Common use of Opting Out of the Settlement Clause in Contracts

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 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. 0113.01. 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 XVI 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 an unequivocal statement in the written request for exclusion that he or she wishes to be excluded from the Settlementsettlement. 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 Settlementsettlement, and the Release set forth in Section XIV belowXVI herein.

Opting Out of the Settlement. Any Settlement Class Members who wish may elect to exclude themselves be excluded from the settlement (opt out), thereby relinquishing their rights to benefits under the settlement. Settlement Class (“opt out”) must advise the Claims Administrator in writing of that intent, and their Members wishing to opt out of the settlement must send a written request to be excluded from the settlement to the Settlement Administrator by fax, United States mail, email, or electronically via the Settlement Website on or before the Opt-Out Deadline established by the Court in the Preliminary Approval Order. Any request to opt out sent to the Settlement Administrator by United States mail must be postmarked no later than on or before the Opt Opt-Out Deadline. The Claims Settlement Administrator shall provide the Parties with copies of all opt opt-out requests it receives and shall provide a list of all Settlement Class Members who timely and validly opted opt out of the settlement in their declaration filed with no later than five (5) days after the Court, as required by Section 11. 01Opt-Out Deadline. Settlement Class Members who do not properly and timely submit an opt opt-out request will be bound by this Agreement and the judgment, including the releases release and covenant not to sue in Section XIV belowXIV. A. In The request to be excluded from the written request for exclusion, Settlement Class must include the Settlement Class Member must state his or her full Member’s name, address, and telephone number. Further, the Class Member must include and provide a clear statement in the written request for exclusion communicating that he he, she, or she wishes it elects to be excluded from the SettlementSettlement Class, does not wish to be a Settlement Class Member. B. Any Settlement Class Member who submits a valid and timely request for exclusion will not be a member of the Settlement Class Member and shall not be bound by the terms of this Agreement. C. After the expiration of the Opt Opt-Out Deadline, the Parties shall submit a list of valid opt outs to the Court Court, with the names and contact information of said persons filed under seal or confidential, as appropriate, 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 Settlement 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, Agreement and the Release release and covenant not to sue set forth in Section XIV belowXIV.

Opting Out of the Settlement. Any Settlement 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 opt-out request must be postmarked no later than the Opt Opt-Out Deadline. The Claims Administrator shall provide the Parties with copies of all opt opt-out requests it receives in weekly status reports to the Parties, and shall provide a list of all Settlement Class Members who timely and validly opted out of the settlement Settlement in their its declaration filed with the Court, as required by Section 11. 0110.01. The declaration shall include the names of persons who have excluded themselves from the Settlement, but it shall not include their addresses or any other personal identifying information. A Settlement Class Member who opts out of the Settlement may not object to the fairness of this settlement. A Settlement Class Member who opts out of the Settlement may opt back in so long as the opt-in request is received prior to the Claims Deadline. Settlement Class Members who do not properly and timely submit an opt opt-out request will be bound by this Agreement and the judgment, including the releases in Section XIV belowXII. A. a. In the written request for exclusion, the Settlement Class Member must state his or her full name, address, and telephone number, and the telephone number(s) called by Defendants. Further, the Settlement Class Member must include a statement in the written request for exclusion that he or she wishes to be excluded from the SettlementSettlement Agreement. The request must be signed by the Settlement Class Member. B. b. Any Settlement 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 person in the Settlement Class Members who wish wishes to exclude themselves from the Settlement Class (“( opt out”out ) must advise the Claims Administrator in writing of that intent, and their opt opt-out request must be postmarked to the designated Post Office box established by the Claims Administrator no later than the Opt Opt-Out Deadline. The Claims Administrator shall provide the Parties with copies of all opt opt-out requests it receives and shall provide a list of all Class Members persons who timely and validly opted out of the settlement in their declaration filed with the Court, as required by Section 11. 0112.01. Members of the Settlement Class Members who do not properly and timely submit an opt opt-out request will be bound by this Agreement and the judgment, including the releases in Section XIV below, and are Settlement Class Members. A. In the written request for exclusion, the Class Member person exercising their right to opt out must (a) state his or her full name, address, and telephone number. Further, the Class Member must ; (b) include a an unequivocal statement in the written request for exclusion that he or she wishes to be excluded from the Settlementsettlement in the Action, identifying it by name and number (e.g., Xxxxx Xxxxxxx and Xxxxxxx Xxxxxxxxxxx v. xxxxXxxxx.xxx, LLC, Case No. CGC-23-60514 ); and (c) provide his or her original signature. B. Any Class Member person 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, nor any further orders or judgments entered for or against the Settlement Class. All members of the Settlement Class who validly opt out will not be eligible to receive any benefits under the settlement but will preserve their ability to independently pursue any claims they may have against loanDepot. C. After the expiration of the Opt Opt-Out Deadline, the Parties shall submit a list of valid opt opt-outs to the Court at or before the Final Approval Hearing. D. If Defendant loanDepot 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 person in the Settlement Class Member who does not timely comply with all requirements for opting out contained in this Agreement Agreement, and is otherwise a member of the Settlement Class, shall be a Settlement Class Member, bound by this Agreement, this Settlementsettlement, and the Release set forth in Section XIV belowherein, whether or not such Settlement Class Member objected to the settlement and whether or not such Settlement Class Member received consideration under the Settlement Agreement.