Opting Out of the Settlement. Any Class Members who wish to exclude themselves from the Settlement Class (“opt out”) must advise the Claims Administrator in writing of that intent, and their opt out request must be postmarked no later than the Opt Out Deadline. The Claims Administrator shall provide the Parties with copies of all opt out requests it receives and shall provide a list of all Class Members who timely and validly opted out of the settlement in their declaration filed with the Court, as required by Section 11.
01. Class Members who do not properly and timely submit an opt out request will be bound by this Agreement and the judgment, including the releases in Section XIV below.
A. In the written request for exclusion, the Class Member must state his or her full name, address, and telephone number. Further, the Class Member must include a statement in the written request for exclusion that he or she wishes to be excluded from the Settlement.
B. Any Class Member who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement.
C. After the expiration of the Opt Out Deadline, the Parties shall submit a list of valid opt outs to the Court at or before the Final Approval Hearing.
D. If Defendant determines that any ambiguity exists as to whether a Class Member’s communication constitutes a request to opt out, the Parties shall, if possible, resolve such ambiguity by agreement and shall inform the Court of their position at or prior to the Final Approval Hearing. Defendant or Class Counsel may dispute an exclusion request, and the Parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position at or prior to the Final Approval Hearing. The Court shall retain jurisdiction to resolve any disputed exclusion requests.
E. Any Class Member who does not timely comply with all requirements for opting out contained in this Agreement shall be a Settlement Class Member, bound by this Agreement, this Settlement, and the Release set forth in Section XIV below.
Opting Out of the Settlement. Any members of the Settlement Class who wish to exclude themselves from the Settlement Class must advise the Claims Administrator by providing a written Request for Exclusion, and their opt out request must be postmarked no later than the Opt-Out Deadline.
Opting Out of the Settlement. Any Class Members who wish to exclude themselves from the Settlement Class ("opt out") must advise the Claims Administrator in writing of that intent by sending such writing to the Claims Administrator by first class mail, and their opt out request must be postmarked no later than the Opt-Out Deadline. The Claims Administrator shall provide the Parties with copies of all opt-out requests it receives, and shall provide a list of all Class Members who timely and validly opted out of the settlement in its declaration filed with the Court fourteen (14) days before the final approval hearing. Settlement Class Members who do not properly and timely submit an opt-out request will be bound by this Agreement and the judgment, including the releases in this Settlement Agreement.
A. In the written request for exclusion, the Class Member must state his or her full name, address, and telephone number. Further, the Class Member must include a statement in the written request for exclusion that he or she wishes to be excluded from the settlement.
B. Any Class Member who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement.
Opting Out of the Settlement. If you want to keep the right to sue or continue to sue Apple at your expense for any claim related to the subject matter of this Lawsuit, and you do not want to receive a Class Payment from this Settlement, you must take steps to get out of the Settlement. This is called opting out of, or excluding yourself from, the Settlement.
Opting Out of the Settlement a. A Class Member may opt out of the Settlement by timely mailing a valid opt-out statement to the Claims Administrator. The procedures for opting out shall be the same procedures as set forth in the Court-approved notice mailed to the class on September 6, 2016, with the exception that the statement to be provided by the Class Member shall be: “I, [NAME], voluntarily choose not to participate in the settlement of the Certified Class Action against XxXxxxxx’x Corporation and XxXxxxxx’x USA, LLC, and hereby waive any rights I may have to participate in the settlement with XxXxxxxx’x Corporation, XxXxxxxx’x USA, LLC, and XxXxxxxx’x Restaurants of California, Inc. in the federal court lawsuit entitled Xxxxx x. XxXxxxxx’x Corp., N. D. Cal. No. 3:14-cv-02098-JD.”
b. Absent a showing of good cause, as determined by the Claims Administrator after input from Class Counsel and McDonald’s, no opt-out statement shall be honored or valid if postmarked more than sixty (60) calendar days after the postmark date of the initial mailing of the Class Notice. Requests to opt out that do not include all required information shall be deemed null, void, and ineffective. If a Class Member files both an opt-out statement and a Claim Form, the opt-out statement shall be deemed invalid and the Class Member’s Claim Form and release of claims shall be valid and controlling.
c. Class Members who submit valid and timely requests to opt out of the Settlement shall not receive any payment pursuant to the Settlement, nor shall such Class Members be bound by the terms of the Settlement or the dismissal with prejudice of their claims against McDonald’s pursuant to this Settlement.
Opting Out of the Settlement. Any members of the Settlement Class who wish to
Opting Out of the Settlement. Any members of the Settlement Class who wish to exclude themselves from the Settlement Class shall advise the Settlement Administrator on or before the Exclusion Deadline. The Class Notice shall contain information concerning how a person in the Settlement Class may opt-out of the Settlement (i.e., a request to be excluded from the Settlement Class) by mailing a Request for Exclusion by first-class mail, postage prepaid, and postmarked to the address of the Settlement Administrator as specified in the Class Notice.
a. Such Request for Exclusion shall clearly indicate the name, address, telephone number, and last four Social Security digits of the Person seeking exclusion, the name and case number of the Action, a clear and unequivocal statement under penalty of perjury that the person objecting believes he or she is a member of the settlement class and that the number listed on the opt-out is the one on which the Settlement Class member received a call, a statement that the Person wishes to be excluded from the Settlement Class, and the date and signature of such Person or, in the case of a Person in the Settlement Class who is deceased or incapacitated, the signature of the legally authorized representative of such Person.
b. Any member of the Settlement Class who submits a valid and timely Request for Exclusion will not be a Settlement Class Member, will not receive any compensation under this Agreement, and will not be bound by the terms of this Agreement.
Opting Out of the Settlement. Class Members may opt out of the Settlement by timely mailing a valid opt-out statement to the Claims Administrator.
a. Any opt-out statement, to be valid, must state the name, telephone number, and current address of the Class Member, the dates the Class Member worked for Xxxxxx, and the address to which the Class Member’s Class Notice was mailed (if known), and must include the following language: “I, [NAME], voluntarily choose not to participate in the settlement of my claims against my current or former employer Xxxxx X. Xxxxxx, Xx. and Xxxxxx X. Xxxxxx Family Limited Partnership d/b/a/ McDonald’s (“Xxxxxx”), and hereby waive any rights I may have to participate in the settlement against Xxxxxx in the federal court lawsuit entitled Xxxxxxx et al. x.
Opting Out of the Settlement. A member of the Settlement Class may request to be excluded from the Settlement by sending a complete written request to the Claims Administrator postmarked on or before the Opt-Out Deadline to be excluded from the Settlement Class. The complete written request shall include the member’s name, his or her address, the name of the Action (i.e.,
Opting Out of the Settlement. A Settlement Class Member wishing to make a 5 Request for Exclusion from the Settlement Class shall mail the request in written form, by first 6 class mail, postage prepaid, and postmarked to the address of the Settlement Administrator as 7 specified in the Class Notice, within sixty (60) days after the deadline for sending notice. Such 8 Request for Exclusion shall clearly indicate the name, address, and telephone number of the person or entity seeking exclusion, and the name and case number of the case; must be signed by such 11 person; and shall state that the Settlement Class Member excludes him or herself from the 12 Settlement. The Request for Exclusion shall not be effective unless it provides the required 13 information and is postmarked no later than the Opt-Out Deadline, or the exclusion is otherwise 14 accepted by the Court. No Settlement Class Member, or any person acting on behalf of or in 15 concert or in participation with that Settlement Class Member, may request exclusion of any other 16 Settlement Class Member from the Settlement Class. Copies of Requests for Exclusion will be provided by the Settlement Administrator to Class Counsel and to Lyft’s Counsel not later than 19 seven (7) days after the Opt-Out Deadline. The Requests for Exclusion shall be filed with the 20 Court by the Settlement Administrator in connection with the Plaintiff’s Motion for Final Approval 21 of the Class Action Settlement. 22
