to Settlement Class Action Settlement Agreement, Counsel and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attackRed Robin’s Counsel.
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Samples: Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Only Settlement Class Members to may object to the Settlement. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, Settlement must do so in writing by the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice DateObjection/Exclusion Deadline. All written objections and supporting papers must clearly (a) contain and clearly identify the case name and number; and (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security Incident); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerkto the Clerk of the Court, United States District Court for the Western District of MassachusettsWashington, Xxxx Xxxxxx Xxxxxxx U.S. United States Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, 000 Xxxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000Suite 2310, Seattle, WA 98101, or by filing them in person at any location of the CourthouseUnited States District Court for the Western District of Washington. All Written objections must also contain: (1) the full name, address and telephone number of the Settlement Class Member; (2) a written statement of all grounds for the objection accompanied by legal support for the objection (if any); (3) any papers, briefs or other documents upon which the objection is based; (4) a list of all persons who will be filed or postmarked on or before called to testify in support of the Objection Deadline, as set forth above. Any objection (if any); (5) a statement of whether the Settlement Class Member intends to appear at the Fairness Hearing; (6) proof of membership in the Class, or a signed statement attesting, under penalty of perjury, that they were a Washington or California resident who does not make their purchased one or more products from Defendant during the Class Periods; (7) a list of all objections filed by the objector and his or her counsel to class action settlements in the last three years; and (8) the signature of the Settlement Class Member and her or his counsel, if any. No Settlement Class Member shall be heard at the Fairness Hearing (whether individually or through separate counsel) unless written notice of the Settlement Class Member’s intention to appear at the Fairness Hearing, and copies of any written objections or briefs, have been timely submitted to the Court. The date of the postmark on the mailing envelope or a legal proof of service accompanied by a file-stamped copy of the submission shall be the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. If the postmark is illegible, the objection and/or notice to appear shall be deemed untimely unless it is received by the Court within two (2) calendar days of the Objection/Exclusion Deadline. Settlement Class Members who fail to timely submit a written objection in the manner and by the date set forth in this paragraph specified above shall be deemed to have waived any objections and shall be forever barred foreclosed from raising such objections in this making any objection (whether by appeal or any other action or proceedingotherwise) to the Settlement. Class Counsel shall, absent further order within fifteen (15) days of the Court. Without limiting the foregoingClaim Deadline, file any challenge responses to any written objections submitted to the Court by Settlement Class Members in accordance with this Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
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Objections. The Notice shall explain that the procedure for Only Settlement Class Members to may object to the Settlement. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, Settlement must do so in writing by the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice DateObjection/Exclusion Deadline. All written objections and supporting papers must clearly (a) contain and clearly identify the case name and number; and (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security Incident); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them toto the Clerk of Court using the following address: Clerk, United States District Court for the Western District of MassachusettsMissouri, Wiley, et al. v. RugsUSA, LLC, Case No. 6:23-cv-03250-SRB, 000 Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx Xxxxxx Xxxx, Xxxxxxxx 00000, or by filing them in person with the Clerk of Court at that same address. Written objections must also contain: (1) the full name, address and telephone number of the Settlement Class Member; (2) a written statement of all grounds for the objection accompanied by legal support for the objection (if any); (3) any papers, briefs or other documents upon which the objection is based; (4) a list of all persons who will be called to testify in support of the objection (if any); (5) a statement of whether the Settlement Class Member intends to appear at the Courthouse. All Fairness Hearing; (6) proof of membership in the Class, or a signed statement attesting, under penalty of perjury, that they were a California, Washington, Oregon, or Missouri resident who purchased one or more products from Defendant during the Class Period; (7) a list of all objections must be filed by the objector and his or postmarked on or before her counsel to class action settlements in the Objection Deadline, as set forth above. Any last three years; and (8) the signature of the Settlement Class Member and her or his counsel, if any. No Settlement Class Member shall be heard at the Fairness Hearing (whether individually or through separate counsel) unless written notice of the Settlement Class Member’s intention to appear at the Fairness Hearing, and copies of any written objections or briefs, have been timely submitted to the Court. The date of the postmark on the mailing envelope or a legal proof of service accompanied by a file-stamped copy of the submission shall be the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. In the event that the postmark is illegible, the objection and/or notice to appear shall be deemed untimely unless it is received by the Court within two (2) calendar days of the Objection/Exclusion Deadline. Settlement Class Members who does not make their objections fail to timely submit a written objection in the manner and by the date set forth in this paragraph specified above shall be deemed to have waived any objections and shall be forever barred foreclosed from raising such objections in this making any objection (whether by appeal or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge otherwise) to the Settlement. Class Counsel shall, at least fourteen (14) calendar days (or such other number of days as the Court shall specify) before the Fairness Hearing, file any responses to any written objections submitted to the Court by Settlement Class Members in accordance with this Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
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Samples: Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Only Settlement Class Members to may object to the Settlement. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, Settlement must do so in writing by the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice DateObjection/Exclusion Deadline. All written objections and supporting papers must clearly (a) contain and clearly identify the case name and number; and (b) state be mailed to the Settlement Administrator. The Settlement Administrator will provide any written objections received to Class Member’s Counsel within five (5) calendar days, and Class Counsel will file them with the Court. Written objections must also contain: (1) the full name, current mailing address, address and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member number of the Settlement Class Member; (e.g., copy 2) a written statement of all grounds for the settlement notice, copy of objection accompanied by legal support for the original notice of the Security Incidentobjection (if any); (e3) identify any papers, briefs or other documents upon which the specific factual and legal grounds for the objectionobjection is based; (f4) identify whether the Objection is an objection a list of all persons who will be called to the Settlement testify in part or in whole; (g) state whether support of the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any); (i) 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; (j) include all documents or writings that a statement of whether the Settlement Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Fairness Hearing; (6) proof of membership in the Class, or a signed statement attesting, under penalty of perjury, that they were a California or Oregon resident who placed one or more mattress orders on Defendant’s website during the Class Period; (7) a list of all objections filed by the objector and his or her counsel to class action settlements in the last three years; and (l) contain 8) the signature of the Settlement Class Member and her or his counsel, if any. No Settlement Class Member shall be heard at the Fairness Hearing (whether individually or through separate counsel) unless written notice of the Settlement Class Member’s duly authorized attorney intention to appear at the Fairness Hearing, and copies of any written objections or representative. All objections must be briefs, have been timely submitted to the Settlement AdministratorCourt. The date of the postmark on the mailing envelope or a legal proof of service accompanied by a file-stamped copy of the submission shall be the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. If the postmark is illegible, Class Counsel identified below, and the objection and/or notice to appear shall be deemed untimely unless it is received by the Court either by mailing them to: Clerk, District within two (2) calendar days of Massachusetts, Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, or by filing them in person at the CourthouseObjection/Exclusion Deadline. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Settlement Class Member Members who does not make their objections fail to timely submit a written objection in the manner and by the date set forth in this paragraph specified above shall be deemed to have waived any objections and shall DocuSign Envelope ID: AB8467E5-D83C-4ED4-9397-8D8E91EB23AB be forever barred foreclosed from raising such objections in this making any objection (whether by appeal or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge otherwise) to the Settlement. Class Counsel shall, at least fourteen (14) calendar days (or such other number of days as the Court shall specify) before the Fairness Hearing, file any responses to any written objections submitted to the Court by Settlement Class Members in accordance with this Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
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Samples: Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Class Members to object to the 55. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement. To exercise this certified or objection right, the Settlement Benefits, Service Awards, and/or Class Member must provide written notice of the Fee Award and Costs, objection via certified or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate first class mail to the ClassCourt, why a final judgment should not be entered thereon, why Class Counsel and Defendant’s Counsel. Such notice shall state: (1) the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Memberobjector’s full name, current mailing address, telephone number, and telephone e-mail address; (2) documents or information required on the Claim Form and sufficient to identify the objector as a Settlement Class Member, including but not limited to the pistols serial number; (c3) contain a written statement of all grounds for the objection accompanied by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security Incident); (e) identify the specific factual and any legal grounds support for the objection; (f4) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset identity of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if anyobjector; (i5) include a list, including case name, court, and docket number, the identity of all counsel representing the objector who may appear at the Final Fairness Hearing; (6) all other cases in which the objector and/or (directly or through counsel) or the objector’s counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement settlement, or has been a named plaintiff in any class action or served as lead plaintiff class counsel, including the past five (5) yearscase name, court, and docket number for each; (j7) include a list of all documents or writings that the Class Member desires the Court persons who will be called to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear testify at the Final Approval Fairness Hearing in support of the objection; (8) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (l9) contain the objector’s signature and the signature of the Class Member or the Class Memberobjector’s duly authorized attorney or representativeother duly authorized representative (along with documentation setting forth such representation). All objections must Any Settlement Class Member who fails to file and serve timely a written objection containing all of the information listed in the items listed above in the previous paragraph, including notice of his/her intent to appear at the final approval hearing, shall not be submitted permitted to object to the Settlement Administratorand shall be foreclosed from seeking any review of the settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal. Such objection must be postmarked or personally delivered on such schedule as the Court may direct. The submission of an objection allows Class Counsel identified belowof SIG Xxxxx’x Counsel to take the deposition of the objecting Settlement Class Member pursuant to the Federal Rules of Civil Procedure at an agreed-upon time and location, and to obtain any evidence relevant to the objection. Failure by an objector to make himself or herself available for a deposition or to comply with expedited discovery requests may result in the Court either by mailing them to: Clerk, District striking the objection. The Court may tax the costs of Massachusetts, Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge discovery to the Settlement objector or the objector’s counsel if the Court determines that the objection is frivolous or is made for an improper purpose. In seeking Preliminary Approval of this Agreement, the Order Granting Preliminary Approval Parties will request that the deadline for submission of notice of objections shall be set on a date no less than sixty (60) days after the publication of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall final notice to be published pursuant to appeal under the applicable rules of appellate procedure and Section V. Objections sent by any Settlement Class Member to incorrect locations shall not through a collateral attackbe valid.
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Samples: Settlement Agreement
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security IncidentData Breach); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, Western District of MassachusettsMichigan, Xxxx Xxxxxx Southern Division, 000 Xxxxxxx U.S. CourthouseXxxx, 0 Xxxxxxxxxx Xxx000 Xxxxxxxx Xx. XX, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx XX 00000, or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
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Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Security IncidentData Breach); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) 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; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, Eastern District of MassachusettsMichigan, Xxxx Xxxxxx Xxxxxxx Xxxxxxxx Xxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx000 X. Xxxxxxxxx Xxxx., Xxxxx 0000Xxxxxxx, Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxx 00000, or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
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