Opt-Out Procedures. 5.1. All Persons who wish to exclude themselves from the Settlement Class shall be advised of the process for doing so that must be followed to be excluded. The procedure for requesting exclusion from the Settlement Class (the “Opt-Out Procedure”) shall be set forth in the Preliminary Approval Order, and shall be subject to the Court’s approval. Settlement Class Counsel will provide Defense Counsel with a draft of the Opt-Out Procedure before filing the motion for preliminary approval. Defense Counsel may provide feedback concerning the Opt-Out Procedure, and Settlement Class Counsel will meet and confer with Defense Counsel in good faith regarding their feedback.
5.2. All requests to opt out of the Settlement Class that fail to satisfy the requirements of the Opt-Out Procedure, as well as any additional requirements the Court may impose, shall be void. Each Person who submits an opt-out request must do so individually and separately; no consolidated or group opt-outs shall be accepted.
5.3. All Settlement Class Members shall in all respects be bound by all terms of this Settlement Agreement, and the Final Approval Order and Judgment finally dismissing the Settlement Class Released Claims as against the Defendant Releasees, and shall be permanently barred from commencing, instituting, or prosecuting any action based on any Settlement Class Released Claims against the Defendant Releasees in any court of law or equity, arbitration, tribunal, or administrative or other forum. Any Opt-Outs shall not be bound by this Settlement Agreement; shall not be eligible to apply for or receive any benefit under the terms of this Settlement Agreement; and shall not be entitled to submit an objection to this Settlement Agreement.
Opt-Out Procedures. 4.1 Each Person wishing to opt-out of the Class shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Settlement Administrator. The written notice must clearly manifest a Person’s intent to opt-out of the Class. To be effective, written notice must be postmarked no later than the Opt-Out Date, as defined in ¶ 1.19.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of the Class, as set forth in ¶ 1.19 above, referred to herein as “Opt-Outs,” shall not receive any benefits of and/or be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Class who do not validly opt-out of the Class shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3 If the Settlement Administrator receives more than 5,000 Opt-Outs from the Settlement, Defendant shall have the right to terminate the Settlement Agreement in its entirety. However, Defendant shall remain responsible for the payment of any administrative or notice costs already incurred.
Opt-Out Procedures. Class Members who wish to opt out of and be excluded from the Settlement must submit a Request for Exclusion to the Class Administrator, postmarked or submitted online no later than the Opt-Out Deadline. The Request for Exclusion must be personally completed and submitted by the Class Member or his or her attorney, and so-called “mass” or “class” opt-outs shall not be permitted or recognized. The Class Administrator shall periodically notify Class Counsel and Colgate-Palmolive’s counsel of any Requests for Exclusion. All Class Members who submit a timely, valid Request from Exclusion will be excluded from the Settlement and will not be bound by the terms of this Agreement, and all Class Members who do not submit a timely, valid Request for Exclusion will be bound by this Agreement and the Judgment, including the release in Paragraph 8.1 below.
Opt-Out Procedures. 4.1 Each Person wishing to opt-out of the Class shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Settlement Administrator. The written notice must clearly manifest the Person’s intent to opt-out of the Class. To be effective, written notice must be postmarked no later than the Opt-Out Date.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of the Class (hereinafter, “Opt-Outs”) shall not receive any benefits of and shall not be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Class who do not opt-out of the Class in the manner set forth in this Agreement shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3 If the Settlement Administrator receives more than 5% of the Class Opt-Outs from the Settlement, then Defendant shall have the right to terminate the Settlement Agreement in its entirety.
Opt-Out Procedures. The Class Notice shall also provide that Settlement Class Members who wish to exclude themselves (i.e., opt out) from the Settlement Class must mail a letter to the Settlement Administrator requesting exclusion from the Settlement Class on or before the Objection/Opt-Out Deadline. An Opt-Out request must: (i) be in writing;
Opt-Out Procedures. 4.1 Each Person wishing to opt-out of the Settlement Class shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administrator. The written notice must clearly manifest a Person’s intent to opt-out of the Settlement Class. To be effective, written notice must be postmarked no later than the Opt-Out Date, as defined in ¶ 1.18.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any benefits of and/or be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not opt-out of the Settlement Class in the manner set forth in ¶ 4.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3 In the event that within ten (10) days after the Opt-Out Date as approved by the Court, there have been more than 350 timely and valid Opt-Outs submitted, Defendants may, by notifying Proposed Settlement Class Counsel and the Court in writing, void his Settlement Agreement. If Defendants void the Settlement Agreement pursuant to this paragraph, Defendants shall be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Proposed Settlement Class Counsel and service awards.
Opt-Out Procedures. 8.01 Each Settlement Class Member wishing to opt out of the Settlement Class shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Settlement Administrator or submitted electronically on the Settlement Website. The written opt out notice must clearly manifest a person’s intent to be excluded from the Settlement Class.
a. The written opt out notice must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement Class; and the individual’s signature.
b. To be effective, written opt out notice must be postmarked no later than one hundred and twenty (120) days from the Preliminary Approval Date.
c. The Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel may move to file under seal with the Court no later than ten (10) days prior to the Final Approval Hearing.
8.02 No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.
8.03 All persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any benefits of or be bound by the terms of this Settlement Agreement.
8.04 All persons falling within the definition of the Settlement Class who do not submit valid and timely notices of their intent to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Judgment entered thereon.
Opt-Out Procedures. 2 4.1 Each Person wishing to opt-out of the Settlement Class shall individually sign and timely 3 submit written notice of such intent to the designated Post Office box established by the Claims
Opt-Out Procedures. 10 7.1 Each Settlement Class Member wishing to exclude themselves from the 11 Settlement Class must individually sign and timely submit a written Request for Exclusion to the 12 address designated by the Claims Administrator or online through the Settlement Website. 13
7.2 To be effective, a Request for Exclusion must be postmarked or submitted through the Settlement Website no later than 90 days after the Notice Deadline or such other date set by 16 the Court in the Preliminary Approval Order. The Request for Exclusion must state: (i) the 17 Settlement Class Member’s name, address, and telephone number; (ii) the name and number of 18 this case, In re MCG Health Data Security Issue Litigation, Case No. 2:22-cv-0849-RSM-DWC;
Opt-Out Procedures. 4.1 Each Person wishing to opt-out of the Settlement Class shall individually sign and timely submit a written notice to the Claims Administrator of such intent by (a) mailing it with a postmark by the Opt-Out Date to the designated Post Office box established by the Claims Administrator or (b) emailing it to the Claims Administrator using the email address provided on the Settlement Website. The written notice must clearly manifest a Person’s intent to opt-out of the Settlement Class. To be effective, written notice must be postmarked or emailed no later than the Opt-Out Date.
4.2 All Persons who submit valid and timely notices of their intent to opt-out and not be a Settlement Class Member, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any benefits of and/or be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not opt-out of the Settlement Class in the manner set forth in ¶ 4.1 above shall be bound by the terms of this Settlement Agreement and Final Approval Order entered thereon.
