Common use of Objections Clause in Contracts

Objections. 9.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objection.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Objections. 9.1 Each Any Settlement Class Member who does not file submit a timely written Request for Exclusion may send present a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices written objection to the Settlement Administrator explaining why he or appear the at Final Approval Hearing. The Class Notice shall make clear she believes that the Settlement Agreement should not be approved by the Court can only approve or deny the Agreement as fair, reasonable, and cannot change the termsadequate. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any A Settlement Class Member who submits wishes to submit an objection must deliver to the Settlement Administrator, so that it is postmarked by the Objection Notice must include in and Opt-Out Deadline, a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any such Notice: evidence and legal authority that the Settlement Class Member wishes to bring to the Court’s attention. a. That written statement shall contain (ia) his/her full the Settlement Class Member’s printed name, address, telephone number, and e-mail addressdate of birth; (iib) evidence showing that the objector is a Settlement Class Member, including the address of the structure that contains or contained a Covered Product and proof that the structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.); (c) any other supporting papers, materials, or briefs that the Settlement Class Member wishes the Court to consider when reviewing the objection; (d) the case name and number actual written signature of the ActionSettlement Class Member making the objection; (iii) the reason for the objection and (ive) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, a statement indicating whether the objecting Settlement Class Member and/or his or her counsel intend to appear at the Final Approval Hearing. If a Settlement Class Member or counsel for the Settlement Class Member who submits an objection to this Settlement has objected to a class action settlement on any prior occasion, the objection shall also disclose all cases in which they have filed or otherwise submitted an objection by caption, court and case number, and for each case, the disposition of the objection. b. A Settlement Class Member may object on his or her own behalf or through an attorney; however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys who are involved in any way asserting objections on behalf of the Settlement Class Member must be listed on the objection papers. Counsel for the Parties may take the sworn deposition (which may be recorded by a stenographer and/or by video) of any objector prior to the Final Approval Hearing either virtually or in a location convenient for the objector. Such depositions may not exceed eight (8) hours in length absent permission from the Court. Transcripts and/or videos of any deposition taken pursuant to this paragraph may be admissible as evidence and/or for use by the Parties at the Final Approval Hearing. c. The Settlement Administrator shall provide counsel for the Parties with copies of any objections received by it on a weekly basis by email. The Settlement Administrator will also provide the name and telephone number copies of his/her counselall objections to counsel for any Party upon request. 9.3 d. Any objector who files and serves a timely written objection as described above may appear at the Final Approval Hearing, either in person at their own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement on the basis set forth in his or her objection, provided that they stated their intention to do so in the written statement described in Paragraph 30(a). For the avoidance of doubt, objectors and/or their counsel shall not have a right to appear at the Final Approval Hearing unless they stated their intention to do so in the written statement described in Paragraph 30(a). e. Any Settlement Class Member who fails to timely submit an Objection Notice comply with the provisions of Paragraphs 30.a.-d. shall waive and forfeit any and all rights that he, she, or it may have to appear at the Final Approval Hearing shall not be permitted separately and/or to object to the approval of the Settlement Settlement, and shall be foreclosed form seeking any review of the Settlement or the bound by all terms of this Settlement Agreement and by all proceedings, orders and judgments in the Agreement by appeal or other means. To be timely submittedLitigation, an Objection Notice must be electronically submitted or postmarked no later than including but not limited to, the Objection Deadline. 9.4 Settlement Class Members cannot both object to Release, the Final Approval Order, and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email orthe Final Judgment, even if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The such Settlement Class Member shall have until twenty- one (21) days prior has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionReleased Claims.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Objections. 9.1 Each 68. Settlement Class Members may object to this Agreement up to and including the date set by the Court in the Preliminary Approval Order, which shall be approximately forty-five (45) days following the Notice Deadline (“Objection Deadline”). 69. The Parties will request that the Court order that any Settlement Class Member who does not file a timely Request for Exclusion may send a notice has any objection to certification of intent the Settlement Class, to object approval of this Settlement Agreement or any of its terms, or to the settlement approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel providing: a. the case name and case number(s) of this Litigation; b. the objector’s full name, current address and phone number; c. the phone number on which he or she allegedly received an unauthorized phone Call from Defendant; d. the reasons why the objector objects to the Settlement along with any supporting materials; e. the identity of any lawyer who assisted, provided advice, or represents the objecting Settlement Class Member as to this case or such objection; and, f. the objector’s signature. 70. The Parties will request that the Court set the Objection Deadline approximately forty-five (45) days after the Notice Deadline. The Parties will request that the Court order that failure to comply timely and fully with these procedures shall result in the invalidity and rejection of an “Objection Notice”) or may appear objection. The Parties will request that the Court order that no Settlement Class Member shall be entitled to be heard at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish (whether individually or through the objector’s counsel), or to object to certification of the Agreement to send their Objection Notices Class or to the Settlement Administrator Agreement, and no written objections or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any briefs submitted by any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) shall be received or considered by the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear Court at the Final Approval Hearing shall not be permitted to object to the approval Hearing, unless written notice of the Settlement Class Member’s objection and shall be foreclosed form seeking any review brief in support of the Settlement or objection have been served upon the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no Counsel not later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement71. The Settlement Administrator shall attempt to contact any Parties will request that the Court order that Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will file and serve timely written objections in accordance with this Section shall be deemed to have excluded themselves waived any objections and will shall be considered foreclosed from making any objection to have forfeited their objectionthe certification of the Settlement Class or to the Settlement Agreement.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Objections. 9.1 Each 10.1. Class Members who wish to present objections to the Settlement at the Final Approval Hearing must do so in a written, signed statement delivered to the Settlement Administrator. To be considered, such Objections must be mailed to the Settlement Administrator, or filed with the United States District Court for the District of Connecticut, no later than sixty-three (63) calendar days from the date of the initial Notice mailing, the particular date of which will be specified in the Notice. The postmarked date of the objection shall be the exclusive means for determining that an objection is timely. 10.2. The objection statement must contain the name, address, and telephone number of the Class Member to be valid. If the Objector is represented by counsel, the objection statement must also list the name, address and telephone number of that counsel. The objection statement must set forth the legal and factual basis for the objection. Class Members who does fail to make objections in the manner specified 10.3. If the Settlement Administrator receives any objections, it shall indicate on the original of any mailed objection or on the printed version of any emailed objection the date it was received, and shall send copies of each objection to Plaintiffs’ Counsel and Defendant’s Counsel by email not later than five (5) business days after receipt thereof. Plaintiffs’ Counsel shall file a the objections with the Clerk of Court within fourteen (14) days after the end of the Opt-Out Period. Should the Settlement Administrator receive any additional timely Request for Exclusion may send a notice objections after the end of intent the Opt-Out Period, the Settlement Administrator will email those to object Plaintiffs’ Counsel and Defendant’s Counsel as soon as possible, but no later than within one (3) business days. Plaintiffs’ Counsel must promptly file each objection it receives from any source other than the Court. 10.4. An objector who wishes to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to must file with the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that Clerk of the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members serve upon counsel a notice of the Objection Deadline intention to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted (“Notice of Intention to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked Appear”) no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreementdeadline for the objection set forth in Section 10.1. The Settlement Administrator shall attempt Notice of Intention to contact Appear must include copies of any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email orpapers, if no email address is available, by telephone where a telephone number is availableexhibits, or by regular U.S. mail other evidence that the objector (or his/her counsel) shall present to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed Court in connection with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing Hearing. The Notice of Intention to inform Appear must also list any other class settlements to which the Settlement Administrator regarding his or her final choiceindividual has objected. Any Settlement Class Members Member who attempt files a Notice of Intention to both object Appear must be willing to promptly make themselves available for deposition by the Parties. If the Objector is represented 10.5. Any lawyer representing a Class Member for the purpose of making an objection must also file a Notice of Appearance with the Court by the deadline for objection and exclude themselves from this Agreement and fail must also serve copies by mail on counsel for the Parties. 10.6. An objector may withdraw his/her objections at any time. 10.7. Any individual who has requested exclusion by submitting a valid Opt-Out Statement may not also submit objections to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionthe Settlement.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Objections. 9.1 Each Settlement The Notice shall explain that the procedure for Class Member who does not file a timely Request for Exclusion may send a notice of intent Members to object to the settlement Settlement is by submitting written objections to the Court no later than seventy-five (an 75) days after the Notice Date (the “Objection NoticeDeadline) ). Any Class Member may enter an appearance in the Action, at their own expense, individually or may 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 to state an objection. The Class Notice shall instruct and show cause, if any, for why the Settlement Class Members who wish to object should not be approved as fair, reasonable, and adequate to the Agreement to send their Objection Notices to Class, why a final judgment should not be entered thereon, why the Settlement Administrator Benefits should not be approved, or appear why the at Final Approval HearingService Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. The No Class Notice shall make clear that 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 can only approve or deny to consider, within seventy-five (75) days following the Agreement Notice Date. All written objections and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice supporting papers must include in any such Notice: clearly (ia) his/her full name, address, telephone number, and e-mail address; (ii) identify the case name and number 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 he or she is a member of the ActionSettlement Class; (iiid) identify the reason specific grounds for the objection; (e) state whether the objection and (iv) applies only to the objector’s signature , a subset of the Settlement Class, or the signature of someone authorized to sign on entire Settlement Class; (f) include all documents or writings that the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide desires the name and telephone number of his/her counsel. 9.3 Any Settlement Court to consider; (g) contain a statement regarding whether the Class Member who fails (or counsel of his or her choosing) intends to timely submit an Objection Notice appear (either in person or appear by telephone or videoconference) at the Final Approval Hearing shall not Hearing; (h) be permitted to object submitted to the approval Court either by mailing them to the Clerk’s Office, United States District Court for the Eastern District of Wisconsin (Green Bay Division), ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ St., Room 102, Green Bay, Wisconsin, 54301-4541, or by filing them in person at any location of the Settlement United States District Court for the Eastern District of Wisconsin; and shall (i) be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted filed or postmarked no later than on or before the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement, as set forth above. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves waived any objections and will shall be considered 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 have forfeited their objectionthe 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 Federal Rules of Appellate Procedure and not through a collateral attack.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Objections. 9.1 Each The Notice shall inform Settlement Class Members that, if they do not request exclusion from the Settlement Class, they have the right to object to the proposed Settlement only by complying with the objection provisions set forth in this Section 4.5. Settlement Class Members who object to the proposed Settlement shall remain Settlement Class Members, and shall have voluntarily waived their right to pursue any independent remedy for the Released Claims against the Released Parties. Any Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent wishes to object to the settlement proposed Settlement must mail their objection in writing to the Court, which shall be postmarked or filed no later than the Exclusion/Objection Deadline, i.e., no later than one hundred five (105) days after the date of entry of the Preliminary Approval Order. To be effective, an objection must (a) include the case name and case number; (b) contain the full name, mailing address, and telephone number of the Settlement Class Member objecting to the Settlement (the Objection NoticeObjector); (c) include the Objector’s signature, or may the like signature or affirmation of an individual authorized to act on the Objector’s behalf; (d) state with specificity the grounds for the objection; (e) state whether the objection applies only to the Objector, to a specific subset of the class, or to the entire class; (f) contain the name, address, bar number, and telephone number of counsel for the Objector, if represented by an attorney in connection with the objection; and (g) state whether the Objector intends to appear at the Final Approval Hearing Hearing, either in person or through counsel. If the Objector or his or her attorney intends to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to present evidence at the Agreement to send their Objection Notices to Final Approval Hearing, the Settlement Administrator or appear objection must contain the following information: a detailed description of all evidence the Objector will offer at the Final Approval Hearing, including copies of any and all exhibits that the Objector may introduce at the Final Approval Hearing. The Class Notice shall make clear that To the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any extent any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone numberobjects to the proposed Settlement, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the such objection and (iv) the objector’s signature is overruled in whole or the signature of someone authorized to sign on the objector’s behalf. If represented by counselin part, the objecting such Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at will be forever bound by the Final Approval Hearing shall not be permitted to object to the approval of the Settlement Order and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other meansaccompanying Judgment. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, timely written objections shall be informed if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionis continued for any reason.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Objections. 9.1 Each 62. Settlement Class Members may object to this Agreement up to and including the date ordered by the Court in the Preliminary Approval Order. 63. The Parties will request that the Court order that any Settlement Class Member who does not file a timely Request for Exclusion may send a notice has any objection to certification of intent the Settlement Classes, to object approval of this Settlement Agreement or any of its terms, or to the settlement approval process must send his or her objection to the Settlement Administrator, Class Counsel, and Uber’s Counsel providing: a. the case name and case number(s) of this Litigation; b. the objector’s full name, current address and phone number; c. the phone number on which he or she allegedly received a text message from Uber; d. the reasons why the objector objects to the Settlement along with any supporting materials; e. information about other objections the objector or his or her lawyer(s) have made in other class action cases in the last four (an “4) years; and f. the objector’s signature. 64. The Parties will request the Court to set the Objection Notice”) or may appear at Deadline 30 days before the Final Approval Hearing Fairness Hearing. The Parties will request that the Court order that failure to state comply timely and fully with these procedures shall result in the invalidity and rejection of an objection. The Parties will request that the Court order that no Settlement Class Notice Member shall instruct be entitled to be heard at the Fairness Hearing (whether individually or through the objector’s counsel), or to object to certification of the Class or to the Settlement Agreement, and no written objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Fairness Hearing, unless written notice of the Settlement Class Member’s objection and any brief in support of the objection have been served upon the Counsel not later than 30 days before the date of the Fairness Hearing. 65. The Parties will request that the Court, within its discretion, exercise its right to deem any objection as frivolous and award appropriate costs and fees to the Parties opposing such objection(s). 66. The Parties will request that the Court order that Settlement Class Members who wish fail to object file and serve timely written objections in accordance with this Section shall be deemed to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in have waived any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement objections and shall be foreclosed form seeking from making any review objection to the certification of the Settlement Classes or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionAgreement.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Objections. 9.1 Each Any Settlement Class Member who does not file submit a timely written Request for Exclusion may send present a notice of intent to object written objection to the settlement (an “Objection Notice”) Settlement explaining why he, she, or may appear at it believes that the Final Approval Hearing to state an objectionSettlement should not be approved by the Court as fair, reasonable, and adequate. The Class Notice shall instruct A Settlement Class Members Member who wish wishes to object to the Agreement to send their Objection Notices submit an objection must deliver to the Settlement Administrator so that it is postmarked on or appear before the at Final Approval Hearing. The Class Notice shall make clear Objection and Opt-Out Deadline, a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any evidence and legal authority that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: wishes to bring to the Court’s attention. a. That written statement shall contain (ia) his/her full the Settlement Class Member’s printed name, address, telephone number, email address (if any), and e-mail addressdate of birth; (iib) evidence showing that the case name and number objector is a Settlement Class Member, including the address of the Actionresidence or structure that contains or contained the Class Generator and proof that the residence or structure contains or contained the Class Generator (photographs, contemporaneous installation records, etc.); (iiic) the reason for the objection and (iv) the objector’s signature any other supporting papers, materials, or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, briefs that the objecting Settlement Class Member must also provide wishes the name Court to consider when reviewing the objection; (d) the actual written signature of the Settlement Class Member making the objection; and telephone number of (e) a statement whether the objecting Settlement Class Member and/or his/her counsel, her, or its counsel intend to appear at the Final Approval Hearing. 9.3 b. A Settlement Class Member may object on his or her own behalf or through an attorney; however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys who are involved in any way asserting objections on behalf of the Settlement Class Member must be listed on the objection papers. Counsel for the Parties may take the deposition of any objector prior to the Final Approval Hearing in a location convenient for the objector. c. If a Settlement Class Member or counsel for the Settlement Class Member who submits an objection to this Settlement has objected to a class action settlement on any prior occasion, the objection shall also disclose all cases in which they have filed an objection by caption, court and case number, and for each case, the disposition of the objection. d. Any objector who files and serves a timely written objection as described above may appear at the Final Approval Hearing, either in person at their own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement on the basis set forth in the written objection. As noted above, objectors or their attorneys who intend to make an appearance at the Final Approval Hearing must state their intention to appear in the objection. e. Any Settlement Class Member who fails to timely submit an Objection Notice comply with the provisions of Sections E.2.a. to E.2.d. shall waive and forfeit any and all rights that he, she, or it may have to appear at the Final Approval Hearing shall not be permitted separately and/or to object to the approval of the Settlement Settlement, and shall be foreclosed form seeking any review of the Settlement or bound by all the terms of this Settlement Agreement and by all proceedings, orders and judgments in the Agreement by appeal or other means. To be timely submittedLawsuit, an Objection Notice must be electronically submitted or postmarked no later than including, but not limited to, the Objection Deadline. 9.4 Settlement Class Members cannot both object to Release, the Final Approval Order, and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email orthe Final Judgment, even if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The such Settlement Class Member shall have until twenty- one (21) days prior has litigation pending or subsequently initiates litigation against any Released Party relating to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionReleased Claims.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Objections. 9.1 Each 1. Any Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent intends to object to the settlement fairness of the Settlement must do so in writing no later than the Objection Date. Any objection must be in writing; signed by the Settlement Class Member (an “and his or her attorney, if individually represented); and filed with the Court, with a copy delivered to Class Counsel and Defendants’ Counsel at the addresses set forth in the Class Notice, no later than the Objection Notice”Date. The written objection must include: (a) a heading which refers to the Action; (b) the objector’s name, address, telephone number and, if represented by counsel, of his/her counsel; (c) a declaration submitted under penalty of perjury that the objector purchased Covered Products during the period of time described in the Settlement Class definition or receipt(s) reflecting such purchase(s); (d) a statement whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel; (e) a statement of the objection and the grounds supporting the objection; (f) copies of any papers, briefs, or other documents upon which the objection is based; (g) the name and case number of all objections to class action settlements made by the objector in the past five (5) years; and (h) the objector’s signature. 2. Any Settlement Class Member who files and serves a written objection, as described in the preceding Section, may appear at the Final Approval Hearing Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to state an objectionobject to any aspect of the fairness, reasonableness, or adequacy of this Agreement, including Attorneys’ Fees and Expenses. The Class Notice shall instruct Settlement Class Members or their attorneys who wish intend to object make an appearance at the Final Approval Hearing must serve a notice of intention to appear on the Agreement Class Counsel identified in the Class Notice, and to send their Objection Notices to Defendant’s Counsel, and file the Settlement Administrator or appear notice of appearance with the at Court, no later than twenty (20) days before the Final Approval Hearing. The Class Notice shall make clear that , or as the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Noticesmay otherwise direct. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf3. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice comply with the provisions of Section VI.A.1 above shall waive and forfeit any and all rights he or she may have to appear at separately and/or to object and shall be bound by all the terms of this Agreement and by all proceedings, orders, and judgments, including, but not limited to, the Release, in the Action. Class Counsel shall have the right, and Defendants shall reserve their right, to respond to any objection no later than seven (7) days before the Final Approval Hearing Hearing. The Party so responding shall not be permitted to object file a copy of the response with the Court and shall serve a copy, by regular mail, hand, or overnight delivery, to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The objecting Settlement Class Member shall have until twenty- one (21) days prior or to the Final Approval Hearing to inform individually-hired attorney for the Settlement Administrator regarding his or her final choice. Any objecting Settlement Class Members who attempt Member; to both object to all class Counsel; and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionDefendants’ Counsel.

Appears in 2 contracts

Sources: Joint Stipulation of Settlement, Joint Stipulation of Settlement

Objections. 9.1 Each Settlement Any Class Member who does not file a timely Request for Exclusion Member, other than Plaintiffs, may send a notice of intent to object to the settlement (an terms of this Settlement, except as to the Released PAGA Claims, by submitting a written Objection Objection” to the Settlement Administrator at the address provided in the Class Notice”) , postmarked on or may appear before the Response Deadline, or by appearing at the Final Approval Hearing to state an objectionobject. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits To be valid, an Objection Notice must include in any such Notice: (i) his/her the objecting Class Member’s full name, address, telephone number, and e-mail address; (ii) signature. The Objection must also include the objecting Class Member’s dates of employment with Defendant, the case name and number of the Class Action; (iii) , the reason basis for the objection objection, including any legal support and (iv) each specific reason in support of the objector’s signature objection, as well as any documentation or the signature of someone authorized to sign on the objector’s behalfevidence in support thereof. If the objecting Class Member is represented by counsel, the objecting Settlement Class Member Objection must also provide include the name and telephone number address of his/his or her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email orprovide Objections, if no email address is availableany, by telephone where a telephone number is availableto Class Counsel and Defendant’s Counsel within three (3) calendar days of receipt, or by regular U.S. mail to give and the Settlement Class Members an opportunity Administrator shall attach the same to clarify whether they choose to exclude themselves or proceed its declaration Regarding Notice and Settlement Administration and file its declaration and attachments with their objection. The Settlement Class Member shall have until twenty- one (21) days the Court prior to the Final Approval Hearing Hearing. Any Participating Class Member who submits an Objection remains eligible to inform receive monetary compensation from the Settlement. Plaintiffs and Defendant shall not be responsible for any fees, costs, or expenses incurred by any Class Member and/or his or her counsel related to any objections to the Settlement. Submitting an Objection does not preserve the right to appeal a final judgment. Class Members and PAGA Employees may not object to or opt-out of the settlement with respect to the PAGA Claims. The Parties may file a response to any Objections submitted by Participating Class Members at or prior to the Final Approval Hearing. Participating Class Members shall be permitted to withdraw their Objections in writing by submitting a withdrawal statement to the Settlement Administrator regarding his not later than one (1) business day prior to the Court’s Final Approval Hearing, or her final choiceas otherwise ordered by the Court. Any Settlement Class Members Member who attempt desires to both object to and exclude themselves from this Agreement and fail the Released Class Claims in the Settlement but fails to follow up regarding their final choice will be deemed timely submit a written Objection, or to have excluded themselves make an in-person objection at the Final Approval Hearing, waives any right to object and will be considered foreclosed from making any objection to have forfeited their objectionthis Settlement.

Appears in 1 contract

Sources: Class and Paga Action Settlement and Release

Objections. 9.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an intends to object to the fairness of this settlement must file a written objection with the Court and provide a copy to Class Counsel and counsel for Defendant by the Objection Notice Deadline. (1) In the written objection, the Settlement Class Member must include in any such Notice: (i) his/state his or her full name, address, and telephone number, the reasons for his or her objection, and e-mail address; (ii) whether he or she intends to appear at the case name and number of the Action; (iii) the reason for fairness hearing on his or her own behalf or through counsel. Any documents supporting the objection and must also be attached to the Objection. (iv2) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Any Settlement Class Member must also provide who objects may appear at the name Fairness Hearing, either in person or through an attorney hired at the Settlement Class Member’s own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Settlement Class Member or his or her attorney intending to make an appearance at the Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and telephone number (b) serve a copy of his/her counsel. 9.3 such notice of appearance on all counsel for all Parties. Any Settlement Class Member who fails to timely submit an Objection Notice comply with the provisions of this Section 12.02 shall waive and forfeit any and all rights to appear separately and/ or appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement object, and shall be foreclosed form seeking any review of the Settlement or bound by all the terms of this Settlement, and by all proceedings, orders, and judgments in the Agreement by appeal or other meanslitigation. 13.01. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no No later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one fourteen (2114) calendar days prior to the Final Approval Hearing to inform Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 13.02. If the Settlement Administrator regarding his is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing: (a) The Parties shall both request, individually or her final choice. Any Settlement collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit E, with Class Members who attempt Counsel filing a memorandum of points and authorities in support of the motion; and, (b) Counsel for the Class and Defendants may file a memorandum addressing any objections submitted to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionthe Settlement.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice CLASS MEMBERS and persons purporting to act on behalf of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members CLASS MEMBERS who wish to object to the Agreement fairness, reasonableness, or adequacy of the SETTLEMENT or this AGREEMENT or to send their Objection Notices any request for a FEE AND EXPENSE AWARD or an INCENTIVE AWARD shall submit a written notice of objection in accordance with the following procedures: (A) CLASS MEMBERS who wish to object must serve on CLASS COUNSEL, listed in Paragraph E of the definitions in this AGREEMENT, any written statement of objection and any such written statement of objection must be postmarked on or before the OBJECTION/EXCLUSION DEADLINE. CLASS COUNSEL shall serve on LIFELOCK’s COUNSEL and file with the COURT, within three (3) days of receipt, any written objections to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection NoticesSETTLEMENT received. 9.2 Any Settlement Class Member who submits an Objection Notice (B) To be valid, a CLASS MEMBER’s written statement of objection must include in any such Noticeprovide the following information: (i) his/her full namethe name and case number of the ACTION, address“▇▇▇▇▇▇▇ v. LifeLock, telephone numberInc., and eSanta ▇▇▇▇▇ Superior Court Case No. 1-mail address15-CV-276235; (ii) the case CLASS MEMBER’s full name and number of the Actioncurrent address; (iii) a statement of the reason position(s) and objection(s) asserted, including the factual and legal grounds for the objection each position and objection; and (iv) the objector’s signature or the signature copies of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name any documents supporting each position and telephone number of his/her counselobjection asserted. 9.3 (C) Any Settlement Class Member CLASS MEMBER who fails to properly and timely submit an Objection Notice or appear at a written objection prior to the Final Approval Hearing shall OBJECTION/EXCLUSION DEADLINE, along with the required information and documentation set forth above in Paragraph 33(B), will not be permitted heard during the FINAL APPROVAL HEARING, and the CLASS MEMBER’s objection(s) shall be waived and will not be considered by the COURT. (D) Any CLASS MEMBER who submits a written objection in accordance with this AGREEMENT shall be entitled to object to the approval all of the Settlement benefits of the SETTLEMENT and this AGREEMENT including his or her pro rata distribution of the NET SETTLEMENT AMOUNT and shall be foreclosed form seeking any review of the Settlement or the bound by all terms of the Agreement SETTLEMENT and the FINAL APPROVAL ORDER and JUDGMENT if the SETTLEMENT is finally approved by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection DeadlineCOURT. 9.4 Settlement Class Members cannot both object (E) The agreed-upon procedures and requirements for filing objections in connection with the FINAL APPROVAL HEARING are intended to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give ensure the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed efficient administration of justice in accordance with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectioneach CLASS MEMBER’s due process rights.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 9.1 Each Settlement Any Class Member who does has not file submitted a timely Request for Exclusion may send a notice of intent opt-out form and who wishes to object to the fairness, reasonableness, or adequacy of the Settlement must both file a written objection with the Court by the Objection Deadline and send that written objection to BANA’s counsel and to Class Counsel at the addresses listed below. To be valid and considered by the Court, an objection must (i) be postmarked on or before the Objection Deadline; (ii) state each objection the Class Member is raising and the specific legal and factual bases for each objection; (iii) include proof that the individual is a member of the Settlement Class; (iv) identify, with specificity, each instance in which the Class Member or his or her counsel has objected to a class action settlement in the past five (5) years, including the caption of each case in which the objector has made such objection, and a copy of any orders or opinions related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case; (v) the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or fee application; (vi) any and all agreements that relate to the objection or the process of objecting – whether written or verbal – between objector or objector’s counsel and any other person or entity; and (vii) be personally signed by the Class Member. All evidence and legal support a Class Member wishes to use to support an objection must be filed with the Court and sent to the Parties by the Objection Notice”) or Deadline. Plaintiffs and BANA may file responses to any objections that are submitted. Any Class Member who timely files and serves an objection in accordance with this section may appear at the Final Approval Hearing to state Hearing, either in person or through an objection. The Class Notice shall instruct Settlement Class Members who wish to object to attorney, if the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) hisfiles a notice indicating that he/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized she wishes to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to with the approval Clerk of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked Court no later than twenty (20) calendar days before the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this AgreementFinal Approval Hearing. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement A Class Member shall have until twenty- one (21) days prior who wishes to appear at the Final Approval Hearing must also send a copy of the notice indicating that he/she wishes to inform appear to BANA’s counsel and to Class Counsel twenty (20) calendar days before the Settlement Administrator regarding his Final Approval Hearing. Failure to adhere to the requirements of this section will bar a Class Member from being heard at the Final Approval Hearing, either individually or her final choicethrough an attorney, unless the Court otherwise orders. Any Settlement Class Members who attempt The Parties shall have the right to both object to take discovery, including via subpoenas duces tecum and exclude themselves depositions, from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionany objector.

Appears in 1 contract

Sources: Settlement and Release Agreement

Objections. 9.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. i. The Class Notice shall instruct Settlement Class Members state that SCMs who wish to object to the Settlement Agreement to send their Objection Notices must mail to the Settlement Administrator a written statement of objection (“Notice of Objection”) by the Response Deadline. The postmark date of the mailing shall be deemed the exclusive means for determining that a Notice of Objection was served timely. ii. SCMs who submit a timely Notice of Objection will have a right to appear at the Final Approval/Settlement Agreement Fairness Hearing in order to have their objections heard by the Court. The Notice of Objection must be signed by the SCM and state the case name and number, the name and address of the SCM, the last four digits of the SCM’s Social Security number and/or Employee ID number, the basis for the objection, and if the SCM intends to appear at the Final Approval/Settlement Agreement Fairness Hearing. iii. At no time shall any of the Parties or appear their counsel seek to solicit or otherwise encourage SCMs to object to the at Settlement Agreement or appeal from the Order and Final Judgment. iv. Class Members who submit a written Request for Exclusion are not entitled to object to the Settlement Agreement. v. The Settlement Administrator shall send all objections to Class Counsel and Defense Counsel. Class Counsel will be responsible for filing the Notices of Objection with the Court in advance of the Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members Plaintiff and/or Defendants may file oppositions to Notices of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one nine (219) court days prior to the date of the Final Approval Hearing Approval/Settlement Agreement Fairness Hearing. vi. Defendants shall not be responsible for the fees, costs, or expenses incurred by Plaintiff, Class Counsel, or SCMs arising from or related to inform any objection to the Settlement Administrator regarding his Agreement or her final choice. Any Settlement Class Members who attempt related to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionany appeals thereof.

Appears in 1 contract

Sources: Joint Stipulation of Class Action and Paga Settlement Agreement

Objections. 9.1 Each (1) A Participating Class Member can choose to object to this Settlement Agreement solely to the extent that this Settlement Agreement pertains to such individual’s rights under the Settlement Agreement. (2) A Participating Class Member who does not file a timely Request for Exclusion may send a notice of intent wishes to so object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include do so in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other meanswriting. To be timely submittedconsidered, an Objection Notice a written objection must be electronically submitted or postmarked mailed to the Administrator via First-Class United States Mail and be received by the Administrator no later than the Objection applicable Notice Response Deadline. The written objection must be signed and must include the words, “I object to the Settlement proposed in the ▇▇▇▇▇▇▇▇ v. Cablevision litigation as it relates to my rights under the Settlement Agreement,” as well as all of the reasons for the objection. Any reasons not included in the written objection shall not be considered. The written objection must also include the name (and former names, if any), and current address for the Participating Class Member making the objection. The Administrator shall stamp and serve within one (1) business day of receipt, copies of each objection to Counsel as set forth in Section 2.7.B(4). Class Counsel shall file the date-stamped objections with the Court as part of Plaintiffs’ Final Approval Motion. 9.4 Settlement (3) A Participating Class Members cannot both object Member who has submitted timely objections has the right to and exclude themselves from this Agreementappear at the Fairness Hearing either in person or through counsel hired at his/her expense. The Settlement Administrator shall attempt to contact any Settlement No Participating Class Members who submit both a request for exclusion and Member may present or support an objection at least one time by email orthe Fairness Hearing unless he or she has filed a timely, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give valid objection that complies with all procedures provided in this section and the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objectionprevious section. The Settlement No Participating Class Member shall have until twenty- one (21) days prior to may present or support an objection at the Final Approval Fairness Hearing to inform the Settlement Administrator regarding based on a reason not stated in his or her final choice. Any written objections. (4) An Other Class Member who has submitted an Opt-Out Statement pursuant to Section 2.7.B of the Settlement Class Members who attempt Agreement may not submit objections to both object the Settlement Agreement. (5) The Parties may file with the Court written responses to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionany filed objections no later than three (3) days before the Fairness Hearing.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an has not submitted a timely written exclusion request pursuant to Sections 3.2 and 3.9 of this Agreement and who wishes to object to the fairness, reasonableness, or adequacy of the Settlement contemplated in this Agreement, may elect to object to this Agreement by delivering via U.S. Mail, FedEx, or UPS a timely written objection to the Court, Settlement Class Counsel, and Defendants’ Counsel, consistent with the Objection Deadline set forth in Section 3.2. (a) To be timely, a written objection to the Settlement contemplated in this Agreement must be submitted no later than the Objection Deadline. The submission date is deemed to be the date the objection is deposited in the U.S. Mail, FedEx, or UPS as evidenced by the postmark. It shall be the objector’s responsibility to ensure receipt of any objection by the Court, Class Counsel, Defendants’ Counsel, and the Settlement Administrator at the addresses listed in the Full Class Notice (see Exhibit C and section 5.23) posted by the Settlement Administrator on the Settlement Website. The Court shall not accept untimely objections. (b) Any written objection to the Settlement contemplated in this Agreement must include in any such Noticebe made individually (no group or class objections will be accepted) and must contain: (i1) his/her the name and case number of the ▇▇▇▇▇▇▇▇▇▇▇ Action; (2) the Settlement Class Member’s full name, address, telephone number, and e-mail addressClass Member ID; (ii3) the case name and number words “Notice of the ActionObjection” or “Formal Objection”; (iii4) in clear and concise terms, all legal and factual arguments supporting the reason for objection, including supporting documentation; (5) facts supporting the objection and (iv) the objectorperson’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting status as a Settlement Class Member must also provide (e.g., either any unique identifier included by the name Settlement Administrator in his/her notice, or the date and telephone number location of his/her counsel. 9.3 Any relevant purchases, including supporting documentation); (6) the Settlement Class Member who fails to timely submit an Objection Notice or appear at Member’s signature and the Final Approval Hearing shall not be permitted to object date; and (7) the following language immediately above the Settlement Class Member’s signature and date: “I declare under penalty of perjury under the laws of the United States of America that the foregoing statements regarding Class Membership are true and correct to the approval best of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadlinemy knowledge. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice make objections in this manner will be deemed to have excluded themselves waived any objections and will be considered foreclosed from making any objections (whether by a subsequent objection, intervention, appeal, or any other process) to this Agreement. Arguments not raised in the written objections shall be deemed intentionally waived. (c) Settlement Class Members have forfeited their objection.the option, but not the obligation, to appear at the Fairness Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to object to this Settlement Agreement. However, Settlement Class Members (with or without counsel) intending to make an appearance at the Fairness Hearing must so inform the Parties and the Court on or before the Objection Deadline by providing a “Notice of Intention to Appear” to the Court, Class Counsel, and Defendants’ Counsel. Furthermore, no objector shall be permitted to argue any grounds for objection that are not clearly and timely stated

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 9.1 Each 25. A Settlement Class Member who does did not file a timely Request for Exclusion Opt Out Form may send a notice of intent intention to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Short Form Preapproval Notice and the Long Form Preapproval Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices, as the case may be. 9.2 26. Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection objection; (iv) confirmation as to whether they intend to be heard at the Final Approval Hearing; and (ivv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 27. Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other meansSettlement. 28. To be timely submitted, an Objection Notice must be submitted to Class Counsel or the Settlement Administrator, electronically submitted or postmarked no later than the Objection Deadline. 9.4 29. Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to and opt out of the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choiceAction. Any Settlement Class Members who attempt to both object to the Settlement and exclude themselves from this Agreement and fail to follow up regarding their final choice opt out of the Action will be deemed to have excluded themselves opted out of the Action and will not be considered entitled to have forfeited their objectionraise an objection to the Settlement.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent Members shall be permitted to object to the settlement (Settlement, provided that they comply with the requirements for filing an “Objection objection as set forth in the Preliminary Approval Order and the Class Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise the Settlement Class Members of their rights to object to the Objection Settlement Agreement. Objections to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court at the Final Approval Hearing if and only if, on or before the Objection/Exclusion Deadline approved by the Court and specified in the Class Notice, the Person making an objection files notice of his or her intention to do so and at the same time (a) files copies of such papers he or she proposes to submit Objection Notices. 9.2 at the Final Approval Hearing with the Clerk of the Court and (b) sends copies of such papers via mail, hand delivery, or overnight delivery service to both Class Counsel and ▇▇▇▇▇▇’s Counsel. Any Settlement Class Member who submits an Objection Notice intends to object to this Settlement Agreement must include in any such Noticeinclude: (i) his/his or her full name, address, telephone number, address and e-mail addressemail; (ii) the case name and number of the Action; (iii) the reason all grounds for the objection along with factual and legal support, including without waiver documentation or evidencing purportedly proving the same, for the stated objection; and the identity of any other class action cases to which the Person objected in the previous four (iv4) the objector’s signature or the signature of someone authorized to sign on the objector’s behalfyears. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/his or her counsel. 9.3 Any . If a Settlement Class Member hires an attorney in connection with making an objection, that attorney must also file with the Court a notice of appearance by the objection deadline. Although an objector’s attendance at the Final Approval Hearing is not mandatory, an objector who fails intends to timely submit an Objection Notice attend the Final Approval Hearing must indicate in his or her written objection his or her intention to appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement on his or the terms of the Agreement by appeal her own behalf or other meansthrough counsel. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact For any Settlement Class Members Member who submit both timely files a request for exclusion written objection and who indicates an objection intention to appear at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding on his or her final choice. Any own behalf or through counsel, such Settlement Class Members who attempt Member must also include in his or her written objection the identity of any witnesses he or she may call to both object testify, and all exhibits he or she intends to and exclude themselves from this Agreement and fail to follow up regarding their final choice will introduce into evidence at the Final Approval Hearing, which shall also be deemed to have excluded themselves and will be considered to have forfeited their objectionattached.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 9.1 Each Settlement Any Class Member who does has not file submitted a timely Request for Exclusion may send a notice written exclusion request pursuant to Section 2.3.8 of intent this Settlement Agreement and who wishes to object to the settlement (an “Objection Notice”) fairness, reasonableness, or may appear at adequacy of the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object Agreement or the proposed Settlement, must deliver written objections to the Agreement to send their Objection Notices to the Settlement Claims Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of no later than the Objection Deadline to submit Objection Noticesor Exclusion Response Deadline. 9.2 a) The delivery date is deemed to be the date the objection is deposited in the U.S. Mail as evidenced by the postmark. It shall be the objector’s responsibility to ensure receipt of any objection by the Claims Administrator. b) Any Settlement Class Member who submits an Objection Notice written objections must include in any such Noticecontain: (i) his/her full name, address, telephone number, and e-mail address; (ii1) the case name and case number of the Action; (iii2) the reason for the objection Class Member’s full name, address, and telephone number; (iv3) the objector’s signature words “Notice of Objection” or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel“Formal Objection”; (4) in clear and concise terms, the objecting Settlement legal and factual arguments supporting the objection; (5) facts supporting the person’s status as a Class Member must also provide (e.g., the name verification code received from an Email Notice or Mail Notice, or alternatively, the date and telephone number location of his/her counselrelevant purchases and description of item(s) purchased); and (6) the Class Member’s signature and the date. 9.3 c) Any Settlement Class Member who fails submits a written objection, as described in this section, has the option to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted Fairness Hearing, either in person or through personal counsel hired at the Class Member’s expense, to object to the approval fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of attorneys’ fees. However, Class Members (with or without their attorneys) intending to make an appearance at the Fairness Hearing must include with their timely and shall be foreclosed form seeking any review valid objection a statement substantially similar to “Notice of Intention to Appear.” If an objecting Class Member intends to speak at the Fairness Hearing in support of the Settlement objection, the Class Member’s objection must state this intention. If the objecting Class Member intends to appear at the Fairness Hearing through counsel, he or she must also identify the terms of attorney(s) representing the Agreement by appeal or other meansobjector who will appear at the Fairness Hearing and include the attorney(s) name, address, phone number, e-mail address, and the state bar(s) to which counsel is admitted. To be timely submittedIf the objecting Class Member intends to request the Court to allow the Class Member to call witnesses at the Fairness Hearing, an Objection Notice such request must be electronically submitted or postmarked no later than made in the Objection Deadline. 9.4 Settlement Class Members cannot both object to Member’s written objection, which must also contain a list of any such witnesses and exclude themselves from this Agreementa summary of each witness’s expected testimony. The Settlement Administrator shall attempt to contact any Settlement Only Class Members who submit both timely objections including Notices of Intention to Appear may speak at the Fairness Hearing. If a request for exclusion and Class Member makes an objection at least one time by email orthrough an attorney, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding will be responsible for his or her final choice. Any Settlement Class Members who attempt to both object to personal attorney’s fees and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectioncosts.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Any Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent intends to object to the fairness of this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for loanDepot at the addresses set forth in the Section 18.16 herein. Any Settlement Class Member may object to, among other things, (an “Objection Notice”a) the proposed settlement, (b) entry of the Final Approval Order and the judgment A. In the written objection, the Settlement Class Member must state his or her full name, current address, telephone number, the reasons for his or her objection, the name and number of the Action (e.g., ▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ v. ▇▇▇▇▇▇▇▇▇.▇▇▇, LLC, Case No. CGC-23-60514 ), whether he or she intends to appear at the Final Approval Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to such written objection, and if the Settlement Class Member intends to call witnesses at the Final Approval Hearing, those witnesses must be identified name, address, and telephone number in the written objection. Objections must be physically signed by the person objecting but need not be notarized. B. Any Settlement Class Member who has timely filed a valid written objection, as provided for above, may appear at the Final Approval Hearing to state Hearing, either on his or her own behalf or through an objection. The Class Notice shall instruct Settlement Class Members who wish attorney hired at own expense, to object to the Agreement fairness, reasonableness, or adequacy of this Agreement, the settlement, entry of the Final Approval Order for incentive payments. If the attorney of a Settlement Class Member intends to send their Objection Notices to make an appearance at the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that , such attorney must: (a) file a notice of appearance with the Court can only approve no later than ten (10) days prior to the Final Approval Hearing, or deny as the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail addressCourt may otherwise direct; (ii) the case name and number of the Action; (iii) the reason for the objection and (ivb) the objector’s signature or the signature serve a copy of someone authorized to sign such notice of appearance on the objector’s behalfall counsel for all Parties. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or comply with the provisions of this Section 11.02 shall waive and forfeit any and all rights to appear separately (including at the Final Approval Hearing shall not be permitted Hearing) and/or to object to the approval of the Settlement object, and shall be foreclosed form seeking any review of the Settlement or bound by all the terms of this settlement, and by all proceedings, orders, and judgments in the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadlinelitigation. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objection.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 8.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator by mail, email or via upload to Settlement Website, or appear the at Final Approval Hearing. The Class Long Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 8.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection objection; and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 8.3 Any Settlement Class Member who fails to timely submit to the Settlement Administrator an Objection Notice by mail, email or via the Settlement Website or appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement Agreement and shall be foreclosed form from seeking any review of the Settlement Agreement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically postmarked, emailed or submitted or postmarked online no later than the Objection Deadline. 9.4 8.4 If the date for the Final Approval Hearing is changed, the Settlement Administrator will post the new hearing date on the Settlement Website and will provide notice of the new hearing date to Settlement Class Members who submitted timely objections to the Settlement. 8.5 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one fourteen (2114) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members Member who attempt attempts to both object to and exclude themselves from this Agreement and fail fails to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objection.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Any Class Members objecting to the Settlement must file written objections, along with any supporting documents, with the Court and mail same to Class Counsel and Defendants’ Counsel within forty-five (45) days after the Settlement Administrator mails the Initial Mailing. The written objection must set forth, in clear and concise terms, the legal and factual arguments supporting the objection. Any Class Member who does not file an objection in complete accordance with the deadlines and other requirements set forth herein and in the Class Notice will be deemed to have waived any objections to the Settlement and shall be foreclosed from making any objection, whether by appeal or otherwise, to the Settlement or this Agreement. Class Members who timely submit a timely Request for Exclusion may send written objection have the option to appear at the Final Approval Hearing, either in person or through their own counsel. To appear, Class Members must include a notice of statement about the intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing (“Notice of Intention to state an Appear”) in the objection. No Class Member shall be entitled to be heard at the Final Approval Hearing unless the Class Member includes the Notice of Intention to Appear, absent permission of the Court. The Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that the objecting Class Notice shall instruct Settlement Class Members who wish to object Member will present to the Agreement to send their Objection Notices to Court in connection with the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that Representatives and Defendants are permitted to respond in writing to objections no later than five (5) days before the Court can only approve or deny the Agreement and cannot change the termsFinal Approval Hearing. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in Representatives waive any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted right to object to the approval Settlement, and they endorse the Settlement as fair, reasonable, and adequate and in the best interests of the Settlement Class. Objections can only be made by persons who are valid Class Members and shall be foreclosed form seeking any review have not opted out. If a Class Member wants to object to the Settlement, but wishes to receive their share of the Settlement or payments in the terms of event the Agreement by appeal or other meansSettlement is approved, the Class Member must have filed a Valid Claim. To be timely submittedIf the Court approves the Settlement despite any objections, an Objection Notice must be electronically and the Class Member has not submitted or postmarked no later than a Valid Claim, the Objection Deadline. 9.4 Settlement Class Members canMember will not both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact receive any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves payment and will be considered to have forfeited their objectionreleased the California Released Claims as provided herein.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each The Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement provide that State Class Members who wish to object to the Agreement to send their Objection Notices Settlement must, on or before the Notice Deadline, file with the court a written statement objecting to the Settlement. Such objection shall not be valid unless it includes the information specified in the Settlement Administrator or appear the at Final Approval HearingNotice. The Class Notice shall make clear that statement must be signed personally by the Court can only approve or deny the Agreement objector, and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full the objector’s name, address, telephone number, email address (if applicable), the factual and e-mail address; (ii) legal grounds for the case name objection, and number whether the objector intends to appear at the Final Approval Hearing. The Settlement Notice shall advise State Class Members that objections shall only be considered if the State Class Member has not opted out of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalfSettlement. If represented by counsel, the objecting Settlement No State Class Member must also provide shall be entitled to be heard at the name and telephone number Final Approval Hearing (whether individually or through counsel), unless written notice of his/her counsel. 9.3 Any Settlement the State Class Member who fails Member’s intention to timely submit an Objection Notice or appear at the Final Approval Hearing has been filed with the Court and served upon Class Counsel and Defendants’ Counsel on or before the Notice Deadline and the State Class Member has not opted out of the Settlement. The postmark date of mailing to Class Counsel and Defendants’ Counsel shall not be permitted the exclusive means for determining that an objection is timely mailed to counsel. If postmark dates differ, the later of the two postmark dates will control. Absent good cause found by the court, persons who fail to make timely written objections in the manner specified above shall be deemed to have waived any objections and oppositions to the Settlement’s fairness, reasonableness and adequacy, and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. However, the requirement that the State Class Member submit a written objection may be excused by the Court upon a showing of good cause. None of the Parties, their counsel, nor any person on their behalf, shall seek to solicit or otherwise encourage anyone to object to the approval settlement, or appeal from any order of the Settlement and shall be foreclosed form seeking any review of the Settlement or Court that is consistent with the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadlinethis Settlement. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objection.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 9.1 Each Any Settlement Class Member member who does not file a timely Request for Exclusion may send a notice of intent intends to object to the fairness of the settlement (an “must file a timely written Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that with the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of by the Objection Deadline to submit Objection Notices.at his or her own expense, with a copy served on the Settlement Administrator, Class Counsel, and Cruise Defendants’ Counsel at the addresses provided in the Class Notice, which written objection must contain the following: 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her a. the full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign the objecting Class Member and a statement under penalty of perjury that the Settlement Class Member is a member of the class and that the telephone number identified in the objection by the Settlement Class Member is the one(s) on which he/she received a call; b. state whether the Objection is made on the objectorSettlement Class Member’s behalf. If represented by counselbehalf only or on behalf of other class members; c. identify any lawyer that was consulted as to such objection or this Action; d. the specific reasons for the objecting Settlement Class Member’s objection to the Settlement, and a detailed statement of the legal basis for such Objections; e. the identity of all witnesses, including the witnesses’ name and address, and a summary of such witnesses’ proposed testimony who the objecting Settlement Class Member must also provide may call to testify at the name Final Approval Hearing, f. produce and telephone number attach to the Objection copies of all evidence such objecting Settlement Class Member may offer at the Final Approval Hearing; and g. a statement whether the objecting Settlement Class Member and/or his/her counsel. 9.3 attorney(s) intend to appear at the Final Approval Hearing. Any attorney of an objecting Settlement Class Member who fails intends to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to must enter a written Notice of Appearance of Counsel with the approval Clerk of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked Court no later than the Objection Deadlinedate set by the Court in its Preliminary Approval Order and shall include the full caption and case number of each previous class action case in which such counsel has represented an objector. 9.4 Settlement Class Members cannot both object h. The Parties shall have the right to and exclude themselves depose or seek discovery from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The objecting Settlement Class Member shall have until twenty- one (21) days prior to assess whether the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionobjector has standing.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 9.1 Each Settlement The Notice shall explain that the procedure for Class Member who does not file a timely Request for Exclusion may send a notice of intent Members to object to the settlement Settlement is by submitting written objections to the Settlement Administratorand Settlement Class Counsel no later than sixty (an 60) days after the Notice Date (the “Objection NoticeDeadline) ). Plaintiff will file all objections with the Court in connection with the filing of her Motion for Final Approval. Any Class Member may enter an appearance in the Action, at their own expense, individually or may 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 to state an objection. The Class Notice shall instruct and show cause, if any, for why the Settlement Class Members who wish to object should not be approved as fair, reasonable, and adequate to the Agreement 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 submitted in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to send their Objection Notices consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must All objections must be submitted to the Settlement Administrator and Class Counsel.. All objections must be postmarked on or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of before the Objection Deadline to submit Objection Notices. 9.2 Deadline, as set forth above. Any Settlement Class Member who submits an Objection Notice must include does not make their objections in any such Notice: (i) his/her full name, address, telephone number, the manner and e-mail address; (ii) by the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing date set forth in this paragraph shall not be permitted to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves waived any objections and will shall be considered 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 have forfeited their objectionthe 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

Sources: Class Action Settlement Agreement

Objections. 9.1 Each The Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct provide that Settlement Class Members who wish to object to the Agreement to send their Objection Notices Settlement must, on or before the Notice Deadline, email to the Settlement Administrator or appear a written statement objecting to the at Final Approval HearingSettlement. Such objection shall not be valid unless it includes the information specified in the Settlement Notice. The Settlement Administrator will provide Class Notice shall make clear that the Court can only approve or deny the Agreement Counsel and cannot change the termsDefendant’s Counsel with a copy of any objections it receives within five days of receipt of such objections. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice statement must include in any such Notice: (i) his/her full the objectors personal signature and must include the objector’s name, address, telephone number, email address (if applicable), the factual and e-mail address; (ii) the case name and number of the Action; (iii) the reason legal grounds for the objection objection, and (iv) whether the objector’s signature or objector intends to appear at the signature of someone authorized to sign on the objector’s behalfFinal Approval Hearing. If represented No objections can be made by counsel, the objecting third party claim filers. The Settlement Notice shall advise Settlement Class Members that objections shall only be considered ifthe Settlement Class Member must also provide has not opted out of the name and telephone number of his/her counsel. 9.3 Any Settlement. No Settlement Class Member who fails shall be entitled to timely submit an Objection Notice be heard at the Final Approval Hearing (whether individually or through counsel), unless written notice of the Settlement Class Member’s intention to appear at the Final Approval Hearing has been filed with the Court and served upon Class Counsel and Defendant’s Counsel on or before the Notice Deadline, and the Settlement Class Member has not opted out of the Settlement. The emailed date of mailing to Class Counsel and Defendant’s Counsel shall not be permitted the exclusive means for determining that an objection is timely. Persons who fail to object submit timely written objections in the manner specified above shall be deemed to have waived any objections and oppositions to the approval of the Settlement Settlement’s fairness, reasonableness and adequacy, and they shall be foreclosed form seeking from making any review objection (whether by appeal or otherwise) to the Settlement. Class Counsel and Plaintiff hereby acknowledge and affirm they are not aware of any individual(s) who will opt out of the Settlement or object to the Settlement. Neither Plaintiff nor Class Counsel (nor any person on either oftheir behalf), shall seek to solicit or otherwise encourage anyone to opt-out of or object to the Settlement, or appeal from any order of the Court that is consistent with the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is availableSettlement, or by regular U.S. mail to give discourage participation in the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionclaims process.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Settlement 10.1. Any Class Member who does not file submit a valid and timely Request for Exclusion may send a notice object to the fairness, reasonableness, or adequacy of intent this Agreement. Class Members may not seek to exclude themselves from the Class and submit an objection to this Agreement. 10.2. No later than 21 days before the Final Approval Hearing, any Class Member who wishes to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the any aspect of this Agreement to must send their Objection Notices to the Settlement Administrator or appear Administrator, Class Counsel, and TikTok’s counsel, and file with the at Final Approval HearingCourt, a written statement of the objection(s). The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members written statement of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice objection(s) must include in any such Notice: (i) a detailed statement of the Class Member’s objection(s), as well as the specific reasons, if any, for each objection, including any evidence and legal authority the Class Member wishes to bring to the Court’s attention and any evidence the Class Member wishes to introduce in support of his/her full name, address, telephone number, and e-mail addressobjection(s); (ii) the case name Class Member’s full name, address and number of the Actiontelephone number; and (iii) information demonstrating that the reason for Class Member is entitled to be included as a member of the Class. 10.3. Class Members may raise an objection either on their own or through an attorney hired at their own expense. If a Class Member hires an attorney other than Class Counsel to represent him or her, the attorney must (i) file a notice of appearance with the Court no later than 21 days before the Final Approval Hearing or as the Court otherwise may direct, and (ivii) deliver a copy of the objectornotice of appearance on Class Counsel and TikTok’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, no later than 21 days before the objecting Settlement Final Approval Hearing. Class Member Members, or their attorneys, intending to make an appearance at any hearing relating to this Agreement, including the Final Approval Hearing, must also provide deliver to Class Counsel and TikTok’s counsel, and file with the name and telephone number Court, no later than 21 days before the date of his/her counselthe hearing at which they plan to appear, or as the Court otherwise may direct, a notice of their intention to appear at that hearing. 9.3 10.4. Any Settlement Class Member who fails to timely submit an Objection Notice or appear at comply with the Final Approval Hearing shall not be permitted to object to the approval provisions of the Settlement preceding subsections shall waive and forfeit any and all rights he or she may have to appear separately and/or object, and shall be foreclosed form seeking any review of the Settlement or bound by all the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves by all proceedings, orders, and will be considered to have forfeited their objectionjudgments in the Civil Actions.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Settlement The Notice shall explain that the procedure for Class Member who does not file a timely Request for Exclusion may send a notice of intent Members to object to the settlement Settlement is by submitting written objections to the Court no later than sixty (an 60) days after the Notice Date (the “Objection NoticeDeadline) ). Any Class Member may enter an appearance in the Action, at their own expense, individually or may 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 to state an objection. The Class Notice shall instruct and show cause, if any, for why the Settlement Class Members who wish to object should not be approved as fair, reasonable, and adequate to the Agreement to send their Objection Notices to Class, why a final judgment should not be entered thereon, why the Settlement Administrator Benefits should not be approved, or appear why the at Final Approval HearingService Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. The No Class Notice shall make clear that 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 can only approve or deny to consider, within sixty (60) days following the Agreement Notice Date. All written objections and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice supporting papers must include in any such Notice: clearly (ia) his/her full name, address, telephone number, and e-mail address; (ii) identify the case name and number 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 ActionSettlement Class; (iiid) include proof that the reason Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Network 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 (iv) docket number, of all other cases in which the objector and/or the objector’s signature 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 signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide desires the name and telephone number of his/her counsel. 9.3 Any Settlement Court to consider; (k) contain a statement regarding whether the Class Member who fails (or counsel of his or her choosing) intends to timely submit an Objection Notice or appear at the Final Approval Hearing shall not Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be permitted to object submitted to the approval Court either by mailing them to the Clerk’s Office, Office of the Settlement and shall be foreclosed form seeking any review Westchester County Clerk, Legal Division, ▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇. Blvd. White Plains, NY 10601, or by filing them in person at the Supreme Court of the Settlement or the terms State of the Agreement by appeal or other means. To be timely submittedNew York, an Objection Notice Westchester County, and a copy of all objections must be electronically submitted served upon Class Counsel identified below. All objections must be filed or postmarked no later than on or before the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement, as set forth above. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves waived any objections and will shall be considered 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 have forfeited their objectionthe 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

Sources: Class Action Settlement Agreement

Objections. 9.1 Each 21 17. Any Settlement Class Member who does not file a timely Request request for Exclusion may send a notice of intent exclusion, 22 but who wishes to object to approval of the settlement (an proposed Settlement, to the award of attorneys’ fees 23 and costs, or to the service awards to the Class Representatives must mail to the Class Action 24 Clerk or file with the Court a written statement that includes: a caption or title that identifies it as 25 “Objection Notice”) to Class Settlement in Sheikh, et al. v. Tesla, Inc., Case No. 5:17-CV-02193-BLF;” the 26 Settlement Class Member’s name, address, and telephone number; all grounds for the objection, 27 with any factual and legal support for each stated ground; the identity of any witnesses he or she 28 may call to testify; copies of any exhibits that he or she intends to introduce into evidence at the 3 to the Settlement, to the award of attorneys’ fees and costs, or to the service awards to the Class 4 Representatives only if such objections and any supporting papers are postmarked or filed on or 5 before [date 45 days following the Notice Date]. 6 18. A Settlement Class Member who has timely filed a written objection stating the 7 Class Member’s intention to appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to as set forth above may appear 8 at the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve Hearing in person or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline through counsel to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/be heard orally regarding his or her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the 10 objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice or appear at the Final Approval Hearing shall not Hearing. No Settlement Class Member wishing to be permitted to object 11 heard orally in opposition to the approval of the Settlement and/or the request for attorneys’ fees 12 and costs and/or the request for service awards to the Class Representatives will be heard unless 13 that Settlement Class Member has filed a timely written objection as set forth above, including a 14 statement that the Settlement Class Member intends to appear at the Final Approval Hearing. No 15 non-party, including members of the Settlement Class who have timely opted out of the 16 Settlement, will be heard at the Final Approval Hearing. 17 19. Any member of the Settlement Class who does not make an objection to the 18 Settlement in the manner provided herein shall be foreclosed form deemed to have waived and forfeited any and 19 all rights he or she may have to object, appear, present witness testimony, and/or submit 20 evidence; shall be barred from appearing, speaking, or introducing any testimony or evidence at 21 the Final Approval Hearing; shall be precluded from seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objection.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct contain information about how a person in the Settlement Class Members who wish does not properly and timely submit a Request for Exclusion pursuant to this Settlement Agreement, may object to the Agreement to send their Objection Notices to Settlement by filing a written objection with the Court by the Objection/Exclusion Deadline, with a copy served on the Settlement Administrator or appear Administrator, at the at Final Approval Hearing. The address provided in the Class Notice shall make clear that Notice, which written objection must contain the Court can only approve or deny following: a. the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) personal signature of the case objecting Settlement Class Member; b. the specific reasons for the objecting Settlement Class Member’s objection to the Settlement, and a detailed statement of the factual and legal basis for such objections; c. the identity of all witnesses, including the witness’s name and number address, and a summary of the Action; (iii) the reason for the objection and (iv) the objectorsuch witness’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counselproposed testimony, who the objecting Settlement Class Member must also provide may call to testify at the Final Approval Hearing, and describe and produce copies of all evidence such objecting Settlement Class Member may offer at the Final Approval Hearing; d. a statement identifying the number of class action settlements objected to by the Settlement Class Member in the last three years, and listing those cases by case name and telephone number of number; and e. a statement whether the objecting Settlement Class Member and/or his/her counsel. 9.3 her/its attorney(s) intend to appear at the Final Approval Hearing. Any attorney of an objecting Settlement Class Member who fails intends to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to must enter a written Notice of Appearance of Counsel with the approval Clerk of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked Court no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to date set by the Court in its Preliminary Approval Order and exclude themselves from this Agreementshall include the full caption and case number of each previous class action case in which such counsel has represented an objector. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give If the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The objecting Settlement Class Member shall have until twenty- one (21) days prior is represented by counsel and such counsel intends to speak at the Final Approval Hearing to inform Hearing, the Settlement Administrator regarding his or her final choice. Any written objection must include a detailed statement of the specific legal and factual basis for each and every objection and a detailed description of any and all evidence the objecting Settlement Class Members who attempt to both object to Member may offer at the Final Approval Hearing, including copies of any and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionall exhibits that the objecting Settlement Class Member may introduce at the Final Approval Hearing.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 9.1 Each Any Settlement Class Member member who does not file a timely Request for Exclusion may send a notice of intent intends to object to the fairness of the settlement (an “must file a timely written Objection Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that with the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of by the Objection Deadline to submit Objection Notices.at his or her own expense, with a copy served on the Settlement Administrator, Class Counsel, and Cruise Defendants’ Counsel at the addresses provided in the Class Notice, which written objection must contain the following: 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her a. the full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign the objecting Class Member and a statement under penalty of perjury that the Settlement Class Member is a member of the class and that the telephone number identified in the objection by the Settlement Class Member is the one(s) on which he/she received a call; b. state whether the Objection is made on the objectorSettlement Class Member’s behalf. If represented by counselbehalf only or on behalf of other class members; c. identify any lawyer that was consulted as to such objection or this Action; d. the specific reasons for the objecting Settlement Class Member’s objection to the Settlement, and a detailed statement of the legal basis for such Objections; e. the identity of all witnesses, including the witnesses’ name and address, and ▇ summary of such witnesses’ proposed testimony who the objecting Settlement Class Member must also provide may call to testify at the name Final Approval Hearing, f. produce and telephone number attach to the Objection copies of all evidence such objecting Settlement Class Member may offer at the Final Approval Hearing; and g. a statement whether the objecting Settlement Class Member and/or his/her counsel. 9.3 attorney(s) intend to appear at the Final Approval Hearing. Any attorney of an objecting Settlement Class Member who fails intends to timely submit an Objection Notice or appear at the Final Approval Hearing shall not be permitted to object to must enter a written Notice of Appearance of Counsel with the approval Clerk of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked Court no later than the Objection Deadlinedate set by the Court in its Preliminary Approval Order and shall include the full caption and case number of each previous class action case in which such counsel has represented an objector. 9.4 Settlement Class Members cannot both object h. The Parties shall have the right to and exclude themselves depose or seek discovery from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The objecting Settlement Class Member shall have until twenty- one (21) days prior to assess whether the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionobjector has standing.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 9.1 Each 1. A Settlement Class Member (e.g., a Settlement Class Member who does has not file filed a valid and timely Request for Exclusion may send a notice of intent Exclusion) who wishes to object to the settlement (an “fairness, adequacy, or reasonableness of this Settlement Agreement or the Settlement, or to the requested award of Attorneys’ Fees and Costs, Service Award or Administration Expenses, may submit a written Objection Notice”) by the Objection Deadline or may appear orally object to the Settlement at the Final Approval Hearing to state an objectionHearing. The Class Notice shall instruct A written Objection must be submitted via the online portal on the Settlement Class Members who wish to object Website or mailed to the Agreement to send their Claims Administrator. If mailed, the Objection Notices must be postmarked no later than the Notice Response Deadline specified in the Court’s Preliminary Approval Order. If submitted via the online portal on the Settlement Website, the Objection must be submitted no later than the Notice Response Deadline specified in the Court’s Preliminary Approval Order. To state a valid written Objection to the Settlement Administrator or appear an objecting Settlement Class Member (i.e., an Objector) must provide the at Final Approval Hearing. The Class Notice shall make clear following information in their written Objection: (A) the Objector’s full name, current address, current telephone number, email address (if any); (B) a statement indicating that the Court can only approve or deny Objector was an undergraduate student at UCSC during the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members Period; (C) a statement of the Objection Deadline position(s) the Objector wishes to assert, including the factual grounds for the position; and (D) the Objector’s signature. Additionally, the objector may choose to submit Objection Notices. 9.2 any documents that the objector wishes to be considered in connection with the Objection. Any Settlement Class Member who submits both a Request for Exclusion and an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized will be deemed to sign have requested to be excluded. A Sample Objection Form will be included on the objector’s behalfSettlement Website that will be substantially similar in the form of Exhibit G attached hereto. 2. If represented by counsel, the objecting The Claims Administrator will promptly provide all Objections received to Settlement Class Member must also provide the name Counsel and telephone number of his/her counsel. 9.3 Any Defendant’s Counsel. Settlement Class Member who fails to timely submit an Objection Notice or appear at Counsel shall file the Final Approval Hearing shall not be permitted to object to Objections with the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked Court no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one fourteen (2114) court days prior to the Final Approval Hearing. 3. An Objector may appear, in person or by counsel (at the Objector’s own expense), at the Final Approval Hearing, to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate, or to object to any requests for Attorneys’ Fees and Costs, Administration Expenses, and/or Service Award. The Court retains final authority with respect to consideration and admissibility of Objections. 4. All attorneys for an Objector who desire to present oral argument or evidence in support of the objection shall file a notice of appearance with the Court no later than the Objection Deadline and serve a copy of the notice of appearance on Class Counsel and Defendant’s Counsel. 5. The agreed-upon procedures and requirements for submitting Objections in connection with the Final Approval Hearing are intended to inform ensure the efficient administration of justice and the orderly presentation of any Settlement Administrator regarding his or her final choiceClass Member’s Objection to the Settlement, in accordance with such Settlement Class Member’s due process rights. 6. Any The Preliminary Approval Order and Class Notice will require all Settlement Class Members who attempt have any Objections to both submit a written Objection to the Claims Administrator by the Objection Deadline or orally object at the Final Approval Hearing before Judge ▇▇▇▇▇▇. 7. The Preliminary Approval Order will further provide that, absent good cause found by the Court, Objections that are not timely or are otherwise not compliant may be deemed waived and not be considered by the Court. 8. Settlement Class Counsel will be responsible for addressing all objections. 9. An Objector will be entitled to and exclude themselves from all of the benefits of the Settlement if this Settlement Agreement and fail the terms contained herein are approved, as long as the objecting Settlement Class Member complies with all requirements of this Settlement Agreement applicable to follow up regarding their Settlement Class Members including submitting a Claim Form. 10. The Court retains final choice will be deemed authority with respect to have excluded themselves consideration and will be considered to have forfeited their objectionadmissibility of objections.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each 1. Any Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent intends to object to the settlement fairness of the Settlement must do so in writing no later than the Objection Date. Any objection must be in writing, signed by the Settlement Class Member (an “and his or her attorney, if individually represented), filed with the Court, with a copy delivered to Class Counsel and Defendants’ Counsel at the addresses set forth in the Class Notice, no later than the Objection Notice”Date. The written objection must include: (a) a heading which refers to the Action; (b) the objector’s name, address, telephone number and, if represented by counsel, of his/her counsel; (c) a declaration submitted under penalty of perjury that the objector purchased Covered Products during the period of time described in the Settlement Class definition or receipt(s) reflecting such purchase(s); (d) a statement whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel; (e) a statement of the objection and the grounds supporting the objection; (f) copies of any papers, briefs, or other documents upon which the objection is based; (g) the name and case number of all objections to class action settlements made by the objector in the past five (5) years; and (h) the objector’s signature. 2. Any Settlement Class Member who files and serves a written objection, as described in the preceding Section, may appear at the Final Approval Hearing Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to state an objectionobject to any aspect of the fairness, reasonableness, or adequacy of this Agreement, including Attorneys’ Fees and Expenses. The Class Notice shall instruct Settlement Class Members or their attorneys who wish intend to object make an appearance at the Final Approval Hearing must serve a notice of intention to appear on the Agreement Class Counsel identified in the Class Notice, and to send their Objection Notices to Defendant’s Counsel, and file the Settlement Administrator or appear notice of appearance with the at Court, no later than twenty (20) days before the Final Approval Hearing. The Class Notice shall make clear that , or as the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Noticesmay otherwise direct. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf3. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member who fails to timely submit an Objection Notice comply with the provisions of Section VI.A.1 above shall waive and forfeit any and all rights he or she may have to appear at separately and/or to object, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments, including, but not limited to, the Release, in the Action. Class Counsel shall have the right and Defendants shall reserve their right to respond to any objection no later than seven (7) days before the Final Approval Hearing Hearing. The Party so responding shall not be permitted to object file a copy of the response with the Court, and shall serve a copy, by regular mail, hand or overnight delivery, to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The objecting Settlement Class Member shall have until twenty- one (21) days prior or to the Final Approval Hearing to inform individually-hired attorney for the Settlement Administrator regarding his or her final choice. Any objecting Settlement Class Members who attempt Member; to both object to all class Counsel; and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objectionDefendants’ Counsel.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Settlement The Notice shall inform the Class Member who does not file a timely Request for Exclusion may send a notice Members of intent their right to object to the settlement (an “Objection Notice”) or may appear at the Final Approval Hearing to state an objectionSettlement if they do not submit a valid Opt-Out Request. The Any Participating Class Notice shall instruct Settlement Class Members Member who wish wishes to object to the Agreement Settlement must file and deliver a written objection with the Court and serve copies of the written objection to send their Objection Notices to Class Counsel and Defense Counsel by no later than the Settlement Administrator or appear the at Final Approval HearingOpt-Out Deadline. The Class Notice shall make clear that date of delivery of the Court can only approve or deny written objection is deemed to be the Agreement and cannot change date the termsobjection is deposited in the United States mail, postage prepaid, as evidenced by the postmark. If postmark dates differ, the later of the two postmark dates will control. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice objection must include in any such Notice: (i) his/her full the objector’s name, address, telephone number, email address (if applicable), and e-mail address; (ii) the case name and number number, and must set forth, in clear and concise terms, a statement of the Actionreason(s) why the objector believes that the Court should find that the Settlement is not in the best interest of the Class Members and the reasons why the Settlement should not be approved, including the legal and factual argument(s) supporting the objection. The Notice shall advise Class Members that objections shall only be considered if the Class Member has not submitted an Opt-Out Request; (iii) the reason for the in other words, to file an objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counselvoice an oral objection, the objecting Settlement Class Member must also provide be a Participating Class Member. Notwithstanding the name and telephone number of his/her counsel. 9.3 Any Settlement above, a Class Member who fails may make an oral objection to timely submit an Objection Notice or appear the Settlement by appearing at the Final Approval and Fairness Hearing and providing such an oral objection either in person or through a separate lawyer retained at their own expense. Participating Class Members who fail to make timely written objections in the manner specified above, or who fail to make an oral objection at the Final Approval and Fairness Hearing, shall not be permitted deemed to have waived any objections and oppositions to the Settlement’s fairness, reasonableness, and adequacy, and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. However, the requirement that the Participating Class Member submit a written objection may be excused by the Court in the Court’s discretion. None of the Parties, their counsel, nor any person on their behalf, shall seek to solicit or otherwise encourage anyone to object to the approval Settlement, or appeal from any order of the Settlement and shall be foreclosed form seeking any review of the Settlement or Court that is consistent with the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadlinethis Settlement. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objection.

Appears in 1 contract

Sources: Final Settlement Agreement

Objections. 9.1 Each Settlement Class Member who does not file a timely Request for Exclusion may send a notice of intent Members shall be permitted to object to the settlement (Settlement, provided that they comply with the requirements for filing an “Objection objection as set forth in the Preliminary Approval Order and the Class Notice”) or may appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise the Settlement Class Members of their rights to object to the Objection Settlement Agreement. Objections to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court at the Final Approval Hearing if and only if, on or before the Objection/Exclusion Deadline approved by the Court and specified in the Class Notice, the Person making an objection files notice of his or her intention to do so and at the same time (a) files copies of such papers he or she proposes to submit Objection Notices. 9.2 at the Final Approval Hearing with the Clerk of the Court and (b) sends copies of such papers via mail, hand delivery, or overnight delivery service to both Class Counsel and Compass’s Counsel. Any Settlement Class Member who submits an Objection Notice intends to object to this Settlement Agreement must include in any such Noticeinclude: (i) his/her full name, address, address and email; the telephone number(s) at which he or she claims to have received an automated call (including a call that used an automated or prerecorded voice) made by Defendant; the telephone carrier associated with each such identified telephone number, and e-mail address; (ii) whether each such identified phone number was a cellular phone or a landline number at the case name and number time of the Actioncall(s); (iii) the reason all grounds for the objection along with factual and legal support for the stated objection; and the identity of any other class action cases to which the Person objected in the previous four (iv4) the objector’s signature or the signature of someone authorized to sign on the objector’s behalfyears. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. 9.3 Any Settlement Class Member . Although an objector’s attendance at the Final Approval Hearing is not mandatory, an objector who fails intends to timely submit an Objection Notice or attend the Final Approval Hearing must indicate in his/her written objection his/her intention to appear at the Final Approval Hearing shall not be permitted to object to the approval of the Settlement and shall be foreclosed form seeking any review of the Settlement on his/her own behalf or the terms of the Agreement by appeal or other meansthrough counsel. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact For any Settlement Class Members Member who submit both timely files a request for exclusion written objection and who indicates an objection intention to appear at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his on his/her own behalf or her final choice. Any through counsel, such Settlement Class Members who attempt Member must also include in his/her written objection the identity of any witnesses he/she may call to both object testify, and all exhibits he/she intends to and exclude themselves from this Agreement and fail to follow up regarding their final choice will introduce into evidence at the Final Approval Hearing, which shall also be deemed to have excluded themselves and will be considered to have forfeited their objectionattached.

Appears in 1 contract

Sources: Settlement Agreement

Objections. 9.1 Each Settlement The Notice shall explain that the procedure for Class Member who does not file a timely Request for Exclusion may send a notice of intent Members to object to the settlement Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date. Any Class Member may enter an “Objection Notice”) appearance in the Action, at their own expense, individually or may 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 to state an objection. The Class Notice shall instruct and show cause, if any, for why the Settlement Class Members who wish to object should not be approved as fair, reasonable, and adequate to the Agreement to send their Objection Notices to Class, why a final Judgment should not be entered thereon, why the Settlement Administrator Benefits should not be approved, or appear why the at Final Approval HearingService Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. The No Class Notice shall make clear that 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 can only approve or deny to consider, within sixty (60) days following the Agreement Notice Date. All written objections and cannot change supporting papers must clearly: (a) state the terms. The Class Notice shall advise Settlement Class Members of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include in any such Notice: (i) his/her Member’s full name, current mailing address, and telephone number; (b) 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 Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and e-mail address; (ii) docket number, of all other cases in which the case name and number of the Action; (iii) the reason for the objection and (iv) objector and/or the objector’s signature or counsel has filed an objection to any proposed class action settlement in the signature of someone authorized to sign on past five (5) years; and (f) contain a statement regarding whether the objector’s behalf. If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number (or counsel of his/his or her counsel. 9.3 Any Settlement Class Member who fails choosing) intends to timely submit an Objection Notice or appear at the Final Approval Hearing shall not Hearing. All objections must be permitted to object submitted to the approval Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk in the Action, United States District Court for the Eastern District of Pennsylvania, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, filing them in person in the Settlement and shall be foreclosed form seeking any review of Action at the Settlement Courthouse, or filing them through the terms of the Agreement by appeal or other meansCourt’s Electronic Claims Filing system. To be timely submitted, an Objection Notice All objections must be electronically submitted filed or postmarked no later than on or before the Objection Deadline. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement, as set forth above. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Any Class Member who does not make their objections in the manner and by the date set forth in this paragraph shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves waived any objections and will shall be considered to have forfeited their objectionforever barred from raising such objections.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 9.1 Each A Settlement Class Member who does not file a timely Request for Exclusion complies with the requirements of this Paragraph may send a notice of intent to object to the settlement Settlement and to Plaintiff’s 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 as set forth in the Settlement Agreement, and (b) sent concurrently to the Settlement Administrator postmarked or emailed no later than the Objection Deadline set forth in the Settlement Agreement, and as specified in the Notice. For an “Objection Notice”objection to be considered by the Court, the objection must also include all of the information set forth in Paragraph 5.57 of the Settlement Agreement, which is as follows: (i) the name of these proceedings; (ii) the Settlement Class Member’s full name, current mailing address, and telephone number; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the Settlement Class, or may to the entire Settlement Class; (v) the identity of any attorneys representing the objector; (vi) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing to state an objection. The Class Notice shall instruct Settlement Class Members who wish to object to the Agreement to send their Objection Notices to the Settlement Administrator or appear the at Final Approval Hearing. The Class Notice shall make clear that the Court can only approve or deny the Agreement and cannot change the terms. The Class Notice shall advise Settlement Class Members ; (vii) a list of the Objection Deadline to submit Objection Notices. 9.2 Any Settlement Class Member who submits an Objection Notice must include all other matters in any such Notice: (i) his/her full name, address, telephone number, and e-mail address; (ii) the case name and number of the Action; (iii) the reason for the objection and (iv) the objector’s signature or the signature of someone authorized to sign on the objector’s behalf. If represented by counsel, which the objecting Settlement Class Member must also provide the name and telephone number of and/or his/her counsel.attorney has lodged an objection to a class action settlement; and, 9.3 (viii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney. Any Settlement Class Member who fails to timely submit an Objection Notice comply with the provisions in this Paragraph may waive and forfeit any and all rights he or she may have to object, and shall be bound by all the terms of the Settlement Agreement, this Preliminary Approval Order, and by all proceedings, orders, and judgments in this matter, including, but not limited to, the Release in the Settlement Agreement, if the Final Order and Judgment is entered. Any Settlement Class Member, including a Settlement Class Member who files and serves a written objection, as described above, may appear at the Final Approval Hearing shall not be permitted Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to object to or comment on the fairness, reasonableness, or adequacy of the Settlement, or Plaintiffs’ Attorneys’ Fees, Costs, Expenses, and/or Service Awards Requests for Class Representatives. If the Final Order and Judgment is entered, any Settlement Class Member who fails to object in the manner prescribed herein shall be deemed to have waived his or her objections and shall be forever barred from making any such objections in this action or in any other proceeding or from challenging or opposing, or seeking to reverse, vacate, or modify any approval of the Settlement Agreement, and shall be foreclosed form seeking any review of Plaintiff’s Attorneys’ Fees, Costs, Expenses, and/or Service Awards Requests for the Settlement or the terms of the Agreement by appeal or other means. To be timely submitted, an Objection Notice must be electronically submitted or postmarked no later than the Objection DeadlineClass Representative. 9.4 Settlement Class Members cannot both object to and exclude themselves from this Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Members who submit both a request for exclusion and an objection at least one time by email or, if no email address is available, by telephone where a telephone number is available, or by regular U.S. mail to give the Settlement Class Members an opportunity to clarify whether they choose to exclude themselves or proceed with their objection. The Settlement Class Member shall have until twenty- one (21) days prior to the Final Approval Hearing to inform the Settlement Administrator regarding his or her final choice. Any Settlement Class Members who attempt to both object to and exclude themselves from this Agreement and fail to follow up regarding their final choice will be deemed to have excluded themselves and will be considered to have forfeited their objection.

Appears in 1 contract

Sources: Settlement Agreement