Opt-Outs. 66. Opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approved.
c. Within three (3) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.
Opt-Outs. The Notice shall explain the procedure for Settlement Class Members to exclude themselves or “opt-out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than sixty (60) days after the Notice Deadline. The Request for Exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. The Notice must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement.
Opt-Outs. (a) A Class Member who wishes to exclude himself or herself from this Agreement, and from the release of claims and defenses provided for under the terms of this Agreement, shall submit an Exclusion Letter by mail to the Claims Administrator. For an Exclusion Letter to be valid, it must be postmarked on or before the Bar Date to Opt Out. Any Exclusion Letter shall identify the Class Member, state that the Class Member wishes to exclude himself or herself from the Agreement, and shall be signed and dated.
(b) The Claims Administrator shall maintain a list of persons who have excluded themselves and shall provide such list to Defendant’s Counsel and Class Counsel at least five (5) days prior to the date Class Counsel is required to file the Motion for Final Approval. The Claims Administrator shall retain the originals of all Exclusion Letters (including the envelopes with the postmarks). The Claims Administrator shall make the original Exclusion Letters available to Class Counsel, Defendant’s Counsel and/or the Court upon two (2) court days’ written notice.
Opt-Outs. 1. Class Members shall have thirty (30) days from the mailing date on the Notice to file an Election to Opt Out of Settlement and Class Action. Exceptions will be made only for individuals who, because of a change in address, did not receive a Notice in the first mailing. In that event they will have 14 days from actual receipt or up to 15 days before the Final Approval Hearing, whichever comes first.
2. To effectively opt out of the settlement, thereby excluding themselves from the Lawsuit, the settlement, and the Class, Class Members must timely mail a letter to Class Counsel opting out of the case, as described in the Notice. If a fully completed and properly executed Opt Out Letter is not received by the Court or Class Counsel from a Class Member postmarked on or before thirty (30) days after the mailing date on the Notice, then that Class Member will be deemed to have forever waived his or her right to opt out of the Class. Class Members who timely submit Opt Out Letters shall have no further role in the Lawsuit, and for all purposes, except with respect to any applicable tolling of the statute of limitations of their claims, they shall be regarded as if they never were either a party to the Lawsuit or a Class Member, and thus they shall not be entitled to any benefit as a result of the Lawsuit, this settlement or this Agreement, nor will they have released by operation of this Agreement any claims they may have against the Releasees. Class members who opt out shall have 30 days from the date of the Court’s order granting Final Approval of the settlement to file a new lawsuit without losing the benefit of the statute of limitations tolled by this Lawsuit.
3. All Class Member communications concerning the Settlement or Notice should be directed to Class Counsel.
4. Class Counsel shall provide to FXG on a biweekly basis a full and complete list of the names of all Class Members who have submitted opt out letters.
Opt-Outs. (1) Opt-out rights were provided in earlier settlements in these Proceedings involving other settling defendants. No further right to opt-out of the Proceedings will be provided.
(2) With respect to any potential Settlement Class Member who validly opted-out from the Proceedings, the Settling Defendants reserve all of their legal rights and defences.
(3) The Plaintiffs through their respective Class Counsel expressly waived their right to opt- out of the Proceedings.
Opt-Outs. The Notice shall explain the procedure for Settlement Class Members to exclude themselves or “opt-out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than the Opt-Out Deadline. The Request for Exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement in the communication. The Notice must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement.
Opt-Outs. Due to the nature of the relief offered to the Class Members, no Class 17 Members are permitted to opt-out. All Class Members’ denied, revoked, or pending SIJ Petitions will be adjudicated in accordance with this Agreement. 18
Opt-Outs. 16.1. Any individual who wishes to exclude themselves from the Settlement must submit a written request for exclusion to the Settlement Administrator, which shall be postmarked no later than the Opt-Out Deadline or submitted online through the claims portal and verified no later than the Opt-Out Deadline.
16.2. The written request for exclusion must:
(i) Identify the case name of the Action;
(ii) Identify the name and address of the individual seeking exclusion from the Settlement;
(iii) Be personally signed by the individual seeking exclusion;
(iv) Include a statement clearly indicating the individual’s intent to be excluded from the Settlement; and
(v) Request exclusion only for that one individual whose personal signature appears on the request.
16.3. To be effective and valid, opt-out requests submitted online must verify the request to opt-out no later than the Opt-Out Deadline using the link sent to the individual who submitted the request for exclusion.
16.4. Opt-out requests seeking exclusion on behalf of more than one individual shall be deemed invalid by the Settlement Administrator.
16.5. Any individual who submits a valid and timely request for exclusion in the manner described herein shall not: (i) be bound by any orders or judgments entered in connection with the Settlement; (ii) be entitled to any relief under, or be affected by, the Agreement;
Opt-Outs. 19.1 An individual or entity who is a Class Member that requests to be excluded from the Settlement Class may do so only by sending a written request on the form attached as Exhibit 14, along with the information requested in that form, personally signed by the person, Next Friend, personal representative, or entity (as opposed to counsel), to the address provided in the Settlement Class Notice that is postmarked on or before the date to be ordered by the Federal Court. If a Class Member files a request for exclusion, that person or entity may not file an objection under Article XX–Objections.
19.2 Within seven (7) calendar days after the date ordered by the Federal Court, Co-Lead Class Counsel shall provide Defendants, through their counsel, with a written list of all persons or entities who requested to be excluded, together with the form and information described in the preceding paragraph.
19.3 Each of the Defendants, in their sole discretion, shall have the option to rescind this Settlement Agreement as to itself:
19.3.1 If 200 or more members of the Adult Exposure Subclass request to be excluded;
19.3.2 If more than 100 but less than 200 members of the Adult Exposure Subclass request to be excluded and any of the following conditions are met:
19.3.2.1 more than 10 of the members requesting to be excluded had blood lead tests taken between April 25, 2014 and July 31, 2016 with results of 5 ug/dL or above;
19.3.2.2 more than 10 of the members requesting to be excluded lived or dwelled in a residence that had water samples taken between April 25, 2014 and July 31, 2016 with lead results of 15 ppb or above; or
19.3.2.3 more than 10 of the members requesting to be excluded lived or dwelled in a residence between April 25, 2014 and July 31, 2016 that had lead or galvanized steel service lines.
19.3.3 If any of the members of the Adult Exposure Subclass requesting to be excluded contracted or died of Legionnaires’ Disease between April 25, 2014 and December 31, 2018;
19.3.4 If 200 or more members of the Property Damage Subclass request to be excluded; or
19.3.5 If more than 100 but less than 200 members of the Property Damage Subclass request to be excluded and any of the following conditions are met:
19.3.5.1 more than 10 of the members owned real property that had water samples taken between April 25, 2014 and July 31, 2016 with lead results of 15 ppb or above; or
19.3.5.2 more than 10 of the members owned real property between April 25, 2014 and July 31,...
Opt-Outs. The Notice shall explain the procedure for Settlement Class Members to exclude themselves or “opt-out” of the Settlement by mailing a request for exclusion to the Settlement Administrator postmarked no later than the Opt-Out Deadline. The request for exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion,” a comparable statement that the individual does not wish to participate in the Settlement, or some other clear manifestation of the intent to opt-out of the Settlement in the written communication. Each request for exclusion must request exclusion only for that one individual whose personal signature appears on the request. The Notice must state that any Settlement Class Member who does not file a timely request for exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement.
