Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) state the Class Member’s full name, current mailing address, and telephone number; (b) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, United States District Court for the Eastern District of Pennsylvania, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section shall be deemed to have waived any objections and shall be forever barred from raising such objections.
Appears in 2 contracts
Samples: Class Action Settlement Agreement and Release, Class Action Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Only Settlement Class Members to may object to the Settlement. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, Settlement must do so in writing by the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice DateObjection/Exclusion Deadline. All written objections and supporting papers must clearly (a) state contain and clearly identify the Class Member’s full name, current mailing address, case name and telephone number; and (b) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: to the Class Action Clerk, United States District Court for the Eastern Northern District of PennsylvaniaCalifornia, 000 Xxxxxx Xxxx Xxxxxx, XxxxxxxxxxxxXxxxxxxxx 0 - 00xx Xxxxx, Xxx Xxxxxxxxx, XX 00000 00000, or by filing them in person at any location of the CourthouseUnited States District Court for the Northern District of California. All Written objections must also contain: (1) the full name, address and telephone number of the Settlement Class Member; (2) a written statement of all grounds for the objection accompanied by legal support for the objection (if any); (3) any papers, briefs or other documents upon which the objection is based; (4) a list of all persons who will be filed or postmarked on or before called to testify in support of the Objection Deadline, as set forth above. Any objection (if any); (5) a statement of whether the Settlement Class Member intends to appear at the Fairness Hearing; (6) proof of membership in the Class; (7) a list of all objections filed by the objector and his or her counsel to class action settlements in the last three years; and (8) the signature of the Settlement Class Member and her or his counsel, if any. No Settlement Class Member shall be heard at the Fairness Hearing (whether individually or through separate counsel) unless written notice of the Settlement Class Member’s intention to appear at the Fairness Hearing, and copies of any written objections or briefs, have been timely submitted to the Court. The date of the postmark on the mailing envelope or a legal proof of service accompanied by a file-stamped copy of the submission shall be the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. In the event that the postmark is illegible, the objection and/or notice to appear shall be deemed untimely unless it is received by the Court within two (2) calendar days of the Objection/Exclusion Deadline. Settlement Class Members who does not make their objections fail to timely submit a written objection in the manner and by the date set forth in this Section specified above shall be deemed to have waived any objections and shall be forever barred foreclosed from raising making any objection (whether by appeal or otherwise) to the Settlement. Class Counsel shall, at least fourteen (14) calendar days (or such objectionsother number of days as the Court shall specify) before the Fairness Hearing, file any responses to any written objections submitted to the Court by Settlement Class Members in accordance with this Agreement.
Appears in 2 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Only Settlement Class Members to may object to the Settlement. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, Settlement must do so in writing by the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice DateObjection/Exclusion Deadline. All written objections and supporting papers must clearly (a) state clearly identify the Class Member’s full name, current mailing address, case name and telephone number; and (b) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: to the Class Action Clerk, United States District Court for the Eastern Northern District of PennsylvaniaCalifornia, 000 Xxxxxx Oakland Courthouse, 0000 Xxxx Xxxxxx, XxxxxxxxxxxxXxxxxxxxx 2 - 4th Xxxxx, Xxxxxxx, XX 00000 00000, or by filing them in person at any location of the CourthouseUnited States District Court for the Northern District of California. All Written objections must also contain: (1) the full name, address and telephone number of the Settlement Class Member; (2) a written statement of all grounds for the objection accompanied by any legal support for the objection (if any); (3) copies of any papers, briefs or other documents upon which the objection is based; (4) a list of all persons who will be filed or postmarked on or before called to testify in support of the Objection Deadline, as set forth above. Any objection (if any); (5) a statement of whether the Settlement Class Member intends to appear at the Fairness Hearing; (6) proof of membership in the Class; (7) a list of all objections filed by the objector and his or her counsel to class action settlements in the last ten years; and (8) the signature of the Settlement Class Member and her or his counsel, if any. No Settlement Class Member shall be entitled to be heard at the Fairness Hearing (whether individually or through separate counsel) unless written notice of the Settlement Class Member’s intention to appear at the Fairness Hearing, and copies of any written objections or briefs, have been timely submitted to the Court. The date of the postmark on the mailing envelope or a legal proof of service accompanied by a file-stamped copy of the submission shall be the exclusive means used to determine whether an objection and/or notice of intention to appear has been timely filed and served. In the event that the postmark is illegible, the objection and/or notice to appear shall be deemed untimely unless it is received by the Court within two (2) calendar days of the Objection/Exclusion Deadline. Settlement Class Members who does not make their objections fail to timely submit a written objection in the manner and by the date set forth in this Section specified above shall be deemed to have waived any objections and shall be forever barred foreclosed from raising making any objection (whether by appeal or otherwise) to the Settlement. Class Counsel shall, at least fourteen (14) calendar days (or such objectionsother number of days as the Court shall specify) before the Fairness Hearing, file any responses to any written objections submitted to the Court by Settlement Class Members in accordance with this Agreement.
Appears in 2 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Sectionparagraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (bc) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (ce) identify the specific factual and legal grounds for the objection; (df) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (ei) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (fj) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, United States District Court for the Eastern District of PennsylvaniaMassachusetts, 000 Xxxx Xxxxxx Xxxxxxx U.S. Courthouse, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, XxxxxxxxxxxxXxxxxxxxxxxxx 00000, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objectionsobjections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 2 contracts
Samples: Class Action Settlement Agreement and Release, Class Action Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty seventy-five (6075) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Class Member does not enter an appearance, they will be represented by Class Counsel. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Sectionparagraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty seventy-five (6075) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (bc) include proof that contain a signed statement by the Class Member that he or she believes he or she is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident)Class; (cd) identify the specific factual and legal grounds for the objection; (de) identify state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (f) include all counsel representing documents or writings that the Class Member, if anyMember desires the Court to consider; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (fg) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear (either in person or by telephone or videoconference) at the Final Approval Hearing. All objections must ; (h) be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: to the Clerk’s Office, United States District Court for the Eastern District of PennsylvaniaWisconsin (Green Bay Division), Xxxxxxxxx Xxxxx Xxxxxxxx, 000 Xxxxxx XxxxxxX. Xxxxxxxxx St., XxxxxxxxxxxxRoom 102, XX 00000 Green Bay, Wisconsin, 54301-4541, or by filing them in person at any location of the Courthouse. All objections must United States District Court for the Eastern District of Wisconsin; and (i) be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objectionsobjections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.
Appears in 2 contracts
Samples: Class Action Settlement Agreement and Release, Class Action Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the SettlementSettlement must file a written Objection and/or a notice of intention to appear before the Court at the Fairness Hearing, and serve copies on the Settlement Administrator, Class Counsel, and counsel for NAPG. To be heard at the Fairness Hearing, the Settlement BenefitsClass Members must make any Objection in writing and file it with the Clerk of Court by the Opt-Out and Objection Deadline. The Objection must also be mailed to each of the following, Service Awards, and/or received no later than the Fee Award and Costs, or last day to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action file the objection: (i) Class Counsel via Xxxxxx X. Xxxxx, together with any briefsXXXXX XXXXXXX & XXXXX, papersLLP, statements00 Xxxxx Xxxx Xx., or other materials the Class Member or other person wishes the Court to considerXx. 000, within sixty Xxxx Xxxxxxxx, XX 00000 and D. Xxxx Xxxxxxxxxxx, XXXXXXXXXXX, BLANKINSHIP, XXXX-XXXXXXX & XXXXXX LLP, 000 Xxxxxxxx Xxxxxx, Suite 605, White Plains, NY 10601; and (60ii) days following the Notice DateNAPG’s counsel via Xxxxx Xxxxxxx, XXXXXX & XXXX, LLP, 00 Xxxxxxxx Xxxxxxxx, Xxxxx 000, Xxxxxxx Xxxx, XX 00000. All written objections and supporting papers Any Objection must clearly (a) state attach documents establishing, or provide information sufficient to allow the Parties to confirm that the objector is a Class Member’s full name, current mailing address, and telephone number; (b) include proof that the a statement of such Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident)Member’s specific Objection; (c) identify state the specific factual and legal grounds for the objectionObjection; (d) identify all counsel representing any documents such objector desires the Class Member, if anyCourt to consider; (e) include provide all information requested on the Claim Form. In addition, any Settlement Class Member objecting to the Settlement shall provide a list, including case name, court, and docket number, list of all other cases in which Objections submitted by the objector and/or objector, or the objector’s counsel, to any class action settlements submitted in any Court in the United States in the previous five years. If the Settlement Class Member or his/her or its counsel has filed an objection not objected to any proposed other class action settlement in the past United States in the previous five (5) years; and (f) contain a statement regarding whether , he/she or it shall affirmatively so state in the Class Member (or counsel of his or her choosing) intends Objection. Any Objection to appear at the Final Approval Hearing. All objections be considered timely must be submitted to filed by the Settlement AdministratorObjection Deadline contained on the Preliminary Approval Order. Upon the filing of an objection, Class Counsel identified belowand Defendant’s Counsel may 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 of herself available for deposition or comply with expedited discovery may result in the Court either by mailing them to: Clerk, United States District 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 the Eastern District of Pennsylvania, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section shall be deemed to have waived any objections and shall be forever barred from raising such objectionsan improper purpose.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Sectionparagraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (bc) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security IncidentBreach); (ce) identify the specific factual and legal grounds for the objection; (df) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (ei) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (fj) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, United States District Court for the Eastern Western District of PennsylvaniaMichigan, Southern Division, 000 Xxxxxx Xxxxxxx Xxxx, 000 Xxxxxxxx Xx. XX, Xxxxx Xxxxxx, XxxxxxxxxxxxXX 00000, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objectionsobjections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 1 contract
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court Settlement Administratorand Settlement Class Counsel no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Plaintiff will file all objections with the Court in connection with the filing of her Motion for Final Approval. Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Sectionparagraph. No Class Member or other person will be heard on such matters unless they have filed submitted in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) state the Class Member’s full name, current mailing address, and telephone number; (b) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Administrator and Class Counsel identified below, and to the Court either by mailing them to: Clerk, United States District Court for the Eastern District of Pennsylvania, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them in person at the Courthouse. Counsel.. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objectionsobjections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 1 contract
Objections. The Notice shall explain that the procedure for inform Settlement Class Members that, if they do not request exclusion from the Settlement Classes, they have the right to object to the proposed Settlement is only by submitting written objections complying with the objection provisions set forth in this Section 4.6 of this Agreement. Settlement Class Members who object to the Court no later than sixty (60) days after proposed Settlement shall remain Settlement Class Members and shall have voluntarily waived their right to pursue any independent remedy against the Notice Date (the “Objection Deadline”)Released Parties. Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Settlement Class Member who wishes to object to the Settlement, the proposed Settlement Benefits, Service Awards, and/or the Fee Award and Costs, must file or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate send to the ClassCourt a written objection that is postmarked or filed no later than the Exclusion/Objection Deadline, why a final judgment should not be entered thereoni.e., why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty no later than ninety (6090) days following after the Notice Dateis first mailed. All written objections and supporting papers To be effective, an objection must clearly (a) state include an unequivocal reference to the Class Member’s case name and number of the Litigation, e.g., “Xxxxx x. SafeRent, Case No. 1:22- cv-10800”; (b) contain the full name, current mailing address, and telephone number; (b) include proof that the Class Member is a member number of the Settlement Class Member objecting to the Settlement (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident“Objector”); (c) identify include the specific factual and legal Objector’s signature or the signature or affirmation of an individual authorized to act on the Objector’s behalf; (d) state with specificity the grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include state whether the objection applies only to the Objector, to a listspecific subset of the class, including case name, court, and docket number, of all other cases in which or to the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) yearsentire class; and (f) contain a statement regarding the name, address, bar number, and telephone number of counsel for the Objector, if represented or counseled in any degree by an attorney in connection with the objection; and (g) state whether the Class Member (or counsel of his or her choosing) Objector intends to appear at the Final Approval Hearing, either personally or through counsel. All objections If the Objector or the Objector’s attorney intends to call witnesses or present evidence at the Final Approval Hearing, the objection must be submitted in addition to the requirements above contain the following information: (a) a list identifying all witnesses whom the Objector may call at the Final Approval Hearing and all known addresses and phone numbers for each witness, together with a reasonably detailed report of the testimony the witness will offer at the hearing; and (b) a detailed description of all other evidence the Objector will offer at the Final Approval Hearing, including copies of any and all exhibits that the Objector may introduce at the Final Approval Hearing. To the extent any Settlement Administrator, Class Counsel identified below, and Member objects to the Court either by mailing them to: Clerkproposed Settlement and such objection is overruled in whole or in part, United States District Court for the Eastern District of Pennsylvania, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any such Settlement Class Member who does not make their objections in the manner and will be forever bound by the date set forth in this Section shall be deemed to have waived any objections Final Approval Order and shall be forever barred from raising such objectionsaccompanying Judgment.
Appears in 1 contract
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, does not timely and validly exclude himself or herself from the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to Class may appear at the Final Approval Hearing and show cause, if any, for he or she has any reason why the proposed Settlement of the Action should not be approved as fair, reasonable, and adequate to the Classadequate, why a final judgment Final Judgment should not be entered thereon, why the Settlement Benefits Attorneys’ Fees and Expenses should not be approvedawarded to Class Counsel, or why the Service Awards and/or the Fee Award and Costs an award should not be grantedmade to the Class Representative; provided, may do sohowever, but must proceed as set forth in this Section. No that no Class Member or other person will shall be heard on such matters unless they have filed in this Action or entitled to contest the objectionapproval of the terms and conditions of the proposed Settlement, together with any briefsor, papersif approved, statementsthe Final Judgment to be entered thereon approving the same, or other materials any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Member or other person wishes Representative, unless a written objection is filed with the Court Circuit Clerk of the Twenty-First Judicial Circuit Court, St. Louis County, Missouri, 000 Xxxxx Xxxxxxx Xxxxxx, Clayton, Missouri 63105, and mailed (with the requisite postmark) to considerClass Counsel and TDAF’s counsel (at the addresses identified in Section 19 of the Agreement), within no later than sixty (60) days following before the Notice DateFinal Approval Hearing. All To be valid, the written objections and supporting papers objection must clearly include: (a) state the Class Member’s full name, current mailing address, case name and telephone number; (b) include proof that the Class Member is a member name, address, telephone number of the Settlement Class (e.g.Member objecting and, copy if represented by counsel, of the settlement notice, copy of the original notice of the Data Security Incident)his/her counsel; (c) identify the specific factual and legal grounds basis for the objection; and (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding of whether the Class Member (or counsel of his or her choosing) he/she intends to appear at the Final Approval Hearing, either with or without counsel. All objections must If a party to the RISC or governing loan agreement is deceased, a copy of the death certificate for such person shall be submitted to with the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, United States District Court for the Eastern District objection. Within seven (7) business days of Pennsylvania, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set the Settlement Administrator shall provide a report to the Court setting forth abovea 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 their objections his or her objection in the manner and by the date set forth provided in this Section shall be deemed to have waived such objection, shall not be permitted to object to any objections terms or approval of the Settlement at the Final Approval Hearing, and shall be forever barred foreclosed from raising such objectionsmaking any objection to the fairness, reasonableness, or adequacy of the proposed Settlement as incorporated in the Agreement, and to the award of Attorney’s Fees and Expenses to Class Counsel and the payment of an Incentive Award to the Class Representative, unless otherwise ordered by the Court.
Appears in 1 contract
Samples: Settlement Agreement
Objections. The Notice shall explain that A Settlement Class Member who complies with the procedure for Class Members to requirements of this Paragraph may object to the Settlement and to Plaintiffs’ Motion for Attorneys’ Fees, Costs, and Service Award for the Class Representative. No Settlement Class Member shall be heard, and no papers, briefs, pleadings, or other documents submitted by any Settlement Class Member shall be received and considered by the Court, unless the objection is: (a) filed with the Clerk of Court by the Objection Deadline, which is by submitting written objections to the Court no later than sixty (60) days Days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Sectionthe Settlement Agreement and as specified in the Notice; and (b) mailed to Settlement Class Counsel and Froedtert’s Counsel at the addresses listed in the Notice, and postmarked by no later than the Objection Deadline. No Class Member or other person will be heard on such matters unless they have filed in this Action Each Objection must (i) set forth the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) state the Settlement Class Member’s full name, current mailing address, and telephone number, and email address; (bii) include contain the Settlement Class Member’s original signature; (iii) contain proof that the Settlement Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security IncidentWebsite Usage Disclosure); (civ) identify state that the specific Settlement Class Member objects to the Settlement, in whole or in part; (v) set forth a statement of the legal and factual and legal grounds basis for the objectionObjection; (dvi) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position; (vii) identify all counsel representing the Settlement Class Member, if any; (eviii) include contain the signature of the Settlement Class Member’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation; and (ix) contain a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five three (53) years; and (f) contain a statement regarding whether the . Any Settlement Class Member (who fails to comply in full with the requirements for objecting in the Settlement Agreement, the Notice, and any Court orders will forever waive and forfeit any and all rights he or counsel she may have to raise any objection to the Settlement Agreement, will not be permitted to object to the approval of his or her choosing) intends to appear the Settlement at the Final Approval Hearing. All objections must , will be submitted to foreclosed from seeking any review of the Settlement Administrator, Class Counsel identified belowor the terms of the Settlement Agreement by appeal or other means, and to will be bound by the Court either Settlement Agreement and by mailing them to: Clerkall proceedings, United States District Court for the Eastern District of Pennsylvaniaorders, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections and judgments in the manner and by the date set forth in this Section shall be deemed to have waived any objections and shall be forever barred from raising such objectionsLawsuit.
Appears in 1 contract
Samples: Settlement Agreement
Objections. The Notice shall explain that the procedure for Class Members to object to the 55. A Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement. To exercise this certified or objection right, the Settlement Benefits, Service Awards, and/or Class Member must provide written notice of the Fee Award and Costs, objection via certified or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate first class mail to the ClassCourt, why a final judgment should not be entered thereon, why Class Counsel and Defendant’s Counsel. Such notice shall state: (1) the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) state the Class Memberobjector’s full name, current mailing address, telephone number, and telephone e-mail address; (2) documents or information required on the Claim Form and sufficient to identify the objector as a Settlement Class Member, including but not limited to the pistols serial number; (b3) include proof that a written statement of all grounds for the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and objection accompanied by any legal grounds support for the objection; (d4) identify the identity of all counsel representing the Class Member, if anyobjector; (e5) include a list, including case name, court, and docket number, the identity of all counsel representing the objector who may appear at the Final Fairness Hearing; (6) all other cases in which the objector and/or (directly or through counsel) or the objector’s counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement settlement, or has been a named plaintiff in any class action or served as lead plaintiff class counsel, including the past five case name, court, and docket number for each; (57) yearsa list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (8) a statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; and (f9) contain a statement regarding whether the objector’s signature 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 (or counsel who fails to file and serve timely a written objection containing all of his or the information listed in the items listed above in the previous paragraph, including notice of his/her choosing) intends intent to appear at the Final Approval Hearing. All objections must final approval hearing, shall not be submitted permitted to object to the Settlement Administratorand shall be foreclosed from seeking any review of the settlement or the terms of the Settlement Agreement by any means, including but not limited to an appeal. Such objection must be postmarked or personally delivered on such schedule as the Court may direct. The submission of an objection allows Class Counsel identified belowof SIG Xxxxx’x Counsel to take the deposition of the objecting Settlement Class Member pursuant to the Federal Rules of Civil Procedure at an agreed-upon time and location, and to obtain any evidence relevant to the objection. Failure by an objector to make himself or herself available for a deposition or to comply with expedited discovery requests may result in the Court either 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 (60) days after the publication of the final notice to be published pursuant to Section V. Objections sent by mailing them to: Clerk, United States District Court for the Eastern District of Pennsylvania, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any any Settlement Class Member who does to incorrect locations shall not make their objections in the manner and by the date set forth in this Section shall be deemed to have waived any objections and shall be forever barred from raising such objectionsvalid.
Appears in 1 contract
Samples: Settlement Agreement
Objections. The Notice shall explain that inform the procedure for Class Members of their right to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”)if they do not submit a valid Opt-Out Request. Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Participating Class Member who wishes to object to the SettlementSettlement must file and deliver a written objection with the Court and serve copies of the written objection to Class Counsel and Defense Counsel by no later than the Opt-Out Deadline. The date of delivery of the written objection is deemed to be the date the objection is deposited in the United States mail, postage prepaid, as evidenced by the postmark. If postmark dates differ, the later of the two postmark dates will control. The objection must include the objector’s name, address, telephone number, email address (if applicable), and the case name and number, and must set forth, in clear and concise terms, a statement of the reason(s) why the objector believes that the Court should find that the Settlement Benefits, Service Awards, and/or is not in the Fee Award best interest of the Class Members and Costs, or to appear at the Final Approval Hearing and show cause, if any, for reasons why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why including the Service Awards and/or the Fee Award legal and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action factual argument(s) supporting the objection, together with any briefs, papers, statements, or other materials . The Notice shall advise Class Members that objections shall only be considered if the Class Member has not submitted an Opt-Out Request; in other words, to file an objection or other person wishes voice an oral objection, the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers objecting Class Member must clearly (a) state the be a Participating Class Member’s full name. Notwithstanding the above, current mailing address, and telephone number; (b) include proof that the a Class Member is a member of may make an oral objection to the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear by appearing at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court Fairness Hearing and providing such an oral objection either by mailing them to: Clerk, United States District Court for the Eastern District of Pennsylvania, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them in person or through a separate lawyer retained at the Courthousetheir own expense. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Participating Class Member Members who does not fail to make their timely written objections in the manner specified above, or who fail to make an oral objection at the Final Approval and by the date set forth in this Section Fairness Hearing, shall be deemed to have waived any objections and oppositions to the Settlement’s fairness, reasonableness, and adequacy, and shall be forever barred foreclosed from raising such objectionsmaking any objection (whether by appeal or otherwise) to the Settlement. However, the requirement that the Participating Class Member submit a written objection may be excused by the Court in the Court’s discretion. None of the Parties, their counsel, nor any person on their behalf, shall seek to solicit or otherwise encourage anyone to object to the Settlement, or appeal from any order of the Court that is consistent with the terms of this Settlement.
Appears in 1 contract
Samples: Final Settlement Agreement
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. If a Class Member does not enter an appearance, they will be represented by Class Counsel. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Sectionparagraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (bc) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Network Incident); (ce) identify the specific factual and legal grounds for the objection; (df) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (ei) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (fj) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: to the Clerk’s Office, Office of the Westchester County Clerk, United States District Court for the Eastern District of PennsylvaniaLegal Division, 000 Xx. Xxxxxx XxxxxxXxxxxx Xxxx Xx. Blvd. White Plains, XxxxxxxxxxxxNY 10601, XX 00000 or by filing them in person at the CourthouseSupreme Court of the State of New York, Westchester County, and a copy of all objections must be served upon Class Counsel identified below. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objectionsobjections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 1 contract
Objections. The Notice shall explain that Any Class Member seeking to challenge (hereafter to "object" or an "objection") this Settlement, their representation in this matter (including all appeals or other requests for review in this matter) by Class Counsel, or any aspect of this litigation (including all appeals or other requests for review in this matter) must raise same with the procedure for Court in the manner and time set forth herein and in the Court's Preliminary Approval Order, or be forever barred from raising same here or in any other case, proceeding, or forum. Any objection by a Class Members Member, and any papers, briefs, arguments, evidence and any other material to object to be offered in support of said objection ("Supporting Materials"), will be considered by the Court at the Settlement is Hearing, only if, on or before the deadline for making an objection, the Class Member making an objection files notice of their intention to do so and at the same time files copies of such Supporting Materials with the Clerk of the Court, and properly serves by submitting written objections the same date copies of same to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”)both Class Counsel and Michaels Counsel. Any Class Member may enter making an appearance objection must include in the Actionobjection or attached thereto: a) his/her full name and address; b) all arguments, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonablecitations, and adequate to Supporting Materials; c) a statement that the Class, why objector is a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) state the Class Member’s full name, current mailing address, ; and telephone number; (b) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which statement whether the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, United States District Court for the Eastern District of Pennsylvania, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 Hearing with or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth abovewithout counsel. Any Class Member who failing to timely serve his/her written objection on Class Counsel and Michaels Counsel and timely file his/her objection with the Court, or whose objection does not accurately contain items (a) through (d) of this Section shall not be permitted to make their objections such objection or any other objection. Any Class Member timely filing and serving his/her objection accurately containing items (a) through (d) of this Section 3.4, but without notice of intent to appear at the Settlement Hearing in accordance with the terms of this Section and as detailed in the manner Full Notice, shall not be permitted to appear or argue at the Settlement Hearing, and his/her objection will be considered on the Supporting Materials only. Only those arguments and Supporting Materials contained in a timely filed and served objection, which accurately contains items (a) through (d) of this Section will be considered by the date set forth in Court. Any Class Member that does not timely his/her objection, or does not accurately include items (a) through (d) of this Section 3.4 in the objection, is foreclosed from seeking any review by appeal or other means and shall be deemed to have waived any objections his or her objection and shall be is forever barred from raising making any such objectionsobjection in the Action or any other action or proceeding or forum. The Court's determination on objections is final and is not subject to appeal, reconsideration, collateral attack or otherwise.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Objections. The Notice shall explain that Any Settlement Class Member who has not opted out of the procedure for Settlement Class Members pursuant to Section 3.5, below, and who wants to object to the Settlement is Agreement must mail a written objection, signed by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action the objectionhis/her legal representative, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) state the Class Member’s full name, current mailing address, and telephone number; (b) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Class Counsel identified belowno later than seventy-five (75) calendar days after the Preliminary Approval Order, unless the Court orders otherwise. The delivery date is deemed to be the date the objection is deposited in the U.S. Mail as evidenced by the postmark. Written objections must include: (a) the name and case number of the Action, “Bruun v. Red Xxxxx Gourmet Burgers, Inc., District Court Xxxxx County Nevada, Case No. A-20-814178-C; (b) the full name, address, e-mail address, and to telephone number of the Court either by mailing them to: Clerkperson objecting; (c) the words “Notice of Objection” or “Formal Objection”; and (d) in clear and concise terms, United States District Court for the Eastern District legal and factual arguments supporting the objection, including an attestation, under the penalty of Pennsylvaniaperjury, 000 Xxxxxx Xxxxxx, Xxxxxxxxxxxx, XX 00000 or by filing them of facts demonstrating that the person objecting is a Settlement Class Member. The objecting Settlement Class Members must also provide all documents that will be used in person at support of the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth aboveobjection. Any Settlement Class Member who does not make their objections in the manner and by the date set forth that mails a written objection as described in this Section shall has the option to appear at the Fairness Hearing, either in person or through counsel hired at the Settlement Class Member’s expense, to object to the Settlement Agreement, as long as the Settlement Class Member or his or her attorney intending to make an appearance at the Fairness Hearing so indicated in an objection under a heading of “Notice of Intent to Appear.” Only Settlement Class Members who timely mail objections containing Notices of Intent to Appear may speak at the Fairness Hearing. Settlement Class Members who fail to submit written objections as described in this Section will be deemed to have waived any objections and will be foreclosed from making any objections (whether by a subsequent objection, intervention, appeal, or any other process) to the Settlement Agreement, and the Settlement Class Members asserting such an objection shall be forever barred from raising such objectionsbound by the final determination of the Court. Within three (3) calendar days of receiving any objection, the Settlement Administrator will provide copies of the objection to Settlement Class Counsel and Red Robin’s Counsel.
Appears in 1 contract
Samples: Settlement Agreement and Release
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Sectionparagraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (bc) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security IncidentBreach); (ce) identify the specific factual and legal grounds for the objection; (df) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (ei) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (fj) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: Clerk, United States District Court for the Eastern District of PennsylvaniaMichigan, Xxxxxxxx Xxxxx U.S. Courthouse, 000 Xxxxxx XxxxxxX. Xxxxxxxxx Xxxx., XxxxxxxxxxxxXxxxxxx, XX 00000 Xxxxxxxx 00000, or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section paragraph shall be deemed to have waived any objections and shall be forever barred from raising such objectionsobjections in this or any other action or proceeding, absent further order of the Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of the Class Action Settlement Agreement, and the Final Approval Order and Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and not through a collateral attack.
Appears in 1 contract
Objections. The Notice shall explain that the procedure for Class Members to object to the Settlement is by submitting written objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and Costs, or to appear at the Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable, and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this Section. No Class Member or other person will be heard on such matters unless they have filed in this Action the objection, together with any briefs, papers, statements, or other materials the Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) state the Class Member’s full name, current mailing address, and telephone number; (b) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Security Incident); (c) identify the specific factual and legal grounds for the objection; (d) identify all counsel representing the Class Member, if any; (e) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; and (f) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing. All objections must be submitted to the Settlement Administrator, Class Counsel identified below, and to the Court either by mailing them to: ClerkSupreme Court of the State of New York, United States District Court for the Eastern District of PennsylvaniaNew York County, 000 00 Xxxxxx XxxxxxXx, XxxxxxxxxxxxXxx Xxxx, XX 00000 or by filing them in person at the Courthouse. All objections must be filed or postmarked on or before the Objection Deadline, as set forth above. Any Class Member who does not make their objections in the manner and by the date set forth in this Section shall be deemed to have waived any objections and shall be forever barred from raising such objections.
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