Common use of Objections Clause in Contracts

Objections. The Notice shall also include a procedure for Settlement Class Members to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any written objection to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number of the Action; b. the objector’s full name, address, email address, and telephone number; c. an explanation of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. 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; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient).

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Objections. The Notice shall also include 7.1 Any Class Member who does not file a procedure timely written request for Settlement exclusion may object to the fairness, reasonableness, or adequacy of the Settlement. Class Members may not seek to exclude themselves from the Class and file an objection to the Settlement. 7.2 Any Class Member who wishes to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any written objection to any aspect of the Settlement must deliver to Lead Class Counsel and Defendants’ Counsel as set forth in 13.11, below, no later than 21 days before the Fairness Hearing, and file with the Court, no later than 21 days before the Fairness Hearing, a written statement of the objection(s). The written statement of the objection(s) must include (ia) be submitted 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 the Court by filing the written objection through bring to the Court’s Case Managementattention and any evidence the Class Member wishes to introduce in support of his/Electronic Case Files her objection(s); (“CM/ECF”b) systemthe Class Member's name, address and telephone number; and (c) information demonstrating that the Class Member is entitled to be included as a member of the Class. 7.3 Class Members may raise an objection either on their own or by mailing 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 written objection to attorney must (a) file a notice of appearance with the Clerk of CourtCourt no later than 21 days before the Fairness Hearing or as the Court otherwise may direct, or by filing the written objection in person at any location and (b) deliver a copy of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid notice to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection DeadlineDefendants’ Counsel, as specified in set forth in 7.4 Any Class Member who fails to comply with the Notice. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number provisions of the Action; b. the objector’s full name, address, email address, preceding subsections shall waive and telephone number; c. an explanation of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. forfeit any and all agreements that relate rights he or she may have to appear separately and/or object, and shall be bound by all the objection or terms of this Settlement and by all proceedings, orders, and judgments in the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)Action.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any fairness of this settlement must file a written objection to the Settlement must (i) be submitted to with the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice. 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, and whether he or she intends to appear at the Fairness Hearing on his or her own behalf or through counsel. For an objection to be considered by the Court, Any documents supporting the objection must also set forth: a. be attached to the case name Objection, and number of if the Action; b. Settlement Class Member intends to call witnesses at the objector’s full Fairness Hearing, those witnesses must be identified, including providing each witness’ name, address, email address, address and telephone number; c. an explanation of number in the basis upon which Objection. Objections must be signed by the objector claims to be a Settlement Class Member;Member making them or by his or her counsel. d. all grounds for the B. Any Settlement Class Member who has timely filed a written objection, accompanied by any legal support as provided for the objection; e. the identity of all counsel who represent the objectorabove, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Class Member’s own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process of objecting, whether written settlement. A Settlement Class Member or verbal, between objector his or objector’s counsel and any other person or entity; h. a list of any persons who will be called her attorney intending to testify make an appearance at the Fairness Hearing in support must: (a) file a notice of appearance with the objection; i. a statement confirming whether the objector intends Court no later than ten (10) days prior to personally appear and/or testify at the Fairness Hearing, or as the Court may otherwise direct; and j. and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the objector’s signature on provisions of this Section 12.02 shall waive and forfeit any and all rights to appear separately and/or to object, and shall be bound by all the written objection (an attorney’s signature is not sufficient)terms of this settlement, and by all proceedings, orders, and judgments in the litigation.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Objections. The Notice shall also include a procedure for Members of the Settlement Class Members shall have the right to object to this Agreement and to appear and show cause, if they have any reason why the terms of this Agreement should not be given Final Approval as follows: 1. A member of the Settlement and/or Class may object to Class Counsel’s application for Attorneys’ Fees and Expensesthis Agreement either on his or her own without an attorney, or through an attorney hired at his or her own expense. 2. Any written objection to this Agreement must be in writing, signed by the objecting member of the Settlement must Class (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemand his or her attorney, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number of the Action; b. the objector’s full name, address, email address, and telephone number; c. an explanation of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel who represent the objectorif individually represented, including any former or current counsel who may be entitled to compensation for any reason related to the objection objection), filed with the Court, with a copy delivered to the SettlementSettlement Administrator, Class Counsel and Younique’s Counsel at the addresses set forth in the long formClass Notice (Exhibit D), no later than thirty (30) days before the hearing on Final Approval. 3. Any objection regarding or related to this Agreement shall contain a caption or title that identifies it as “Objection to Class Settlement in ▇▇▇▇▇▇▇ v. Younique LLC, No. 8:17-cv-01397 (▇.▇.▇▇▇.).” 4. Any objection regarding or related to this Agreement shall contain information sufficient to identify and contact the objecting member of the Settlement Class (or his or her individually-hired attorney, if any), as well as a specific, clear and concise statement of his or her objection, the fee applicationfacts supporting the objection, the legal grounds and authority on which the objection is based, and whether he or the application for Service Awards; f. the identity of all counsel representing the objector who will she intends to appear at the Fairness Final Approval Hearing;, either with or without counsel. g. any and all agreements that relate 5. Any objection shall include documents sufficient to establish the objection or basis for the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person standing as a member of the Settlement Class, such as (i) a declaration signed by the objector under penalty of perjury, including a statement that the member of the Settlement Class purchased at least one of the Products during the Class Period; or entity;(ii) receipt(s) reflecting such purchase(s). h. 6. Any objection shall also include a detailed list of any persons other objections submitted by the Settlement Class member, or his or her counsel, to any class action submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Settlement Class member or his or her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he or she shall affirmatively state so in the written materials provided in connection with the objection to this Agreement. 7. Class Counsel and/or Younique shall have the right, but not the obligation, to respond to any objection no later than seven (7) days prior to the hearing on the motion for Final Approval Order and Judgment. The Party so responding shall file a copy of the response with the Court, and shall serve a copy, by regular mail, hand or overnight delivery, to the objecting member of the Settlement Class or to the individually-hired attorney for the objecting member of the Settlement Class; to Class Counsel; and to Younique’s Counsel. 8. If an objecting member of the Settlement Class chooses to appear at the hearing, no later than fifteen (15) days before the hearing on the motion for Final Approval Order and Judgment, a Notice of Intention to Appear, either In Person or Through an Attorney, must be filed with the Court, listing the name, address and telephone number of the attorney, if any, who will be called appear. 9. Any Settlement Class Member who fails to testify file and serve timely a written objection and notice of his/her intent to appear at the Fairness Hearing in support hearing on the motion for Final Approval Order and Judgment pursuant to this Section shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the objection; i. a statement confirming whether Settlement or the objector intends terms of the Agreement by any means, including but not limited to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)appeal.

Appears in 2 contracts

Sources: Class Settlement Agreement, Class Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any this settlement must file a written objection to the Settlement must (i) be submitted to with the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice. 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, and whether he or she intends to appear at the Fairness Hearing on his or her own behalf or through counsel. For an objection to be considered by the Court, Any documents supporting the objection must also set forth: a. be attached to the case name Objection, and number of if the Action; b. Settlement Class Member intends to call witnesses at the objectorFairness Hearing, those witnesses must be identified, including providing each witness’s full name, address, email address, address and telephone number; c. an explanation of number in the basis upon which Objection. Objections must be signed by the objector claims to be a Settlement Class Member;Member making them or by his or her counsel. d. all grounds for the B. Any Settlement Class Member who has timely filed a written objection, accompanied by any legal support as provided for the objection; e. the identity of all counsel who represent the objectorabove, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Class Member's own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process of objecting, whether written Settlement. A Class Member or verbal, between objector his or objector’s counsel and any other person or entity; h. a list of any persons who will be called her attorney intending to testify make an appearance at the Fairness Hearing in support must: (a) file a notice of appearance with the objection; i. a statement confirming whether the objector intends Court no later than ten (10) days prior to personally appear and/or testify at the Fairness Hearing, or as the Court may otherwise direct; and j. and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the objector’s signature on provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object and shall be bound by all the written objection (an attorney’s signature is not sufficient)terms of this Settlement, and by all proceedings, orders, and judgments in the litigation.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Objections. The Notice shall also include a procedure for Any Class Member who does not timely and validly exclude himself or herself from the Settlement Class Members may appear and show cause, if he or she has any reason to object to the Settlement and/or Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel’s application for Attorneys’ Fees and Expenses. Any Counsel or award made to the Class Representatives, unless a written objection is sent to the Settlement must Administrator at the mailing address listed in the Class Notice no later than thirty (i30) be submitted to days after the Court by filing the Notice Mailing Date. The written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection must also be mailed to the Clerk of CourtCourt no later than thirty (30) days after the Notice Mailing Date. To be valid, or by filing the written objection in person at any location must: (a) identify the case name and number; (b) identify the name, address, telephone number of the CourtSettlement Class Member objecting and, if represented by counsel, of his/her counsel; (iic) be filed personally signed by the person objecting, or postmarked on or before if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection deadline provided in the Court’s Preliminary Approval Orderwith specificity; and (iiie) be mailed first class postage prepaid a statement of whether he/she intends to Class Counsel and Filters Fast’s counsel and postmarked by no later than appear at the Final Approval Hearing, either with or without counsel. Within seven (7) days of the Objection Deadline, as specified the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Any Settlement Class Member who does not make his or her objection in the Notice. For an objection manner provided in this Section shall be deemed to have waived such objection, shall not be considered by the Court, the objection must also set forth: a. the case name and number permitted to object to any terms or approval of the Action; b. Settlement at the objector’s full name, address, email addressFinal Approval Hearing, and telephone number; c. an explanation of the basis upon which the objector claims to shall be a Settlement Class Member; d. all grounds for the objection, accompanied by foreclosed from making any legal support for the objection; e. 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, unless otherwise ordered by the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. 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; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)Court.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Settlement 1. Any Class Members Member who wishes to object to the fairness, reasonableness or adequacy of this Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any written objection to Agreement or the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemsettlement contemplated hereby, or by mailing the written objection to request for attorneys’ fees, reimbursement of litigation costs and expenses, and incentive awards for the Named Plaintiffs, must file with the Clerk of Courtthe Court and serve all counsel, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than thirty-five (35) days before the Objection DeadlineFairness Hearing, as specified in the Notice. For an objection to be considered by the Court, a statement of the objection must also set forth: a. setting forth the case name and number of the Action; b. the objector’s full namespecific reason(s), addressif any, email address, and telephone number; c. an explanation of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by including any legal support for that the Class Member wishes to bring to the Court’s attention, any evidence that the Class Member wishes to introduce in support of the objection; e. the identity of all counsel who represent , whether it applies only to the objector, including any former to a specific subset of the Class, or current counsel who may be entitled to compensation for any reason related to the objection entire Class, and whether the Class Member intends to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing;. Class Members g. any 2. Any Class Member who files and all agreements that relate to the serves a written objection or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify in accordance with Section IX.E.1 may appear at the Fairness Hearing in support to object to any aspect of the objection; i. fairness, reasonableness or adequacy of this Settlement Agreement or the settlement contemplated hereby; provided, however, that a statement confirming whether the objector intends to personally appear and/or testify Class Member who does not timely file and serve such a written objection will not be heard at the Fairness Hearing; and. j. 3. Subject to the objectorCourt’s signature on discretion, any Class Member (or his or her attorney) who has not complied with the written objection (an attorney’s signature is provisions of this Section IX.E.1, and who also has not sufficient)opted out of the Class as provided in Section IX.C.1, will waive and forfeit any and all rights the Class Member may have to appear separately, or to object or opt out, and will be bound by all the terms of the Settlement Agreement and by all proceedings, order and judgments in the Case.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who does not submit a written Request for Exclusion may appear at the Final Approval Hearing or submit a written objection to the Settlement explaining why they believe that the Settlement should not be approved by the Court as fair, reasonable, and adequate. a. A Settlement Class Member who wishes to object or appear must file with the Clerk of the Court, at the address identified on the Settlement Website, and separately mail to the Settlement Administrator, a detailed written statement, postmarked by the Objection and Opt-Out Deadline, stating any objection(s) in detail and any specific aspect(s) of the Settlement being challenged; the specific reason(s), if any, for each such objection, including any evidence and legal authority that the Settlement Class Member wishes to bring to the Court’s attention; and whether any objection applies only to the objector, to a specific subset of the class, or to the entire class. b. That written statement shall clearly identify the case name and number, and in addition to the details set forth above with respect to the objection, shall contain (i) the Settlement Class Member’s printed name, address, telephone number, and email address; (ii) evidence showing that the objector is a Settlement Class Member; (iii) any other supporting papers, materials, or briefs that the Settlement Class Member wishes the Court to consider when reviewing the objection; (iv) the actual written signature of the Settlement Class Member making the objection; and (v) a statement of whether the objecting Settlement Class Member or their counsel intends to appear at the Final Approval Hearing. c. A Settlement Class Member may object on their own behalf or through an attorney; provided, however, that even if represented, the objector must individually sign the objection, and timely file the objection and mail a copy to the Settlement Administrator. All attorneys who are involved in any way in asserting the objection must be listed on the objection. d. On a weekly basis, the Settlement Administrator shall provide counsel for the Parties with copies of any objections it receives. e. Any objector who files and serves a valid and timely written objection or intends to appear as described above may appear at the Final Approval Hearing, either in person or through separate counsel hired at the objector’s expense, to object to the Settlement and/or on the basis set forth in his or her objection; provided, however, that any objector or attorney for an objector who intends to Class Counsel’s application for Attorneys’ Fees and Expensesmake an appearance at the Final Approval Hearing must in their timely objection state their intention to appear. Any written objection to If the Settlement Class Member or their attorney wish to speak at the Final Approval Hearing, their written notice of intent must (i) be submitted to the Court identify by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number of the Action; b. the objector’s full name, address, email address, and telephone number; c. an explanation of number the basis upon which the objector claims person(s) who intend(s) to be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel who represent the objectorappear, including any former or current counsel witnesses and a summary of any witness testimony the Settlement Class Member intends to present during their appearance. f. Any Settlement Class Member who may be entitled does not comply with the foregoing provisions shall waive and forfeit any and all rights to compensation for any reason related to the objection object to the Settlement, and shall be bound by all terms of this Settlement Agreement and by all proceedings, orders and judgments in the fee applicationLitigation, including but not limited to the Release and the Final Approval Order and Judgment. g. A member of the Class who submits a valid Request for Exclusion may not object to the Settlement or the application for Service Awards; f. the identity of all counsel representing the objector who will appear speak at the Fairness Final Approval Hearing;. Objections filed by Class members who have excluded themselves from the Class will not be considered. g. any h. The procedures for filing objections and all agreements that relate appearing at the Final Approval Hearing are intended to ensure the fair and efficient administration of justice, consistent with the Federal Rules of Civil Procedure and due process. i. A Settlement Class Member who objects can withdraw their objection before the Final Approval Hearing by submitting a signed written request or email containing an electronic signature to the objection or Settlement Administrator stating their desire to withdraw their objection. The Settlement Administrator will forward all such requests to Lead Counsel and Defense Counsel on a weekly basis, and will ensure that all such requests submitted prior to the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify at the Fairness Hearing in support date of the objection; i. a statement confirming whether Final Approval Hearing are forwarded prior to the objector intends to personally appear and/or testify at the Fairness Final Approval Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient).

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for a. Settlement Class Members to may object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and ExpensesAgreement by following the instructions on the Notice. Any written objection To object to the Settlement Agreement or any terms of it, the person making the objection must (i) be submitted a member of the Settlement Class, must not have requested to be excluded from the Settlement, and must file a timely written statement of objection with the Court, and mail a copy of that objection with the requisite postmark to the Court by filing the written objection through the CourtSettlement Administrator, Class Counsel, and Defendant’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Objection/Exclusion Deadline. The notice of objection must state the case name and number; the basis for and an explanation of the objection; the name, as specified in address, telephone number, and email address of the NoticeSettlement Class Member making the objection; a list of any other objections filed; a statement of whether he or she is represented by counsel and, if so, a list of all objections filed by that counsel; and a statement of whether the Settlement Class Member intends to appear at the Final Approval Hearing with or without counsel. For an In addition, any objection to must be personally signed by the Settlement Class Member. Any objection that does not meet the requirements of this paragraph shall not be considered by the Court, unless otherwise ordered by the objection must also set forth: a. the case name and number of the Action;Court. b. the objector’s full name, address, email address, and telephone number; c. an explanation of the basis upon which the objector claims to be a If any objecting Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled Member intends to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Final Approval Hearing; g. , either with or without counsel, he/she must state as such in the written objection, and must also identify any and all agreements that relate witnesses he/she may seek to the objection or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called call to testify at the Fairness Final Approval Hearing in support of the objection; i. a statement confirming whether the objector and all exhibits he/she intends to personally appear and/or testify seek to introduce into evidence at the Fairness Final Approval Hearing; and j. the objector’s signature on , which must also be attached to, or included with, the written objection. c. Settlement Class Members who fail to serve timely and proper written objections shall be deemed to have waived any objections and shall be foreclosed from making any objection (an attorney’s signature is not sufficient)whether by appeal or otherwise) to the Settlement Agreement. The Parties may file a response to any objections no later than seven (7) calendar days before the Final Approval Hearing.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Settlement Any Class Members to Member, on his, her, or its own, or through an attorney hired at his, her, or its own expense, may object to the Settlement and/or to terms of the Settlement, Class Counsel’s application motion for an award of Attorneys’ Fees and ExpensesCosts and/or the Named Plaintiff Service Awards. Any written objection to such Objection must be served on Class Counsel, Defendants’ counsel, and the Settlement Administrator. To be effective, any such Objection must (i) be submitted to in writing and include the Court contents described below, and must be served by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline. Any Objections not raised properly and timely will be waived. To be effective, as specified in any Objection must contain all the Notice. For an objection to be considered by the Court, the objection must also set forthfollowing information: a. a reference at the case name and number beginning to ▇▇▇▇▇▇▇ v. Ocwen Loan Servicing, LLC., No. 1:13- cv-04427-NGG-SLT (Eastern District of the Action;New York), b. the objector’s full name, address, telephone number, and email address, and telephone number; c. an explanation the Objection must state whether it applies only to the objector, to a specific subset of the basis class, or to the entire class, and also state with specificity the grounds for the Objection; d. copies of any papers, briefs, or other documents upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objectionObjection is based; e. a list of all persons who will be called to testify in support of the Objection; f. a statement of whether the objector intends to appear at the Final Approval Hearing. If the objector intends to appear at the Final Approval Hearing through counsel, the Objection must also state 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, the fee application, or the application for Service Awards; f. the identity of all counsel attorneys representing the objector who will appear at the Fairness Final Approval Hearing; g. any , and all agreements that relate to such attorneys representing the objection or objector must enter an appearance concurrently with serving the process of objectingObjection, whether written or verbal, between objector or not the objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify appear at the Fairness Final Approval Hearing or whether or not admitted in support of the objectionNew York; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient).

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the fairness of this Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any must file a written objection to the Settlement must (i) be submitted to with the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid provide a copy to Class Counsel and Filters Fast’s counsel for Defendants and postmarked ClearLight by no later than the Objection Deadline, as specified in . (a) In the Notice. For an objection to be considered by the Courtwritten objection, the objection Settlement Class Member must also set forth: a. the case name and number of the Action; b. the objector’s state his or her full name, address, email address, and telephone number;, explain how and why he or she is a Class Member, the factual and legal reasons for his or her objection, a list of all witnesses that the Class Member intends to call by live testimony, deposition testimony, or affidavit or declaration testimony, and whether he or she intends to appear at the Final Approval Hearing on his or her own behalf or through counsel. Any documents or exhibits supporting the objection, or that the Class Member intends to present at the Final Approval Hearing, must also be attached to the Objection. c. (b) Any Settlement Class Member who objects must appear at the Final Approval Hearing, either in person or through an explanation of attorney hired at the basis upon which the objector claims to be a 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 Final Approval Hearing must: d. all grounds for (i) file a notice of appearance with the objectionCourt no later than twenty (20) Days prior to the Final Approval Hearing, accompanied by any legal support for or as the objection; e. the identity Court may otherwise direct; and (ii) serve a copy of such notice of appearance on all counsel for all Parties. Any Settlement Class Member who represent fails to comply with the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity provisions of all counsel representing the objector who will appear at the Fairness Hearing; g. this Section waives and forfeits any and all agreements that relate rights to the objection or the process of objectingappear separately and/or to object, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify at bound by all the Fairness Hearing terms of this Settlement, and by all proceedings, orders, and judgments in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)litigation.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Class Member who does not timely and validly exclude themself from the Settlement Class Members may appear and show cause, if he or she has any reason to object to the Settlement and/or Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel’s application for Attorneys’ Fees and Expenses. Any Counsel or award made to the Class Representative, unless a written objection is sent to the Settlement must Administrator at the mailing address listed in the Class Notice no later than thirty (i30) be submitted to days after the Court by filing the Notice Mailing Date. The written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection must also be mailed to the Clerk of CourtCourt no later than thirty (30) days after the Notice Mailing Date. To be valid, or by filing the written objection in person at any location must: (a) identify the case name and number; (b) identify the name, address, telephone number of the CourtSettlement Class Member objecting and, if represented by counsel, of his/her counsel; (iic) be filed personally signed by the person objecting, or postmarked on or before if represented by counsel, signed by his/her counsel; (d) the basis and grounds for objection deadline provided in the Court’s Preliminary Approval Orderwith specificity; and (iiie) be mailed first class postage prepaid a statement of whether he/she intends to Class Counsel and Filters Fast’s counsel and postmarked by no later than appear at the Final Approval Hearing, either with or without counsel. Within seven (7) business days of the Objection Deadline, as specified the Settlement Administrator shall provide a report to the Court setting forth a list of Objections that meet the above guidelines. The Court shall have the ultimate determination of whether an Objection has been appropriately made. Any Settlement Class Member who does not make his or her objection in the Notice. For an objection manner provided in this Section shall be deemed to have waived such objection, shall not be considered by the Court, the objection must also set forth: a. the case name and number permitted to object to any terms or approval of the Action; b. Settlement at the objector’s full name, address, email addressFinal Approval Hearing, and telephone number; c. an explanation of the basis upon which the objector claims to shall be a Settlement Class Member; d. all grounds for the objection, accompanied by foreclosed from making any legal support for the objection; e. 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, unless otherwise ordered by the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. 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; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)Court.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who does not file a timely request for exclusion, but who wishes to object to approval of the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any written objection proposed Settlement, to the Settlement must (i) be submitted award of attorneys’ fees and expenses, or to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection compensation award to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid Class Representative must submit to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number of the Action; b. the objector’s Settlement Administrator a written statement that includes: his or her full name, ; address, email address, and ; telephone number; c. an explanation of the basis upon which the objector claims to be a Settlement Class Member; d. number or numbers that he or she maintains were called; all grounds for the objection, accompanied by any with factual and legal support for the objection; e. each stated ground; the identity of all counsel any witnesses he or she may call to testify; copies of any exhibits that he or she intends to introduce into evidence at the Final Approval Hearing, and a statement of whether he or she intends to appear at the Final Approval Hearing with or without counsel. Any member of the Settlement Class who represent fails to timely file a written objection in accordance with the objectorterms of this paragraph and as detailed in the Notice, including any former or current counsel who may be entitled to compensation for any reason related and at the same time provide a copy of the filed objection to the objection Settlement Administrator, shall not be permitted to object to this Agreement at the Final Approval Hearing, and shall be foreclosed from seeking any review of this Agreement by appeal or other means and shall be deemed to have waived his or her objections and be forever barred from making any such objections in the Action or any other action or proceeding. The Court will consider objections to the Settlement, to the fee applicationaward of attorneys’ fees and expenses, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate to the objection compensation award to the Class Representative only if, on or the process of objectingbefore , whether written or verbal2018, between objector or objector’s counsel such objections and any other person or entity; h. a list supporting papers are filed in writing with the Clerk of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature this Court and served on the written objection (an attorney’s signature is not sufficient)Settlement Administrator.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for A Settlement Class Members to Member who complies with the requirements of the Settlement Agreement may object to the Settlement and/or and to Class CounselPlaintiff’s application Motion for Attorneys’ Fees Fees, Costs, and ExpensesService Award for the Class Representative. Any written objection to the No Settlement must (i) Class Member shall be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemheard, and no papers, briefs, pleadings, or other documents submitted by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) Settlement Class Member shall be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; received and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered by the Court, unless a written objection is sent to the objection Court by the Objection Deadline, which is no later than sixty (60) Days after the Notice Date, as set forth in the Settlement Agreement and as specified in the Notice and must also set forth: a. the case name and number include all of the Action; b. information set forth in Paragraph 107 of the Settlement Agreement, which is as follows: (i) the name of the proceedings; (ii) the objector’s full name, address, email current mailing address, and telephone number; c. an explanation of ; (iii) a statement that states with specificity the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by as well as any legal support for documents supporting the objection; e. ; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class; (v) the identity of all counsel who represent 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; (vii) a list of all other matters in which the objecting Settlement Class Member and/or his/her attorney has lodged an objection to a class action settlement; and (viii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney. Any Settlement Class Member who fails to comply in full with the requirements for objecting in the Settlement Agreement, including the Notice, and any former Court orders will forever waive and forfeit any and all rights he or current counsel who she may be entitled have to compensation for raise any reason related to the objection to the SettlementSettlement Agreement, 3:23cv1559 will not be permitted to object to the fee applicationapproval of the Settlement at the Final Approval Hearing, will be foreclosed from seeking any review of the Settlement or the application for Service Awards; f. terms of the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any Settlement Agreement by appeal or other means, 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; h. a list of any persons who will be called to testify at bound by the Fairness Hearing Settlement Agreement and by all proceedings, orders, and judgments in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)Lawsuit.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees fairness of this Agreement must, by the date specified in the Preliminary Approval Order (which shall be no later than forty-five (45) days after the Notice Date and Expenses. Any written included in the Postcard Notice and the Long-Form Notice), file any such objection to the Settlement must (i) be submitted to the Court by filing the written objection through with the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid with a copy to Class Counsel and Filters Fast’s counsel and postmarked by no later than for the Objection Deadline, as specified in the NoticeFroedtert Defendants. For an objection to be considered by the Court, the The objection must also set forthinclude at least the following information: a. the case name and number of the Action; b. the objector1. The Settlement Class member’s full name, address, email address, and telephone number; c. an explanation 2. A written statement of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by objection and any legal or factual support for the such objection; e. the identity 3. Copies of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to documents upon which the objection to the Settlement, the fee application, or the application for Service Awardsis based; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. 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; h. a 4. A list of any persons who will would be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify objection at the Fairness Hearing; and j. 5. A statement of whether the objector’s signature on Settlement Class member intends to appear at the written Fairness Hearing. If the Settlement Class member intends to appear at the Fairness Hearing through counsel, the objection must also identify all attorneys representing the Settlement Class member who may appear at the Fairness Hearing. The Parties may file a response to any objections at least seven (7) days prior to the Fairness Hearing. Unless otherwise ordered by the Court, Settlement Class members who file an attorney’s signature is objection but do not sufficient)Opt-Out under Section II.E are bound by the Release in Section I.C.2 of this Agreement, regardless of whether they submit a Valid Claim or receive any Settlement Benefit. Any Settlement Class member who does not timely file an objection and notice of his or her intent to appear at the Fairness Hearing shall be foreclosed from seeking adjudication or review of the settlement or this Agreement by appeal or otherwise.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who wishes to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any written objection settlement must return to the Settlement must (i) be submitted to the Court by filing the Administrator a timely written statement of objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than thirty days after the date the Settlement Administrator mails the Notice of Settlement. The Notice of Objection Deadline, as specified in the Notice. For an objection to be considered by the Court, the objection must also set forth: a. state (1) the case name and number of number; (2) the Action; b. the objector’s full name, address, email addresstelephone number, and telephone number; c. an explanation email address (if any) of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for Member making the objection, accompanied by ; (3) a statement of the objection(s) being asserted; (4) a detailed description of the facts and any legal support for the authorities underlying each objection; e. the identity ; (5) a notice of all counsel who represent the objector, including any former or current counsel who may be entitled intent to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Final Fairness Hearing; g. any and all agreements that relate to , if the Settlement Class Member making the objection or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. intends to appear; (6) a list of any persons who will be called witnesses the Settlement Class Member making the objection may call to testify at the Fairness Hearing Final Approval Hearing, whether in support person, by deposition, or affidavit; and (7) a list of any exhibits, and copies of the objection; i. a statement confirming whether the same, which that objector intends to personally appear and/or testify may offer at the Fairness Final Approval Hearing; and j. . Any objection must be personally signed by the objector. No Settlement Class Member shall be entitled to contest in any way the approval of the terms and conditions of this Agreement or the Court’s signature on Final Approval Order except by filing and serving written objections in accordance with the written objection provisions of this Agreement. Any Settlement Class Member who fails to make objections in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objections, whether by appeal or otherwise, to the settlement. The Settlement Administrator shall provide any objections and backup information to Defendant’s Counsel and Class Counsel, who shall file same with the Court at least seven (an attorney’s signature is not sufficient)7) days before the Final Approval Hearing or as otherwise ordered by the Court.

Appears in 1 contract

Sources: Class Settlement Agreement

Objections. The Notice shall also include Any Class Member who has not submitted a procedure for Settlement Class Members timely written exclusion request pursuant to Section 5.5 below and who wishes to object to the fairness, reasonableness or adequacy of the Settlement and/or Agreement or the proposed Settlement, to Class Counsel’s application the attorneys' fees and costs award, or to the service awards for Attorneys’ Fees and Expenses. Any the Named Plaintiffs, must do so by filing a written objection to the Settlement must (i) be submitted to with the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location and delivering a copy of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters FastGogo’s counsel and postmarked by Counsel no later than the Objection Deadline, as date approved by the Court and specified in the NoticeNotice provided for in Section 3 above. For an The delivery date is deemed to be the date when 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 Court, Class Counsel, and Gogo's Counsel. To be considered by the Court, the objection must also set forth: a. include: (1) a heading containing the case name and case number of the Action; b. ; (2) the objector’s full Class Member's name, email address, postal address, Gogo account user ID, telephone number that were used in conjunction with the Class Member's Gogo account, as well as include the first month of purchase of the Monthly Pass by the Class Member; (3) a detailed statement of each objection and the factual and legal basis for each objection, and the relief that the Class Member is requesting; (4) a list of and copies of all documents or other exhibits which the Class Member may seek to use at the Fairness Hearing; and (5) a statement of whether the Class Member intends to appear, either in person or through counsel, at the Fairness Hearing, and if through counsel, a statement identifying the counsel's name, postal address, phone number, email address, and telephone number; c. an explanation of the basis upon state bar(s) to which the objector claims to be counsel is admitted. Any Class Member who files and serves a Settlement Class Member; d. all grounds for the written objection, accompanied by any legal support for as described in this section, has the objection; e. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled option to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through personal counsel hired at the objector’s expense, to object to the objection fairness, reasonableness, or adequacy of the Settlement Agreement or the process proposed Settlement, to the award of objectingattorneys' fees and costs, whether written or verbalto the service awards for Named Plaintiffs. However, between objector Class Members or objector’s counsel and any other person or entity; h. a list of any persons who will be called their attorneys intending to testify make an appearance at the Fairness Hearing in support of the objection; i. must include a statement confirming whether of intention to appear in the objector intends written objection filed with the Court and delivered to personally appear and/or testify Class Counsel, and Gogo's Counsel, and only those Class Members who include such a statement may speak at the Fairness Hearing; and j. . If a Class Member makes an objection or appears at the objector’s signature on the written objection (Fairness Hearing through an attorney’s signature is not sufficient), that objector will be responsible for his or her personal attorney's fees and costs.

Appears in 1 contract

Sources: Settlement Agreement

Objections. A Class Member who does not opt out as provided in Paragraph 40 may, as instructed in the Notice, file an objection to the settlement with the Clerk of Court or may file a motion to intervene. Any such objection or motion to intervene, in order to be timely, must be postmarked by the Objection Deadline. Any Class Member who has timely filed an objection in compliance with this paragraph may appear at the Final Approval Hearing to be scheduled by the Court, in person or by counsel, and be heard to the extent allowed by the Court, applying applicable law, in opposition to the fairness, reasonableness, and adequacy of the proposed settlement, and/or on the applications for attorneys' fees and costs and incentive award. The Notice shall also include a procedure for Settlement Class Members right to object to the Settlement and/or proposed settlement or to intervene in the Civil Action must be exercised individually by a Class CounselMember or his or her attorney, and not as a member of a group, class, or subclass, except that such objections may be submitted by a Class Member's legally authorized representative. To be effective, a notice of intent to object to the proposed settlement must: (a) Contain a heading which includes the name of the case and case number; (b) Provide the name, address, telephone number, and signature of the Class Member filing the objection; (c) Indicate the specific reasons why the Class Member objects to the proposed settlement; (d) Contain the name, address, bar number, and telephone number of the objecting Class Member’s application for Attorneys’ Fees and Expensescounsel, if represented by an attorney. Any written objection to the Settlement attorney representing a Class Member must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location comply with all applicable rules of the Court; and (iie) State whether the objecting Class Member intends to appear at the final approval hearing, either in person or through counsel. In addition, a notice of intent to object must contain the following information, if the Class Member or his or her attorney requests permission to speak at the final approval hearing: (f) A detailed statement of the legal and factual basis for each and every objection; (g) A list of any and all witnesses whom the Class Member may seek to call at the final approval hearing, with the address of each witness and a summary of his or her proposed testimony (whether any such testimony is allowed will be filed or postmarked on or before the objection deadline provided in the discretion of the Court’s Preliminary Approval Order; , in accordance with the rules of the Court); (h) A detailed description of any and all evidence the Class Member may offer at the final approval hearing, including photocopies of any and all exhibits which the objector may seek to introduce at the final approval hearing (iii) whether any such evidence is admitted or otherwise considered will be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered determined by the Court, in accordance with the objection must also set forth: a. the case name and number rules of the ActionCourt); b. (i) A list of any legal authority the objector’s full name, address, email addressClass Member will present at the final approval hearing; and (j) Documentary proof of membership in the Class. Class Members have the right to exclude themselves from the proposed settlement and pursue a separate and independent remedy against RailWorks by complying with the exclusion provisions in Paragraph 40. Class Members who object to the proposed settlement shall remain Settlement Class Members and voluntarily waive their right to pursue an independent remedy against RailWorks. To the extent any Class Member objects to the proposed settlement, and telephone number; c. an explanation such objection is overruled in whole or in part, such Class Member will be forever bound by the Order and Final Judgment of the basis upon which the objector claims to be a Settlement Court. Class Member; d. all grounds for the objection, accompanied Members can avoid being bound by any legal support for judgment of the objection; e. Court by complying with the identity of all counsel exclusion provisions in Paragraph 40. Class Members who represent the objector, including any former or current counsel who may be file objections are still entitled to compensation for any reason related receive benefits under the settlement if it is approved, but they must submit a timely Claim Form to the do so. Submitting a timely Claim Form does not waive an objection to the Settlementsettlement. A Class Member is not entitled to submit both an opt-out request and an objection. If a Class Member submits both an opt-out request and an objection, the fee applicationSettlement Administrator will send a letter explaining that they are not permitted to make both such requests, and asking the Class Member to make a final decision as to whether to opt out or object and inform the application for Service Awards; f. Settlement Administrator of that decision within 10 days. If the identity Class Member does not respond to that communication within 10 days after it was mailed (or by the Objection deadline, whichever is later), the Class Member will be treated as having opted out of all counsel representing the objector who Class, and the objection will appear at the Fairness Hearing; g. any and all agreements that relate not be considered, subject to the objection or the process of objecting, whether written or verbal, between objector or objectorCourt’s counsel and any other person or entity; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)discretion.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any fairness of this settlement must file a written objection to the Settlement must (i) be submitted to with the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid provide a copy to Class Counsel and Filters Fast’s counsel and postmarked for Defendant by no later than the Objection Deadline, as specified in . A. In the Notice. For an objection to be considered by the Courtwritten objection, the objection Settlement Class Member must also set forth: a. the case name and number of the Action; b. the objector’s state his or her full name, address, email address, and telephone number;, the reasons for his or her objection, and whether he or she intends to appear at the fairness hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection. c. an explanation of the basis upon which the objector claims to be a B. Any Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel Member who represent the objector, including any former or current counsel who objects may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process of objecting, whether written Settlement. A Settlement Class Member or verbal, between objector his or objector’s counsel and any other person or entity; h. a list of any persons who will be called her attorney intending to testify make an appearance at the Fairness Hearing in support must: (a) file a notice of appearance with the objection; i. a statement confirming whether the objector intends Court no later than twenty (20) days prior to personally appear and/or testify at the Fairness Hearing, or as the Court may otherwise direct; and j. and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Settlement Class Member who fails to comply with the objector’s signature on provisions of this Section 12.02 shall waive and forfeit any and all rights to appear separately and/or to object, and shall be bound by all the written objection (an attorney’s signature is not sufficient)terms of this Settlement, and by all proceedings, orders, and judgments in the litigation.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Members of the Settlement Class who do not request exclusion may object to this Settlement Agreement as explained in the Class Notice by filing a written objection with the Settlement Administrator (who shall serve all objections as received on Class Counsel and VOX’s counsel, who shall then file all such objections with the Court). VOX’s counsel and Class Counsel shall file any responses to objections no later than five (5) calendar days before the Final Approval hearing. To be valid, any written objection must: (1) contain the objecting Settlement Class member’s full name and current address, as well as contact information for any attorney representing the objecting Settlement Class member for purposes of the objection; (2) include all objections and the factual and legal bases for same; (3) include any and all supporting papers, briefs, written evidence, declarations, and/or other evidence; and (4) be postmarked no later than the Response Deadline. A Settlement Class member who wishes to submit a written objection but who fails to comply with the written objection procedures set forth above and/or in the Class Notice shall also include be deemed not to have submitted a procedure for written objection. Settlement Class Members members will also have a right to appear at the Final Approval Hearing in order to have any oral objections heard by the Court. Settlement Class members who fail to object in one of the manners specified herein shall be deemed to have waived all objections to the Settlement Agreement and shall be foreclosed from making any objections, whether by appeal or otherwise, to the Settlement Agreement. Neither Plaintiff, Class Counsel, VOX, nor VOX’s counsel will request, solicit, or otherwise encourage Settlement Class members to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any written objection to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number of the Action; b. the objector’s full name, address, email address, and telephone number; c. an explanation of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. 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; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient).

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any fairness of this settlement must file a written objection with the Court and provide a copy to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemAdministrator, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked for Defendants by no later than the Objection Deadline, as specified in . A. In the Notice. For an objection to be considered by the Courtwritten objection, the objection Settlement Class Member must also set forth: a. the case name and number of the Action; b. the objector’s state his or her full name, address, email address, and telephone number; c. , an explanation as to why the objector is a Class Member including the provision of a Claim Identification Number as listed on the basis upon postcard they received, or the telephone number on which the objector claims was called, the reasons for his or her objection, and whether he or she intends to appear at the fairness hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be a attached to the Objection. B. Any Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel Member who represent the objector, including any former or current counsel who objects may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process of objecting, whether written Settlement. A Settlement Class Member or verbal, between objector his or objector’s counsel and any other person or entity; h. a list of any persons who will be called her attorney intending to testify make an appearance at the Fairness Hearing in support must: (a) file a notice of appearance with the objection; i. a statement confirming whether the objector intends Court no later than ten (10) days prior to personally appear and/or testify at the Fairness Hearing, or as the Court may otherwise direct; and j. the objector’s signature and (b) serve a copy of such notice of appearance on the all counsel for all Parties. Any Settlement Class Member who fails to file a written objection (an attorney’s signature is not sufficient)in compliance with the provisions of this Section 12.02 shall waive and forfeit any and all rights to appear separately and/or to object, and shall be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments in the litigation.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any fairness, reasonableness, or adequacy of this settlement must file a written objection to the Settlement must (i) be submitted to with the Court by filing no later than the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked Objection Deadline and simultaneously serve a copy on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fastcounsel for Defendant at the respective addresses set forth in the Settlement Agreement. A. In the written objection, the Settlement Class Member must state the Settlement Class Member’s full name, current address, telephone number, the reasons for the objection, whether he or she intends to appear at the Final Approval Hearing on his or her own behalf or through counsel, and a list of all cases in which the objector or objector’s counsel has appeared to object to a class-action settlement in the last five (5) years. Any documents supporting the objection must also be attached to the Objection, and postmarked if the Settlement Class Member intends to call witnesses at the Final Approval Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his, her, or its counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, may appear at the Final Approval Hearing, either in person or through an attorney hired at the 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, her, or its attorney intending to make an appearance at the Final Approval Hearing must: (a) file a notice of appearance with the Court no later than the Objection Deadline, as specified in the Notice; and (b) serve a copy of such notice of appearance on all counsel for all Parties. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number of the Action; b. the objector’s full name, address, email address, and telephone number; c. an explanation of the basis upon which the objector claims to be a Any Settlement Class Member; d. all grounds for Member who fails to comply with the objection, accompanied by any legal support for the objection; e. the identity provisions 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. this Section 11.02 shall waive and forfeit any and all agreements that relate rights to appear separately and to object, and shall be bound by all the objection or terms of this settlement, and by all proceedings, orders, and judgments in the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)litigation.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for A Settlement Class Members to Member may object to the Settlement. To exercise this certified or objection right, the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any Member must provide written notice of the objection via certified or first class mail to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters FastDefendant’s counsel and postmarked by no later than the Objection Deadline, as specified in the NoticeCounsel. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number of the Action; b. Such notice shall state: (1) the objector’s full name, address, email addresstelephone number, and telephone number; c. an explanation of e-mail address; (2) documents or information required on the basis upon which Claim Form and sufficient to identify the objector claims to be as a Settlement Class Member; d. , including but not limited to the pistols serial number; (3) a written statement of all grounds for the objection, objection accompanied by any legal support for the objection; e. ; (4) the identity of all counsel who represent representing the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. ; (5) the identity of all counsel representing the objector who will may appear at the Final Fairness Hearing; g. any and ; (6) all agreements that relate to other cases in which the objection objector (directly or through counsel) or the process of objecting, whether written or verbal, between objector or objector’s counsel and (on behalf of any other person or entity; h. ) has filed an objection to any proposed class action settlement, or has been a named plaintiff in any class action or served as lead plaintiff class counsel, including the case name, court, and docket number for each; (7) a list of any all persons who will be called to testify at the Final Fairness Hearing in support of the objection; i. ; (8) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and j. and (9) the objector’s signature on and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). Any Settlement Class Member who fails to file and serve timely a written objection containing all of the information listed in the items listed above in the previous paragraph, including notice of his/her intent to appear at the final approval hearing, shall not be permitted to object to the Settlement and shall be foreclosed from seeking any review of the settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal. Such objection must be postmarked or personally delivered on such schedule as the Court may direct. The submission of an objection allows Class Counsel of SIG ▇▇▇▇▇’▇ Counsel to take the deposition of the objecting Settlement Class Member pursuant to the Federal Rules of Civil Procedure at an agreed-upon time and location, and to obtain any evidence relevant to the objection. Failure by an objector to make himself or herself available for a deposition or to comply with expedited discovery requests may result in the Court striking the objection. The Court may tax the costs of any such discovery to the objector or the objector’s counsel if the Court determines that the objection is frivolous or is made for an improper purpose. In seeking Preliminary Approval of this Agreement, the Parties will request that the deadline for submission of notice of objections shall be set on a date no less than sixty (an attorney’s signature is 60) days after the publication of the final notice to be published pursuant to Section V. Objections sent by any Settlement Class Member to incorrect locations shall not sufficient)be valid.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for At the Fairness Hearing, the Court will consider the statements of the parties and any objections that may have been made. Any member of the Trust Loans Settlement Class Members who has not submitted a timely written Opt Out Request has the right to object to the Settlement and/or Settlement. If you wish to Class Counsel’s application for Attorneys’ Fees and Expenses. Any written objection object to the Settlement Settlement, you must (i) be submitted to the Court by filing the written file your objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to in writing with the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by ▇▇▇▇▇▇▇ County Courthouse, ▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, no later than the Objection Deadline[30 Days after Entry of Preliminary Approval], as specified in the Notice2016. For an All persons wishing to object must also send a copy of their written objection to be considered by Plaintiffs’ Counsel and Counsel for the Court, Settling Defendant (the names and addresses are stated below). The objection must also set forth: a. the case name and number of the Action; b. the objector’s full include: (a) your name, address, email address, and telephone number; c. an explanation ; (b) a statement of the basis upon which the objector claims to be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. 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 each objection to the Settlement, proposed Settlement that you wish to assert; (c) a detailed description of the fee application, facts supporting each of the objections; (d) copies of any loan documents in your possession or control that you rely on as a basis for your objections; (e) the application for Service Awards; f. the identity names of all counsel representing witnesses, and the objector who will appear report(s) from any proposed experts you intend to call at the Fairness Hearing; g. 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; h. a list ; (f) copies of any persons who will be called exhibits that you intend to testify rely on at the hearing; (g) a reference to “▇▇▇▇▇▇▇ v. U.S. Bank, National Association, Case No. -CV ”; (h) a statement of whether you intend to appear at the Fairness Hearing in support person or through an attorney; (i) if you are represented by an attorney, a detailed description of the objection; i. a statement confirming whether legal authorities supporting each of your objections; and (j) any other matter to be raised. The addresses for Plaintiffs’ Counsel and the objector intends to personally appear and/or testify at Counsel for the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient).Settling Defendants are as follows:

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any fairness of this settlement must file a written objection to the Settlement must (i) be submitted to with the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid provide a copy to Class Counsel and Filters Fast’s counsel and postmarked for I.C. System by no later than the Objection Deadline, as specified in . A. In the Notice. For an objection to be considered by the Courtwritten objection, the objection Settlement Class Member must also set forth: a. the case name and number of the Action; b. the objector’s (a) state his or her full name, address, email address, and telephone number; c. an explanation , (b) the reasons for his or her objection, (c) whether he or she intends to appear at the fairness hearing on his or her own behalf or through counsel, (d) set forth all arguments, citations and evidence supporting the Objection, and (e) disclose every prior objection to a class action settlement ever made by Class Member or Class Member’s attorney including the case name, case number, and disposition of the basis upon which prior objection(s). Any documents supporting the objector claims objection must also be attached to be a the Objection. B. Any Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel Member who represent the objector, including any former or current counsel who objects may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process of objecting, whether written Settlement. A Settlement Class Member or verbal, between objector his or objector’s counsel and any other person or entity; h. a list of any persons who will be called her attorney intending to testify make an appearance at the Fairness Hearing in support must: (a) file a notice of appearance with the objection; i. a statement confirming whether the objector intends Court no later than ten (10) days prior to personally appear and/or testify at the Fairness Hearing, or as the Court may otherwise direct; and j. and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Settlement Class Member who fails to comply with the objector’s signature on provisions of this Section 12.02 shall waive and forfeit any and all rights to appear separately and/or to object, and shall be bound by all the written objection (an attorney’s signature is not sufficient)terms of this Settlement, and by all proceedings, orders, and judgments in the litigation.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for Settlement Any Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees fairness of this settlement must file a written objection with the Court, and Expenses. Any written provide a copy of the objection to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemClaims Administrator, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by for SmartPay no later than the Objection Deadline, Deadline as specified in set forth below: (A) In the Notice. For an objection to be considered by the Courtwritten objection, the objection Class Member must also set forth: a. the case name and number of the Action; b. the objector’s state his or her full name, address, email addresscurrent telephone number, the reasons for his or her objection, and telephone number; c. an explanation of the basis upon which Identification Number on the objector claims to Direct Notice. Any supporting documents, evidence, and citations must also be a Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. 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 attached to the objection to the Settlement, the fee application, or the application for Service Awards;Objection. f. the identity of all counsel representing the objector (B) Any Class Member who will objects may appear at the Fairness Final Approval Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Class Member's own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process of objecting, whether written settlement. A Class Member or verbal, between objector his or objector’s counsel and any other person or entity; h. a list of any persons who will be called her attorney intending to testify make an appearance at the Fairness Hearing in support must: (1) file a notice of appearance with the objection; i. Court no later than ten (10) days prior to the Final Approval Hearing, or as the Court may otherwise direct; and (2) serve a statement confirming whether copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to timely file a written objection with the objector intends Court and notice of his or her intent to personally appear and/or testify at the Fairness Final Approval Hearing in accordance with the terms of this Section and as detailed in the Notice, and at the same time provide copies to designated counsel for the Parties, shall not be permitted to object to this Settlement Agreement at the Final Approval Hearing; and j. , shall be foreclosed from seeking any review of this Agreement by appeal or other means, and shall be deemed to have waived his or her objections and be forever barred from making any such objections in the objector’s signature on the written objection (an attorney’s signature is not sufficient)Action or any other related action or proceeding.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees fairness of this settlement must file a written objection with the Court, and Expenses. Any written provide a copy of the objection to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemClaims Administrator, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by for Citizens no later than the Objection Deadline, Deadline as specified in set forth below: A. In the Notice. For an objection to be considered by the Courtwritten objection, the objection Settlement Class Member must also set forth: a. the case name and number of the Action; b. the objector’s state his or her full name, address, email addressthe reasons for his or her objection, and to ensure membership in the Settlement Class, either: (1) the Claim Identification Number on the Postcard Notice; or (2) the cellular telephone number;number(s) on which he or she received a Telephone Call. Any supporting documents, evidence, and citations must also be attached to the Objection. c. an explanation of the basis upon which the objector claims to be a B. Any Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel Member who represent the objector, including any former or current counsel who objects may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process 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 objectingappearance with the Court no later than ten (10) days prior to the Fairness Hearing, whether or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called her intent to testify appear at the Fairness Hearing in support accordance with the terms of this Section and as detailed in the objection; i. a statement confirming whether Notice, and at the objector intends same time provide copies to personally appear and/or testify designated counsel for the Parties, shall not be permitted to object to this Settlement Agreement at the Fairness Hearing; and j. , shall be foreclosed from seeking any review of this Agreement by appeal or other means, and shall be deemed to have waived his or her objections and be forever barred from making any such objections in the objector’s signature on the written objection (an attorney’s signature is not sufficient)Action or any other action or proceeding.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. 89. The Notice Notices shall also include a procedure for advise Settlement Class Members of their rights, including the right to be excluded from or object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees Agreement and Expensesits terms. Any written The Notices shall specify that any objection to the this Settlement must (i) Agreement, and any papers submitted in support of said objection, shall be submitted to received by the Court by filing at the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemFinal Approval Hearing only if, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her/their intention to do so and at the same time: (i) file copies of such papers he/she/they proposes to submit at the Final Approval Hearing with the Clerk of the Court; and (ii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant’s Counsel. A copy of the objection must also set forth:be mailed to the Settlement Administrator at the address that the Settlement Administrator will establish to receive requests for exclusion or objections, Claim Forms, and any other communication relating to this Settlement. a. the case name and number of the Action; b. the objector’s 90. Any Settlement Class Member who intends to object to this Settlement must include in any such objection: (i) their full name, address, email address, and current telephone number; c. an explanation ; (ii) the case name and number of the basis upon which the objector claims to be a Settlement Class Member; d. Litigation; (iii) all grounds for the objection, accompanied by any with factual and legal support for the stated objection; e. the identity of all counsel who represent the objector, including any former supporting materials; (iv) the identification of any other objections they have filed, or current counsel who may be entitled to compensation for has had filed on their behalf, in any reason related to other class action cases in the objection to last four years; and (v) the Settlementobjector’s signature. If represented by counsel, the fee application, or objecting Settlement Class Member must also provide the application for Service Awards; f. name and telephone number of their counsel. If the identity of all counsel representing the objector who will objecting Settlement Class Member intends to appear at the Fairness Final Approval Hearing; g. , either with or without counsel, they must state as such in the written objection and must also identify 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; h. a list of any persons who will be called witnesses they may call to testify at the Fairness Final Approval Hearing in support and all exhibits they intend to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the written objection. 91. Any Settlement Class Member who fails to timely file and serve a written objection and notice of intent to appear at the Final Approval Hearing pursuant to this Agreement, shall not be permitted to object to the approval of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify Settlement at the Fairness Hearing; andFinal Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means. j. 92. Settlement Class Members cannot both object to and exclude themselves from this Settlement Agreement. The Settlement Administrator shall attempt to contact any Settlement Class Member who submits both a request for exclusion and an objection at least one time by e-mail or, if no e-mail address is available, by telephone or U.S. Mail to give the objector’s signature on Settlement Class Member 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 their final choice. Any Settlement Class Member who attempts to both object to and exclude themselves from this Settlement Agreement and fails to clarify their final choice, or if the Settlement Administrator is unable to contact such Settlement Class Member after reasonable effort as set forth in this paragraph, will be deemed to have excluded themselves and will forfeit the right to object to this Settlement Agreement or any of its terms. 93. If a Settlement Class Member returns both a Claim Form and a written objection (request for exclusion, the Settlement Administrator shall attempt to contact the Settlement Class Member at least one time by e-mail or, if no e-mail address is available, by telephone or U.S. Mail. to give the Settlement Class Member an attorney’s signature opportunity to clarify whether they choose to exclude themselves or claim their award. Any Settlement Class Member who attempts to both file a Claim Form and exclude themselves from this Settlement Agreement and fails to clarify their final choice, or if the Settlement Administrator is not sufficient)unable to contact such Settlement Class Member after reasonable effort as set forth in this paragraph, will be deemed to have forfeited their request for exclusion and the Claim Form shall be processed under the terms of this Settlement Agreement.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees fairness of this settlement must file a written objection with the Court, and Expenses. Any written provide a copy of the objection to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemClaims Administrator, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by for NCA no later than the Objection Deadline, Deadline as specified in set forth below: A. In the Notice. For an objection to be considered by the Courtwritten objection, the objection Settlement Class Member must also set forth: a. the case name and number of the Action; b. the objector’s state his or her full name, address, email addressthe reasons for his or her objection, and to ensure membership in the Settlement Class, the telephone number;number on which he or she received a call by or on behalf of NCA during the Class Period. Any supporting documents, evidence, and citations must also be attached to the Objection. c. an explanation of the basis upon which the objector claims to be a B. Any Settlement Class Member; d. all grounds for the objectionMember who objects may, accompanied by any legal support for the objection; e. the identity of all counsel who represent the objectorbut is not required to, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Settlement Class Member’s own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process 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 objectingappearance with the Court no later than ten (10) days prior to the Fairness Hearing, whether or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Settlement Class Member who fails to timely file a written objection with the Court and notice of his or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called her intent to testify appear at the Fairness Hearing in support accordance with the terms of this Section and as detailed in the objection; i. a statement confirming whether Notice, and at the objector intends same time provide copies to personally appear and/or testify designated counsel for the Parties, shall not be permitted to object to this Settlement Agreement at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient).

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to this Agreement must present the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any written objection to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked writing on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Objection/Exclusion Deadline, as specified in the Notice. For an objection to which must be considered personally signed by the Courtobjector, the objection and must also set forth: a. the case name and number of the Action; b. include: (1) the objector’s full name, name and address, email address, and telephone number; c. ; (2) an explanation of the basis upon which the objector claims to be a Settlement Class Member; d. ; (3) all grounds for the objection, accompanied by any including all citations to legal support for authority and evidence supporting the objection; e. ; (4) the identity name and contact information 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, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate to attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify at the Fairness Hearing in support pursuit of the objection; i. objection (the “Objecting Attorneys”); and (5) a statement confirming indicating whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. Final Approval Hearing (either personally or through counsel who files an appearance with the objectorCourt in the Action in accordance with the Local Rules). The notice of objection shall be sent by First Class United States Mail, to (a) Class Counsel, (b) Defendant’s signature on Counsel, and (c) the written Clerk of the Court. If a Settlement Class Member or any of the Objecting Attorneys has objected to any class action settlement where the objector or the Objecting Attorneys asked for or received any payment in exchange for dismissal of the objection, or any related appeal, without any modification to the settlement, then the objection (an attorneymust include a statement identifying each such case by full case caption. Any objector wishing to be heard at the Final Approval Hearing must also file a notice of intent to appear with the Court Clerk’s signature is not sufficient).office and must provide both Class Counsel and Defendant’s Counsel with copies of the notice of intent to appear

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and Expenses. Any fairness of this settlement must file a written objection to the Settlement must (i) be submitted to with the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid provide a copy to Class Counsel and Filters Fast’s counsel and postmarked for Defendant by no later than the Objection Deadline, as specified in . A. In the Notice. For an objection to be considered by the Courtwritten objection, the objection Settlement Class Member must also set forth: a. the case name and number of the Action; b. the objector’s state his or her full name, address, email address, and telephone number;, the reasons for his or her objection, and whether he or she intends to appear at the fairness hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection. c. an explanation of the basis upon which the objector claims to be a B. Any Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel Member who represent the objector, including any former or current counsel who objects may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the objection fairness, reasonableness, or adequacy of this Agreement or the process of objecting, whether written Settlement. A Settlement Class Member or verbal, between objector his or objector’s counsel and any other person or entity; h. a list of any persons who will be called her attorney intending to testify 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 (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Settlement Class Member who fails to comply with the provisions of this Section 12.02 shall waive and forfeit any and all rights to appear separately and/or to object, and shall be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments in the litigation. 13.01. No later than fourteen (14) calendar days prior to the Final Approval 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 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 collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit G, with Class Counsel filing a memorandum of points and authorities in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearingmotion; and, j. B. Counsel for the objector’s signature on Class and Defendant may file a memorandum addressing any objections submitted to the written objection (an attorney’s signature is not sufficient)Settlement.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Class Notice shall also include provide a procedure for members of the Settlement Class Members Classes to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees settlement set forth herein and Expensesany of its terms. Any written objection member of the Settlement Classes who wishes to object to the Settlement settlement must (i) be submitted to the Court by filing the file a timely written statement of objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to with the Clerk of Court, or by filing and mail a copy of that objection with the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class requisite postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by Counsel for Defendant no later than the Objection Deadline, as specified objections deadline set by the Court and set forth in the Class Notice. For an objection to be considered by the Court, the The notice of objection must also set forth: a. state the case name and number of number; the Action; b. basis for, and an explanation of, the objector’s full objection; the name, address, email addresstelephone number, and telephone number; c. an explanation email address of the basis upon which member of the objector claims to be a Settlement Class Member; d. all grounds for Classes making the objection, accompanied by any legal support for ; and a statement of whether the objection; e. member of the identity of all counsel who represent the objector, including any former or current counsel who may be entitled Settlement Classes intends to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Hearing; g. any and all agreements that relate , either with or without counsel. A Settlement Class member who otherwise wishes to the objection or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify speak at the Fairness Hearing in support shall submit a notice of intent to appear to the Court that includes the name, address, and telephone number of the objection; i. a statement confirming whether person that will appear on behalf the objector intends to personally appear and/or testify at Settlement Class member fourteen (14) days before the Fairness Hearing; and j. . The filing of an objection allows Class Counsel the objectoroption to take the deposition of the objecting individual consistent with the Federal Rules of Civil Procedure at an agreed-upon location, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by such individual to make himself or herself available for a deposition or to comply with expedited discovery requests may result in the Court striking such individual’s signature on objection and otherwise denying such individual the opportunity to make an objection or be further heard. The Parties reserve the right to ask the Court to tax the costs of any such discovery to the objecting member of a Settlement Class or such individual’s separate counsel should the Court determine that the objection is frivolous or is made for an improper purpose. In addition, any objection must be personally signed by the member of the Settlement Classes or, if represented by counsel, then by counsel. If the objection is made through an attorney, the written objection must also include: (an attorney1) the identity and number of the members of the Settlement Classes represented by objector’s signature is not sufficient)counsel; and (2) the number of such represented members of the Settlement Classes who have opted out of the settlement contemplated by this Agreement. Any member of the Settlement Classes who fails to make objections in the manner specified above shall be deemed to have waived any objections and shall be foreclosed from making any objections, whether by appeal or otherwise, to the settlement. No member of the Settlement Classes shall be entitled to contest in any way the approval of the terms and conditions of this Agreement or the Order of Final Approval except by filing and serving written objections in accordance with the provisions of this Settlement Agreement. Any member of the Settlement Classes who fails to object in the manner prescribed shall be deemed to have waived and shall be foreclosed forever from raising any objections to the settlement.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall Any Objection regarding or related to the Agreement should identify the name of the lawsuit, Worth v. CVS Pharmacy, Inc., Case No. 16-cv-00498, and also include a procedure for should contain information sufficient to identify and contact the objecting Settlement Class Members to object to Member – including the Settlement and/or to Class CounselMember’s application for Attorneys’ Fees and Expenses. Any written objection to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to be considered by the Court, the objection must also set forth: a. the case name and number of the Action; b. the objector’s full name, address, email current address, and telephone number; c. an explanation , and the name, address, and telephone number of the basis upon which Class Member’s lawyer, if the objector claims to be Class Member is objecting through counsel. The Objection should also contain a clear and concise statement of the Settlement Class Member; d. all grounds ’s objections, and the reasons for each. The Objection should be accompanied by documents sufficient to establish the basis for the objectionSettlement Class Member’s standing (i.e., accompanied by verification as to the date and location of their purchase of the Product or a Proof of Purchase reflecting such purchase). The Objection should also include a list of any documents the Class Member plans to submit to the Court for consideration; a list of legal support authorities for the objection; e. Court’s consideration; and the identity names and addresses of all counsel who represent any witness the objector, including any former or current counsel who may be entitled Class Member wants to compensation for any reason related call to testify. The Objection should also include a statement indicating whether the objection to the Settlement, the fee applicationClass Member, or the application for Service Awards; f. the identity of all counsel representing the objector who Class Member’s lawyer, will appear and speak at the Fairness Hearing; g. any . Finally, the Objection should include the Class Member’s signature, or his/her attorney’s signature. The Objection must be filed with the Court and all agreements should also be served upon CVS’s Counsel and Class Counsel so that relate such papers are actually received by them by the date specified in the Class Settlement Notice. Notwithstanding the foregoing, the decision as to whether a Settlement Class Member has made a valid objection to the objection or settlement is one for the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)Court.

Appears in 1 contract

Sources: Settlement Agreement

Objections. The Notice shall also include a procedure for a. Settlement Class Members to may object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees and ExpensesAgreement by following the instructions on the Notice by the Objection Deadline (defined above). Any written objection To object to the Settlement Agreement or any terms of it, the person making the objection must (i) be submitted a member of the Settlement Class, must not have requested to be excluded from the Settlement, and must file a timely written statement of objection with the Court, and mail a copy of that objection with the requisite postmark to the Court by filing the written objection through the CourtSettlement Administrator, Class Counsel, and Defendant’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline. The notice of objection must state the case name and number; the basis for and an explanation of the objection; the name, as specified in address, telephone number, and email address of the NoticeSettlement Class Member making the objection; a list of any other objections filed; a statement of whether he or she is represented by counsel and, if so, a list of all objections filed by that counsel; and a statement of whether the Settlement Class Member intends to appear at the Final Approval Hearing with or without counsel. For an In addition, any objection to must be personally signed by the Settlement Class Member. Any objection that does not meet the requirements of this paragraph shall not be considered by the Court, unless otherwise ordered by the objection must also set forth: a. the case name and number of the Action;Court. b. the objector’s full name, address, email address, and telephone number; c. an explanation of the basis upon which the objector claims to be a If any objecting Settlement Class Member; d. all grounds for the objection, accompanied by any legal support for the objection; e. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled Member intends to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Final Approval Hearing; g. , either with or without counsel, he/she must state as such in the written objection, and must also identify any and all agreements that relate witnesses he/she may seek to the objection or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called call to testify at the Fairness Final Approval Hearing in support of the objection; i. a statement confirming whether the objector and all exhibits he/she intends to personally appear and/or testify seek to introduce into evidence at the Fairness Final Approval Hearing; and j. the objector’s signature on , which must also be attached to, or included with, the written objection (an attorney’s signature is not sufficient)objection.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for Any Settlement Class Members Member who intends to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees fairness of this settlement must file a written objection with the Court, and Expenses. Any written provide a copy of the objection to the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) systemClaims Administrator, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location of the Court; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by for ERC no later than the Objection Deadline, Deadline as specified in set forth below: (a) In the Notice. For an objection to be considered by the Courtwritten objection, the objection Settlement Class Member must also set forth: a. the case name and number of the Action; b. the objector’s state his or her full name, address, email addressthe reasons for his or her objection, and to ensure membership in the Settlement Class, either: (1) the Claim Identification Number on the Postcard Notice; or (2) the cellular telephone number;number(s) on which he or she received a Telephone Call. Any supporting documents, evidence, and citations must also be attached to the Objection. c. (b) Any Settlement Class Member who objects may appear at the Final Approval Hearing, either in person or through an explanation of attorney hired at the basis upon which the objector claims to be a Settlement Class Member; d. '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 Final Approval Hearing: (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 (b) serve a copy of such notice of appearance on all grounds counsel for all Parties. For any attorney representing an objector, the attorney shall file a declaration listing all objections previously filed for anyone, the case name, court, and case number, and how much, if any amount, was paid in connection with the objection, accompanied by any legal support for . Any Settlement Class Member who fails to timely file a written objection with the objection; e. the identity Court and notice of all counsel who represent the objector, including any former his or current counsel who may be entitled her intent to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear at the Fairness Final Approval Hearing in accordance with the terms of this Section and as detailed in the Notice, and at the same time provide copies to designated counsel for the Parties, shall not be permitted to object to this Agreement at the Final Approval Hearing; g. , shall be foreclosed from seeking any review of this Agreement by appeal or other means, and all agreements that relate shall be deemed to have waived his or her objections and be forever barred from making any such objections in the objection Action or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person action or entity; h. a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; i. a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and j. the objector’s signature on the written objection (an attorney’s signature is not sufficient)proceeding.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Objections. The Notice shall also include a procedure for 8.1. Any Class Member who has any objection to certification of the Class, or to approval of this Settlement Class Members to object or any terms hereof, or to the Settlement and/or approval process must make that objection by the following procedure: 8.1.1. The objection must be in writing; 8.1.2. The objection must set forth all objections and the reasons therefore, and a statement whether the Class Member intends to Class Counselappear at the Certification Hearing or Fairness Hearing either with or without the objector’s application for Attorneys’ Fees and Expensescounsel. Any written The objection must identify any witnesses intended to be called, the Settlement must (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk of Court, or by filing the written objection in person at any location subject area of the Courtwitnesses’ testimony, and all documents to be used or offered into evidence, at the Certification Hearing or Fairness Hearing; 8.1.3. The objection must be signed by the individual Class Member and by his/her/its counsel; (ii) be filed or postmarked on or before the objection deadline provided in the Court’s Preliminary Approval Order; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than the Objection Deadline, as specified in the Notice. For an objection to signed by counsel alone shall not be considered by the Court, the sufficient; 8.1.4. The objection must also set forth: a. contain the case name caption of the Litigation and include the name, mailing address, e-mail address, if any (an e-mail address is not required), and telephone number of the Action; b. the objector’s full name, address, email address, and telephone number; c. an explanation of the basis upon which the objector claims to be a Settlement objecting Class Member; d. 8.1.5. The objection must be mailed to Plaintiffs’ Lead Counsel, ▇▇▇▇▇▇ ▇▇▇▇▇ (Levin, Fishbein, Sedran & ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ 19106), and to InEx counsel, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ (Galloway, Johnson, ▇▇▇▇▇▇▇▇, ▇▇▇▇ & ▇▇▇▇▇, One Shell Square, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇). The objection must be postmarked by the date prescribed by the Court. Plaintiffs’ Lead Counsel shall be obliged to file all grounds for objections with the Court by a date prior to the Certification Hearing and the Fairness Hearing to be determined by the Court. 8.2. Failure to comply timely and fully with these procedures shall result in the invalidity and dismissal of any objection, accompanied by any legal support for the objection; e. the identity of all counsel who represent the objector, including any former or current counsel who may . No Class Member shall be entitled to compensation for any reason related be heard at the Certification Hearing or Fairness Hearing (whether individually or through the objector’s counsel), or to object to certification of the objection Class or to the Settlement, and no written objections or briefs submitted by any Class Member shall be received or considered by the fee application, or the application for Service Awards; f. the identity of all counsel representing the objector who will appear Court at the Certification Hearing or Fairness Hearing; g. any and all agreements that relate to , unless written notice of the Class Member’s objection or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; h. a list of any persons who will be called to testify at the Fairness Hearing brief in support of the objection; i. a statement confirming whether objection have been filed with the objector intends to personally appear and/or testify at Court and served upon Plaintiffs’ Lead Counsel and InEx counsel not later than twenty (20) days before the date of the Certification Hearing or the Fairness Hearing; andHearing as appropriate, in accordance with Section 8.1. j. the objector’s signature on the 8.3. Class Members who fail to file and serve timely written objections in accordance with Section 8.1 shall be deemed to have waived any objections and shall be foreclosed from making any objection (an attorney’s signature is not sufficient)whether by appeal or otherwise) to the certification of the Settlement Class or to the Settlement.

Appears in 1 contract

Sources: Settlement Agreement