Procedure for Opt Outs. The deadline for opt out requests shall be set forth in the Preliminary Approval Order. Any request to opt out must be in writing and must include the name, address, telephone number, and last four digits of the Social Security Number of the class member seeking to opt out and a statement that the class member and all other borrowers named on the class member’s promissory note are seeking exclusion. Any opt out request must be personally signed by each person who was a party to the promissory note in connection with the class member’s PCC-Countrywide Loan, unless such person is deceased or legally incompetent. In the event a party to the promissory note is deceased or legally incompetent, the personal representative or guardian must sign the opt out request. Any opt out request must include a reference to “Gilmor v. Preferred Credit Corporation, Case No. 10-0189- CV-W-ODS” and be mailed to:
Procedure for Opt Outs. The deadline for opt out requests shall be set forth by the Court in the Preliminary Approval Order. Any exclusion request to opt out must be in writing and must include the name, address, telephone number, and last four digits of the Social Security Number of each individual seeking to opt out and a statement that the individual is a member of the Trust Loans Settlement Class and that he or she and all co-borrowers named on the individual’s promissory note is (are) seeking to opt out of the Settlement. Any opt out request must be personally signed by each person (borrower) who signed the promissory note in connection with the subject FCMC/CFG Related Trust Loan, unless such person is deceased or legally incompetent. In the event a person who signed the promissory note is deceased or legally incompetent, the personal representative or guardian of such person must sign the opt out request and present written proof of such representative capacity to sign. Any opt out request must include a reference to the Litigation: “Xxxxxxx v. U.S. Bank, National Association, Case No. CV- ” and be mailed to:
Procedure for Opt Outs. The deadline for opt-out requests shall be set forth in the Preliminary Approval Order. Any request to opt out must be in writing and must include the name, address, telephone number, last four digits of the Social Security Number of the Settlement Class Member seeking to opt out, and a statement that the Settlement Class Member and all other borrowers named on the Settlement Class Member’s Retail Installment Contract and Security Agreement or governing loan agreement are seeking exclusion. Any opt-out request must be signed by each person who was a party to the Retail Installment Contract and Security Agreement or governing loan agreement that is the subject of this Litigation, unless such person is deceased. If a party to the Retail Installment Contract and Security Agreement or governing loan agreement is deceased, a copy of the death certificate for such person shall be submitted with the opt-out request. Any opt-out request must include a reference to “Show-Me Credit Union v. Xxxxxx Xxxxxx, et al., Case No. 16AU-AC00046” and be mailed to the Settlement Administrator. Class Counsel will cause the Settlement Administrator to send all opt-out requests to Class Counsel and Counterclaim Defendant’s Counsel via email within two days after receiving said requests. To be timely and effective, any opt-out request must be postmarked by the date established by the Court in the Preliminary Approval Order. No member of the Settlement Class may opt out by having a request to opt out submitted and signed by an actual or purported agent or attorney acting on behalf of the Class Member. No opt-out request may be made on behalf of a group of Settlement Class Members. Each member of the Settlement Class not submitting an opt-out request that substantially complies with Paragraph 8 shall be included in the Settlement Class and deemed a Settlement Class Member. The Parties shall provide to the Court, by the date of the Final Approval Hearing, a list of all persons, by reference to a unique identifier and last four digits of their Social Security Number, who have timely and adequately filed a request to be excluded from the Settlement.
Procedure for Opt Outs. The deadline for opt-out requests shall be set forth in the
Procedure for Opt Outs. Any requests to opt out must be in writing and must include the name, address and telephone number of the person seeking to opt out and a statement that the person wishes to opt out of the Plaintiff Class. The opt out request must be personally signed by the Class Member who seeks to opt out; no Class Member may opt out by having a request to opt out submitted by an actual or purported agent or attorney acting on behalf of the Class Member. No opt out request may be made on behalf of a group of Class Members. Each Class Member who does not submit an opt out request substantially in compliance with this Section 10(a) on or prior to the date forty-five (45) days before the Court hearing date for final approval on this Agreement shall be included in the Plaintiff Class and deemed to participate in the settlement and release provided in this Agreement. For purposes of determining timeliness, an opt out request shall be deemed to have been submitted when received by the Settlement Administrator. The original opt out request(s) must be sent to and maintained by the Settlement Administrator. The Settlement Administrator shall provide copies to Plaintiffs’ Counsel and the Bank’s Counsel.
