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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void. 4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval. 4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Opt-Out Procedures. 4.15.1. Each Person wishing All Persons who wish to optexclude 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 individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administratorbe void. Persons wishing to 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 will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from Released Claims as against the Settlement Class. To be effectiveDefendant Releasees, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2permanently 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. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Any Opt-Outs,” Outs shall not receive any benefits of and/or be bound by this Settlement Agreement; shall not be eligible to apply for or receive any benefit under the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do ; and shall not request be entitled to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish submit an objection to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Opt-Out Procedures. 4.1. Each Person individual wishing to opt-out of exclude themselves from 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. Persons Individuals wishing to opt-opt out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s an individuals intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after by the date on which the Notice Program commences pursuant to ¶ 3.2Opt-Out Date. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s Defendants counsel, are ineffectual and shall be deemed null and void.
4.2. All Persons individuals who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “OptOpt-Outs,” Outs, shall not receive any benefits of and/or be bound by the terms of this Settlement Agreement. All Persons individuals falling within the definition of the Settlement Class who do not request to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s Defendants counsel a complete list of all timely and valid requests for exclusion (the “OptOpt-Out List”List). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Fairness Hearing, Class Counsel shall file this list of Opt-Out members List with the Court for purposes of being attached to the Judgment to be entered upon Final final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Opt-Out Procedures. 4.18.1 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. Class Counsel will propose an Opt-Out Procedure that mirrors the procedure the Court preliminarily approved in connection with the JLI Class Action Settlement, MDL No. 2913, ECF No. 3779.
8.2 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 and such person shall be bound by the settlement once approved and final. Each Person wishing to who submits an opt-out request must do so individually and separately; no consolidated or group opt-outs shall be accepted.
8.3 Other than a parent or guardian acting on behalf of a minor or other individual, no Person may opt-out of the Settlement Class on behalf of any other Person.
8.4 All Settlement Class Members shall individually sign in all respects be bound by all terms of this Altria Class Settlement Agreement, and timely the Final Approval Order and Judgment finally dismissing the Settlement Class Released Claims as against the Released Parties, and shall be permanently barred from commencing, instituting, or prosecuting any action based on any Settlement Class Released Claims against the Released Parties in any court of law or equity, arbitration, tribunal or administrative or other forum. Any Opt-Outs shall not be bound by this Altria Class Settlement Agreement; shall not be eligible to apply for or receive any benefit under the terms of this Altria Class Settlement Agreement; and shall not be entitled to submit written notice of such intent an objection to this Altria Class Settlement Agreement.
8.5 Plaintiffs’ counsel and Defense Counsel agree that they will make no effort to solicit any Person who falls within the designated Post Office box established by the Claims Administrator. Persons wishing to opt-out scope of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded exclude themselves from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed this Altria Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Opt-Out Procedures. 4.1. Each Person wishing to opt-out of exclude themselves from 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. Persons wishing to opt-opt out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after by the date on which the Notice Program commences pursuant to ¶ 3.2Opt-Out Date. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHCSystems East’s counsel, are ineffectual and shall be deemed null and void.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHCSystems East’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Fairness Hearing, Class Counsel shall file this list of Opt-Out members List with the Court for purposes of being attached to the Judgment to be entered upon Final final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. Opt-outs must be exercised individually by a Class Member, not as or on behalf of a group, class, or subclass, except that the individual exclusion requests may be submitted by a Class Member’s legal representative. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidDeadline.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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. A list of Class Members submitting a timely request for exclusion shall be prepared by the Claims Administrator to be submitted to the Court with the Motion for Final Approval.
4.3. All Persons falling within the definition of the Settlement Class who do not request to be excluded from 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, and their claims shall be released as provided for herein. Within seven (7) days after the OptA Class Member is not entitled to submit both an opt-Out Dateout request and a Claim Form. If a Class Member submits both an opt-out request and a Claim Form, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel will send a complete list of all timely and valid requests for exclusion (letter explaining that the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basismay not make both of these requests, and asking the objecting Settlement Class Member is required to make a final decision as to whether to opt out or submit a Claim Form and inform the Claims Administrator of that decision within ten (10) days. If the Class Member does not respond to any written discovery within fourteen (14) days and must appear for deposition that communication within fourteen (14) days after a deposition it is noticed. No later than 10 days prior to mailed (or by the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with deadline, whichever is later), the Court for purposes Class Member will be treated as having opted out of being attached to the Judgment to be entered upon Final approvalClass.
4.4. In the event that there have been more within ten (10) days after the Opt-Outs Out Date as approved by the Court, more than five hundred (persons who wish to be excluded500) than listed in a separate letter agreement (to be shared with the Court under sealPersons have filed Opt-Outs, if requested), PTHC then CSS may, by notifying Proposed Settlement Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC CSS voids this the Settlement Agreement pursuant to this paragraph, PTHC CSS shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Settlement Class Counsel and Class Plaintiff’ Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. 4.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHCOFP’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. 4.4 In the event that within ten (10) days after the Opt-Out Date as approved by the court, there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC OFP may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC OFP voids this Settlement Agreement pursuant to this paragraph, PTHC OFP shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys fees, costs, and litigation costs expenses of Proposed Class Counsel and any service incentive award.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void3.2(d).
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any cash 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than one hundred (100) timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC GCBS may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC GCBS voids this the Settlement Agreement pursuant to this paragraph, PTHC GCBS shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void3.2(d).
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any cash 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than twenty (20) timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC Syracuse may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Syracuse voids this the Settlement Agreement pursuant to this paragraph, PTHC Syracuse shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and any service awardaward and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.18.1 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. Defense Counsel may provide feedback concerning the Opt-Out Procedure, and Class Counsel will meet and confer with Defense Counsel in good faith regarding their feedback.
8.2 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 wishing to who submits an opt-out request must do so individually and separately; no consolidated or group opt-outs shall be accepted.
8.3 Other than a parent or guardian acting on behalf of a minor or other individual, no Person may opt-out of the Settlement Class on behalf of any other Person.
8.4 All Settlement Class Members shall individually sign in all respects be bound by all terms of this Class Settlement Agreement, and timely the Final Approval Order and Judgment finally dismissing the Settlement Class Released Claims as against the Released Parties, and shall be permanently barred from commencing, instituting, or prosecuting any action based on any Settlement Class Released Claims against the Released Parties in any court of law or equity, arbitration, tribunal or administrative or other forum. Any Opt-Outs shall not be bound by this Class Settlement Agreement; shall not be eligible to apply for or receive any benefit under the terms of this Class Settlement Agreement; and shall not be entitled to submit written notice of such intent an objection to this Class Settlement Agreement.
8.5 Plaintiffs’ and Defense Counsel agree that they will make no effort to solicit any Person who falls within the designated Post Office box established by the Claims Administrator. Persons wishing to opt-out scope of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded exclude themselves from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed this Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 1 contract
Samples: Class Settlement Agreement
Opt-Out Procedures. 4.1. (A) Each Person wishing to opt-opt out of the Settlement Class shall individually sign and timely submit written notice of such intent to the designated Post Office box or email address established by the Claims Settlement Administrator. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a provide the Person’s intent full name, email address, the name and number of the case, and a clear statement that they wish to be excluded from the Settlement ClassClass for purposes of this Settlement. Any written notice sent by mail must also be personally signed by the Person requesting exclusion. So-called “mass” or “class” opt-outs shall not be allowed.
(B) To be effective, written notice must be postmarked or emailed no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2Plan commences. All opt-out requests Postmark dates shall constitute timely mailing. A written notice that does not include all of the information in the preceding paragraph, or that is sent to anyone an address other than that designated by the Claims Settlement Administrator, including requests previously sent to Proposed or that is not timely postmarked or emailed, shall be invalid, and the Person(s) serving such request shall be a Settlement Class Counsel and/or PTHC’s counsel, are ineffectual Member and shall be deemed null and voidbound as a Settling Class Member by this Agreement, if approved.
4.2. (C) Within ten (10) Business Days following the deadline set by the Court for the filing of requests to opt out of the Settlement, the Settlement Administrator and Plaintiffs’ Co- Counsel will provide Drizly’s Counsel with any requests to opt-out.
(D) All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 above shall be bound by the terms of this Settlement Agreement and Final Judgment entered thereon.
4.3. Within seven (7E) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties and their respective counsel agree that they will have make no effort to suggest, solicit, facilitate or otherwise encourage potential Class Members to opt out of the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approvalSettlement.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 1 contract
Samples: Settlement Agreement
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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. Opt-outs must be exercised individually by a Class Member, not as or on behalf of a group, class, or subclass, except that the individual exclusion requests To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidDeadline.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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. A list of Class Members submitting a timely request for exclusion shall be prepared by the Claims Administrator to be submitted to the Court with the Motion for Final Approval.
4.3. All Persons falling within the definition of the Settlement Class who do not request to be excluded from 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, and their claims shall be released as provided for herein. Within seven (7) A Class Member is not entitled to submit both an opt-out request and a Claim Form. If a Class Member submits both an opt-out request and a Claim Form, the Claims Administrator will send a letter explaining that the Class Member may not make both of these requests, and asking the Class Member to make a final decision as to whether to opt out or submit a Claim Form and inform the Claims Administrator of that decision within 10 days. If the Class Member does not respond to that communication within 14 days after it is mailed (or by the Opt-Out Datedeadline, whichever is later), the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and treated as having opted out of the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approvalClass.
4.4. In the event that there have been more within ten (10) days after the Opt-Outs (persons who wish to be excluded) Out Date as approved by the Court, more than listed in a separate letter agreement (to be shared with the Court under seal500 Persons have filed Opt-Outs, if requested), PTHC then OSF may, by notifying Proposed Settlement Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC OSF voids this the Settlement Agreement pursuant to this paragraph, PTHC OSF shall be obligated to pay all settlement expenses already incurred, subject alr Counsel and Class recovery of same from any other party to the aggregate cap provided under ¶ 2.3, excluding Litigation or from counsel to any attorney’s fees and litigation costs of Proposed Class Counsel and any service awardother party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. Each Person individual wishing to opt-out of exclude themselves from 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. Persons Individuals wishing to opt-opt out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Personan individual’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after by the date on which the Notice Program commences pursuant to ¶ 3.2Opt-Out Date. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s Teijin’ counsel, are ineffectual and shall be deemed null and void.
4.2. All Persons individuals who submit valid and timely notices of their intent to be excluded from 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 individuals falling within the definition of the Settlement Class who do not request to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s Teijin’ counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Fairness Hearing, Class Counsel shall file this list of Opt-Out members List with the Court for purposes of being attached to the Judgment to be entered upon Final final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 5.1 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. Persons wishing to opt-out of the Settlement Class members will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice of intent to opt-out must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety the Opt-Out Date, twenty-eight (9028) days after before the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidFinal Fairness Hearing.
4.2. 5.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 Section 5.1 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 request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 Section 5.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3. Within seven 5.3 In the event that within ten (710) days after the Opt-Out Date, Date as approved by the Claims Administrator shall furnish to Proposed Court more than 20% of the Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will Members have the same exercised their right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigationopt-out, including the right to take the objectorJerome’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five three (53) days of receiving the Opt-Out List from the Settlement Administratordays, void this Settlement Agreement. If PTHC Jerome’s voids this the Settlement Agreement pursuant to this paragraphSection, PTHC Jerome’s shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and any service awardService Award, and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.133. Each Person wishing Under the procedure set forth in the Notice, Settlement Class Members have the right and ability to opt-out of exclude themselves from the Settlement Class shall individually sign and timely submit written notice of such intent as set forth in the proposed Preliminary Approval Order. In order to validly be excluded from the designated Post Office box established by the Claims Administrator. Persons wishing to opt-out of Settlement, the Settlement Class will only be able Member must send a letter to submit an opt- out request on their own behalf; mass the Claims Administrator no later than sixty (60) days after the Notice Date, stating he or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent she wants to be excluded from the Settlement ClassSettlement, and include his or her name, address, and signature. To be effective, written notice must be postmarked no later than ninety (90) days after If the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent is untimely or otherwise fails to anyone other than comply with any of the Claims Administratorprovisions for a valid opt-out, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and it shall not be deemed null and voidconsidered a valid opt-out.
4.234. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” Class 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 request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 above Paragraph 33, above, shall be bound by the terms of this Settlement Agreement and Final Judgment entered thereon.
4.335. Within seven The Claims Administrator shall cause copies of timely requests for exclusion from Settlement Class Members to be provided to Class Counsel and Xxxxx’x Counsel as they are received. No later than ten (710) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed provide Class Counsel and PTHC’s counsel Xxxxx’x Counsel a complete and final list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting known Settlement Class Member as they would if Members who have excluded themselves from the objector was a party in the Litigation, including the right to take the objector’s depositionSettlement. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file provide this list of Opt-Out members with information to the Court for purposes of being attached to before the Judgment to be entered upon Final approvalFairness Hearing.
4.436. In the event that there have been more Opt-Outs within ten (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (510) days of receiving after the Opt-Out List from the Settlement AdministratorDate, there have been requests for exclusion totaling more than two hundred and fifty (250) individuals, Xxxxx may void this Settlement AgreementAgreement by notifying Class Counsel in writing. If PTHC Xxxxx voids this Settlement Agreement pursuant to under this paragraph, PTHC (a) the Parties shall be obligated restored to pay their respective positions in the Action and shall jointly request that all settlement expenses already incurredscheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Party or Party’s counsel; and (b) the terms and provisions of the Settlement Agreement and statements made in connection with seeking approval of the Agreement shall have no further force and effect with respect to Parties and shall not be used in the Action or in any other proceeding for any purpose, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service awardjudgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void3.2(d).
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any cash 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than one hundred (100) timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC PECU may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC PECU voids this the Settlement Agreement pursuant to this paragraph, PTHC PECU shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 5.1 Each Person 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Personperson’s intent to be excluded from the Settlement Class. No mass, class or group opt-out requests will be valid. To be effective, written notice must be postmarked no later than ninety forty-five (9045) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidDate.
4.2. 5.2 All Persons persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 5.1 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 persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 5.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3. Within seven 5.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than one hundred fifty (150) timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC Xxxxxxxxxx may, by notifying Proposed Co-Lead Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Xxxxxxxxxx voids this the Settlement Agreement pursuant to this paragraph, PTHC Xxxxxxxxxx shall be obligated to pay all settlement expenses already incurred, subject excluding any attorneys’ fees, costs, and expenses of Plaintiffs’ Counsel and service awards and shall not, at any time, seek recovery of same from any other party to the aggregate cap provided under ¶ 2.3, excluding Litigation or from counsel to any attorney’s fees and litigation costs of Proposed Class Counsel and any service awardother party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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 Settlement Administrator. Persons wishing to opt-out of the Settlement Class members will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than one ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC Hy-Vee may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Hy-Vee voids this the Settlement Agreement pursuant to this paragraph, PTHC Hy-Vee shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and incentive awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a the Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent 3.3 and said deadline will be provided to anyone other than Settlement Class Members in the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual Long Form Notice and shall be deemed null and voidthe Settlement Website.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any cash 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 request to be excluded from 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. Within seven 4.3 In the event that, within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than fifty (50) timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with submitted, the Court under seal, if requested), PTHC Defendants may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC voids this the Defendants void the Settlement Agreement pursuant to this paragraph, PTHC the Defendants shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and Plaintiff’s Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than fifty (50) timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC TUCC may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC TUCC voids this the Settlement Agreement pursuant to this paragraph, PTHC TUCC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and Plaintiffs’ Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 7.1 Each Person Class Member wishing to opt-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. Persons wishing to .
7.2 The written opt-out of notice must include the individual’s name and address, a statement that he or she wants to be excluded from the Settlement Class will only Class, the number of distinct debit and credit cards used by the individual to make a purchase at a Burgerville restaurant from September 12, 2017 through September 30, 2018, and the individual’s signature. To be able to submit an opt- out request on their own behalf; mass or class effective, the written opt-outs will not be permitted. The written out notice must clearly manifest a Personperson’s intent to be excluded from the Settlement Class. Class and acknowledge that, although the person may proceed individually with a claim, he or she or they may not do so as a part of a class action.
7.3 To be effective, the written opt-out notice must be postmarked received no later than ninety the deadline established in the Preliminary Approval Order as set forth in Section 5 above.
7.4 No later than fourteen (9014) days after the date on which Claims Deadline, the Notice Program commences pursuant to ¶ 3.2. All Claims Administrator shall provide the Parties with copies of completed written opt-out requests sent notifications and a final list of all Class Members who have timely and validly excluded themselves from the Settlement Class. Prior to anyone other than the Claims Administratorfinal approval hearing, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual shall file with the Court a list of the names of persons who have timely and shall be deemed null and void.validly opted out of the Settlement Class
4.2. 7.5 All Persons Class Members who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” Class shall not receive any reimbursement, compensation, or other benefits of and/or under, or be bound by by, the terms of this Settlement Agreement. All Persons persons falling within with the definition of the a Settlement Class who do not request Member failing to timely and validly submit written opt-out notices of their intent to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 above shall be bound by the terms of this Settlement Agreement and the Final Approval Order and General Judgment entered thereon.
4.3. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 8.01 Each Person Settlement Class Member wishing to opt-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. Persons wishing to opt-out of Settlement Administrator or submitted electronically on the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permittedWebsite. The written opt out notice must clearly manifest a Personperson’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 has dined at an affected restaurant within the Relevant Period and 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 ninety (90) 120 days after the date on 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 Notice Program commences pursuant Court no later than 10 days prior to ¶ 3.2. All the final fairness and approval hearing.
8.02 No person may request to be excluded from the Settlement Class through “mass” or “class” opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidouts.
4.2. 8.03 All Persons persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” Class shall not receive any benefits of and/or or be bound by the terms of this Settlement Agreement. .
8.04 All Persons persons falling within the definition of the Settlement Class who do not request submit valid and timely notices of their intent to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 above shall be bound by the terms of this Settlement Agreement and the Judgment entered thereon.
4.3. Within seven 8.05 If more than one thousand (71,000) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Settlement Class Counsel and PTHC’s counsel a complete list of all Members timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigationvalidly request exclusion, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC then Xxxx Enterprises may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorits sole discretion, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding at any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.time on or before ten
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from the Settlement Class (i.e., Settlement Class Members) 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than fifty (50) timely and valid Opt-Outs (persons who wish to be excludedi.e., exclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC JS Autoworld may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC JS Autoworld voids this the Settlement Agreement pursuant to this paragraph, PTHC JS Autoworld shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation, excepting settlement expenses paid arising from acts of fraud by the party from whom recovery is sought.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 4.1 Each Person wishing to opt-out of the Settlement Class shall individually sign (with a physical signature) 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 AdministratorAdministrator or (b) emailing it to the Claims Administrator using the email address provided on the Settlement Website. Persons wishing to To be effective, the written opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must include the following: (a) the requestor’s name, address and email address; (b) the requestor’s physical signature; (c) the name and number of this Litigation (e.g., “In Re: Ethos Technologies Inc. Data Breach Litigation, Case No. 3:22-cv-09203 (N.D. Cal.)); and (4) a statement that clearly manifest a Person’s intent manifests his or her wish to be excluded from the Settlement ClassClass for purposes of this Settlement. To be effective, written notice must be postmarked or emailed no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All optOpt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidOut Date.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to opt-out and not be excluded from the a Settlement ClassClass Member, as set forth in ¶ 4.1 above, referred to herein as “Opt-OutsOut(s),” 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 request to be excluded from 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 Final Approval Order entered thereon.
4.3. Within seven (7) days after the 4.3 Persons submitting an Opt-Out Date, are not entitled to any benefits of this Settlement under Section 2. Any member of the Claims Administrator shall furnish to Proposed Settlement Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “who submits an Opt-Out List”). The Parties will have the same right and a Claim Form shall not be entitled to seek discovery from receive any objecting Settlement Class Member as they would if the objector was monetary payment and his or her claim shall not be considered a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approvalValid Claim.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than one ninety (90) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than 225 timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC WSU may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC WSU voids this the Settlement Agreement pursuant to this paragraph, PTHC WSU shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and Plaintiff’s Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety one hundred twenty (90120) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. 4.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Interim Class Counsel and PTHCCanon’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approvalexclusion.
4.4. 4.4 In the event that within ten (10) days after the Opt-Out Date as approved by the court, there have been more than 100 Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC Canon may, by notifying Proposed Interim Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Canon voids this Settlement Agreement pursuant to this paragraph, PTHC Canon shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees fees, costs, and litigation costs expenses of Proposed Interim Class Counsel and any service incentive award.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety one hundred twenty (90120) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. 4.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHCCounsel, Insight Global’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approvalexclusion.
4.4. 4.4 In the event that within ten (10) days after the Opt-Out Date as approved by the court, there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC Insight Global may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Insight Global voids this Settlement Agreement pursuant to this paragraph, PTHC Insight Global shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees fees, costs, and litigation costs expenses of Proposed Class Counsel and any service incentive award.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. Each Person individual wishing to opt-out of exclude themselves from 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. Persons Individuals wishing to opt-opt out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Personan individual’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after by the date on which the Notice Program commences pursuant to ¶ 3.2Opt-Out Date. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHCOrder Express’s counsel, are ineffectual and shall be deemed null and void.
4.2. All Persons individuals who submit valid and timely notices of their intent to be excluded from 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 individuals falling within the definition of the Settlement Class who do not request to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHCOrder Express’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Fairness Hearing, Class Counsel shall file this list of Opt-Out members List with the Court for purposes of being attached to the Judgment to be entered upon Final final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. Each Person wishing to opt-out of exclude themselves from 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. Persons wishing to opt-opt out of the Settlement Class will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permittedpermitted and will be deemed invalid by the Claims Administrator. The written notice must include
(i) the name and caption of the Litigation; (ii) the full name and address of the Settlement Class Member seeking exclusion; (iii) a personal signature by the Settlement Class Member seeking exclusion; and (iv) a statement clearly manifest a Personmanifesting the Settlement Class Member’s intent to be excluded from the Settlement Class. To be effective, written notice a request for exclusion must be postmarked no later than ninety (90) days after by the date on which the Notice Program commences pursuant to ¶ 3.2Opt-Out Date. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHCHII’s counsel, are ineffectual and shall be deemed null and void.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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 submit a valid and timely request to be excluded from 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, and all subsequent proceedings, orders, and judgments applicable to the Settlement Class.
4.3. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHCHII’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 ten (10) days prior to the Final Approval Fairness Hearing, Proposed Class Counsel shall file provide this list of Opt-Out members with List to the Court for purposes of being attached to the Judgment to be entered upon Final final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 1 contract
Samples: Settlement Agreement
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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass No joint or class opt-en masse opt outs will not be permittedeffective. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety forty-five (9045) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidnotice is sent.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven (7) days after the Opt-Out Datedeadline, the Claims Administrator shall furnish to Proposed Settlement Class Counsel and PTHCto SEIU 32BJ’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In Notwithstanding anything else in this Agreement, if 5% or more of the event that there persons meeting the definition of Settlement Class Members opt-out, SEIU 32BJ shall have been more Opt-Outs (the unilateral option to terminate this Agreement at its sole discretion, and this Settlement Agreement shall be null and void and this settlement of no force and effect. If SEIU 32BJ so elects, it shall give notice of such termination in writing to Settlement Class Counsel no later than 10 business days after receiving the list of persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List have requested exclusion from the Settlement Administrator, void this Settlement AgreementClass. If PTHC voids SEIU 32BJ terminates this Settlement Agreement pursuant to this paragraphAgreement, PTHC SEIU 32BJ shall be obligated to pay the Claims Administrator for all settlement costs and expenses already incurred, subject to incurred by the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service awardClaims Administrator for work performed in connection with this Settlement Agreement.
Appears in 1 contract
Samples: Settlement Agreement
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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. Opt-outs must be exercised individually by a Class Member, not as or on behalf of a group, class, or subclass, except that the individual exclusion requests may be submitted by a Class Member’s legal representative. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidDeadline.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from 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. A list of Class Members submitting a timely request for exclusion shall be prepared by the Claims Administrator to be submitted to the Court with the Motion for Final Approval.
4.3. All Persons falling within the definition of the Settlement Class who do not request to be excluded from 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, and their claims shall be released as provided for herein. Within seven (7) A Class Member is not entitled to submit both an opt-out request and a Claim Form. If a Class Member submits both an opt-out request and a Claim Form, the Claims Administrator will send a letter explaining that the Class Member may not make both of these requests, and asking the Class Member to make a final decision as to whether to opt out or submit a Claim Form and inform the Claims Administrator of that decision within 10 days. If the Class Member does not respond to that communication within 14 days after it is mailed (or by the Opt-Out Datedeadline, whichever is later), the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and treated as having opted out of the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approvalClass.
4.4. In the event that there have been more within ten (10) days after the Opt-Outs (persons who wish to be excluded) Out Date as approved by the Court, more than listed in a separate letter agreement (to be shared with the Court under seal5,000 Persons have filed Opt-Outs, if requested), PTHC then Einstein may, by notifying Proposed Settlement Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Einstein voids this the Settlement Agreement pursuant to this paragraph, PTHC Einstein or its insurer shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Settlement Class Counsel and Class Plaintiffs’ Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidCourt enters a Preliminary Approval Order.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than 100 Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requestedexclusions), PTHC Navicent may, by notifying Proposed Settlement Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Navicent voids this the Settlement Agreement pursuant to this paragraph, PTHC Navicent shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Settlement Class Counsel and Plaintiffs’ Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void3.2(d).
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any cash 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than one hundred (100) timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC Texas ENT may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Texas ENT voids this the Settlement Agreement pursuant to this paragraph, PTHC Texas ENT shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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 Settlement Administrator. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a the Person’s intent to be excluded from opt-out of the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All optOpt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidOut Date.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from opt-out of the Settlement ClassClass (hereinafter, “Opt-Outs”), as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any benefits of and/or and shall not be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not request to be excluded from opt-out of the Settlement Class in the manner set forth in ¶ 4.1 above this Settlement Agreement shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3. 4.3 Within seven (7) days after the Opt-Out Date, the Claims Settlement Administrator shall furnish to Proposed Class Counsel and PTHCto Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery .
4.4 If within fourteen ten (14) days and must appear for deposition within fourteen (1410) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list Opt-Out Date the total number of Opt-Out members with Outs constitute 2% or more of the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed Class, Defendant may void this Settlement Agreement in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, its entirety by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service awardwriting.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 4.1 Each Person wishing to opt-opt out of the Settlement Class shall individually sign (individually, or, if the Person opting out is less than 18 years of age, through the signature of a parent, legal guardian or other legal representative) and timely submit mail written notice of such intent to the designated Post Office box established by the Claims Settlement Administrator. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s an intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All optOpt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidOut Date.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not neither receive any benefits of and/or nor be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than 500 Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requestedexclusions), PTHC IHG may, in its sole discretion and by notifying Proposed Lead Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, choose to void this Settlement Agreement. If PTHC IHG voids this the Settlement Agreement pursuant to this paragraph, PTHC IHG shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and any service award.Lead
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidCourt enters a Preliminary Approval Order.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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.. FILED DATE: 7/11/2022 8:54 PM 2021CH06274
4.3. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than 250 Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requestedexclusions), PTHC Bansley may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Bansley voids this the Settlement Agreement pursuant to this paragraph, PTHC Xxxxxxx shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and Plaintiffs’ Counsel and service awards, and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 4.1 Each Person wishing to opt-opt out of the Settlement Class shall individually sign and timely submit written notice of such intent to the designated Post Office box address established by the Claims Administrator. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a the Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All optDate (“Opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidOut Date”).
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ § 4.1 above, referred to herein as “Opt-Outs,” shall not receive any cash 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 request to be excluded from 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. 4.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Settlement Class Counsel and PTHCto Defendant’s counsel Counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approvalexclusion.
4.4. 4.4 In the event that there more than three and a half percent (3.5%) of Settlement Class Members have been more Opt-Outs (persons who wish submitted valid and timely notices of their intent to be excludedexcluded from the Settlement Class, as set forth in § 4.1 above, Honeywell has the option (but not the obligation) than listed in a separate letter agreement (to be shared with terminate this Settlement Agreement. Honeywell may exercise its option to terminate the Settlement Agreement pursuant to this § 4.4 by notifying Settlement Class Counsel and the Court under sealin writing, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five fifteen (515) days of receiving the Opt-Out List from the Settlement AdministratorDate, void that it is terminating this Settlement Agreement. If PTHC voids this Honeywell terminates the Settlement Agreement pursuant to this paragraph§ 4.4, PTHC Honeywell shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s attorneys’ fees and litigation costs expenses of Proposed Settlement Class Counsel and any service awardService Award to Settlement Class Representatives, and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than 150 timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC Defendants may, by notifying Proposed Co-Lead Settlement Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC voids this Defendants void the Settlement Agreement pursuant to this paragraph, PTHC Defendants shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Co-Lead Settlement Class Counsel and Plaintiffs’ Counsel and incentive awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program notice program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than fifty (50) timely and valid Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC Startek may, by notifying Proposed Class Counsel and the Court in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Startek voids this the Settlement Agreement pursuant to this paragraph, PTHC Startek shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and Plaintiffs’ Counsel and service awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class Members will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s Persons intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to Opt-Out Date, as defined in ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void1.19.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “OptOpt-Outs,” 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 request to be excluded from 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. Within seven 4.3 In the event that within ten (710) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more than 250 timely axx xxxid Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under sealsubmitted, if requested), PTHC Xxxxxx may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement txxx Xxttlement Agreement. If PTHC Xxxxxx voids this the Settlement Agreement pursuant xxxxxant to this paragraph, PTHC Xxxxxx shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys fees, costs, and litigation costs expenses of Proposed Class Counsel and any service awardincentive awards.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 4.1 Each Person wishing to opt-out of the Settlement Class shall individually sign (with a physical signature) and timely submit a written notice to the Settlement 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 Settlement Administrator, or (b) emailing it to the Settlement Administrator using the email address provided on the Settlement Website. Persons wishing to To be effective, the written opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must include the following: (a) the requestor’s name, address and email address; (b) the requestor’s physical signature; (c) the name and number of this Litigation, Xxxxxxxxx v. Qualified Temporary Services, Case No. 22-cv-12086 (E.D. Mich.); and (d) a statement that clearly manifest a Person’s intent manifests his or her wish to be excluded from the Settlement ClassClass for purposes of this settlement. To be effective, written notice must be postmarked or emailed no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All optOpt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidOut Date.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to opt- out and not be excluded from the a Settlement ClassClass Member, as set forth in ¶ 4.1 above, referred to herein as “Opt-OutsOut(s),” 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 request to be excluded from 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 Judgment Order entered thereon.
4.3. Within seven (7) days after the 4.3 Persons submitting an Opt-Out Date, are not entitled to any benefits of this settlement under Section 2. Any member of the Claims Administrator shall furnish to Proposed Settlement Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “who submits an Opt-Out List”). The Parties will have the same right and a Claim Form shall not be entitled to seek discovery from receive any objecting Settlement Class Member as they would if the objector was benefit and his or her claim shall not be considered a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approvalValid Claim.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administrator, void this Settlement Agreement. If PTHC voids this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 6.1 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 postal address established by the Claims Settlement Administrator. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class, which intent shall be determined by the Settlement Administrator. To be effective, written Written notice must be postmarked no later than ninety (90) days after by the date on which the Notice Program commences pursuant Claims Deadline to ¶ 3.2be effective. All Settlement Class Members may only opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall on behalf of themselves; mass or class opt-outs will not be deemed null and voidvalid.
4.2. 6.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 6.1 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 request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 6.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3. Within seven (7) days after 6.3 Commencing one week from the Opt-Out Datedate Notice commences, the Claims Settlement Administrator shall furnish to Proposed will notify Defendant’s Counsel and Class Counsel and PTHC’s counsel a complete list regarding the number of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting potential Settlement Class Member as they would if Members that have elected to opt-out of the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required and will continue to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticedprovide weekly updates. No later than 10 days prior after the Claims Deadline, the Settlement Administrator shall provide a final report to the Final Approval Hearing, Class Counsel shall file this list and Defendant’s Counsel that summarizes the number of written notifications of Opt-Out members with the Court for purposes of being attached Outs received to the Judgment to be entered upon Final approvaldate, and other pertinent information as requested by Class Counsel and Defendant’s Counsel.
4.4. 6.4 In the event that there 750 potential Settlement Class Members have been more Opt-Outs (persons who wish elected to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from of the Settlement AdministratorClass, void this Settlement Agreement. If PTHC voids Bay Bridge may terminate this Settlement Agreement pursuant to this paragraph, PTHC shall be obligated to pay all and any settlement expenses already incurred, terms or agreements then in effect subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service award12.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 7.1 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 postal address established by the Claims Settlement Administrator. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class, which intent shall be determined by the Settlement Administrator. To be effective, written Written notice must be postmarked no later than ninety (90) days after by the date on which the Notice Program commences pursuant Claims Deadline to ¶ 3.2be effective. All Settlement Class Members may only opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall on behalf of themselves; mass or class opt-outs will not be deemed null and voidvalid.
4.2. 7.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 7.1 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 request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 7.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3. Within seven (7) days after 7.3 Commencing one week from the Opt-Out Datedate Notice commences, the Claims Settlement Administrator shall furnish to Proposed will notify Defendants’ Counsel and Class Counsel and PTHC’s counsel a complete list regarding the number of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting potential Settlement Class Member as they would if Members that have elected to opt-out of the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required and will continue to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticedprovide weekly updates. No later than 10 days prior after the Claims Deadline, the Settlement Administrator shall provide a final report to the Final Approval Hearing, Class Counsel shall file this list and Defendants’ Counsel that summarizes the number of written notifications of Opt-Out members with the Court for purposes of being attached Outs received to the Judgment to be entered upon Final approvaldate, and other pertinent information as requested by Class Counsel and Defendants’ Counsel.
4.4. 7.4 In the event that there 250 potential Settlement Class Members have been more Opt-Outs (persons who wish elected to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from of the Settlement AdministratorClass, void this Settlement Agreement. If PTHC voids Defendants may terminate this Settlement Agreement pursuant and any settlement terms or agreements then in effect subject to ¶ 13.2. In this paragraphevent, PTHC Defendants shall be obligated to pay all settlement expenses already incurred, subject to incurred by the aggregate cap provided under ¶ 2.3Settlement Administrator, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and any service awardCounsel. Defendants shall not solicit, suggest, or encourage class members, either directly or indirectly, to opt out of the Settlement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Opt-Out Procedures. 4.1. Each Person wishing 7.1 Under the procedure set forth in the Notice, Settlement Class members have the right and ability to opt-out of exclude themselves from the Settlement Class shall individually sign and timely submit written notice of such intent as set forth in the proposed preliminary approval order. In order to validly be excluded from the designated Post Office box established by the Claims Administrator. Persons wishing to opt-out of Settlement, the Settlement Class will only be able member must send a letter to submit an opt- out request on their own behalf; mass the Claims Administrator no later than sixty (60) days after the Notice Date, stating he or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent she wants to be excluded from the Settlement Classin the Action and including his or her name, address, Proof of Purchase of Alcohol Product or Alcohol Products and signature. To be effective, written notice must be postmarked no later than ninety (90) days after If the date on which opt- out is untimely or otherwise fails to comply with any of the Notice Program commences pursuant to ¶ 3.2. All provisions for a valid opt-out requests sent to anyone other than the Claims Administratorout, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and it shall not be deemed null and voidconsidered a valid opt-out.
4.2. 7.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” Class 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 request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 above Paragraph 7.1, above, shall be bound by the terms of this Settlement Agreement and Final Judgment entered thereon.
4.37.3 The Claims Administrator shall cause copies of requests for exclusion from Settlement Class members to be provided to Class Counsel and Schnucks’ Counsel as they are received in their weekly update. Within seven No later than ten (710) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed provide Class Counsel and PTHC’s counsel Schnucks’ Counsel a complete and final list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting known Settlement Class Member as they would if members who have excluded themselves from the objector was a party in the Litigation, including the right to take the objector’s depositionSettlement. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file provide this list of Opt-Out members with information to the Court for purposes of being attached to before the Judgment to be entered upon Final approvalFairness Hearing.
4.4. 7.4 In the event that there have been more Opt-Outs within ten (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writing within five (510) days of receiving after the Opt-Out List from the Settlement AdministratorDate, there have been requests for exclusion totaling more than six hundred (600) individuals, Schnucks may void this Settlement Agreement, in its sole discretion, by notifying Class Counsel in writing. If PTHC Schnucks voids this Settlement Agreement pursuant to under this paragraphParagraph, PTHC (a) the Parties shall be obligated restored to pay their respective positions in the Action and shall jointly request that all settlement expenses already incurred, subject scheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Party or Party’s counsel; and (b) the terms and provisions of the Settlement Agreement and statements made in connection with seeking approval of the Agreement shall have no further force and effect with respect to the aggregate cap provided under ¶ 2.3Parties and shall not be used in the Action or in any other proceeding for any purpose, excluding any attorney’s fees and litigation costs of Proposed Class Counsel and any service awardjudgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class Members will only be able to submit an opt- opt-out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety one hundred fifty (90150) days after entry of the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidPreliminary Approval Order.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within 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 Settlement Class Counsel shall provide to the Court no later than seven (7) days prior to the Final Approval Hearing.
4.3 In the event that within ten (10) days after the Opt-Out DateDate as approved by the Court, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excludedexclusions) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC Xxxxxx’s may, by notifying Proposed Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, void this Settlement Agreement. If PTHC Xxxxxx’s voids this the Settlement Agreement pursuant to this paragraph, PTHC Xxxxxx’s shall be obligated to pay all settlement expenses already incurred, subject to the aggregate cap provided under ¶ 2.3, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Class Counsel and incentive awards, and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1. 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. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety sixty (9060) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and voidCourt enters a Preliminary Approval Order.
4.2. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from 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 request to be excluded from 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. 4.3 In the event that there have been are more than thirty (30) effective Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requestedexclusions), PTHC HMHD may, by notifying Proposed Settlement Class Counsel in writing within five (5) days of receiving the Opt-Out List from the Settlement Administratorwriting, terminate and void this Settlement Agreement. If PTHC HMHD voids this the Settlement Agreement pursuant to this paragraph, PTHC HMHD shall be obligated to pay all settlement expenses already incurred, subject excluding any attorneys’ fees, costs, and expenses of Proposed Settlement Class Counsel and Plaintiffs’ Counsel and incentive awards and shall not, at any time, seek recovery of same from any other party to the aggregate cap provided under ¶ 2.3Litigation or from counsel to any other party to the Litigation.
4.4 In the event that another putative class action relating to the Data Incident results in a judgment that includes class certification, HMHD shall have the absolute right in its sole discretion to terminate and void this Settlement Agreement by notifying Proposed Settlement Class Counsel in writing within ten (10) business days after the occurrence of such event. If HMHD voids the Settlement Agreement pursuant to this paragraph, HMHD shall be obligated to pay all settlement expenses already incurred, excluding any attorney’s fees attorneys’ fees, costs, and litigation costs expenses of Proposed Settlement Class Counsel and Plaintiffs’ Counsel and incentive awards and shall not, at any service awardtime, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation.
Appears in 1 contract
Samples: Settlement Agreement