Proposed Settlement Class Counsel on behalf of the Settlement Class, is expressly 16 authorized by Representative Plaintiffs to take all appropriate actions required or permitted to be 17 taken by the Settlement Class pursuant to the Settlement Agreement to effectuate its terms, and 18 also are expressly authorized to enter into any modifications or amendments to the Settlement 19 Agreement on behalf of the Settlement Class which they deem appropriate in order to carry out 20 the spirit of this Settlement Agreement and to ensure fairness to the Settlement Class.
Proposed Settlement Class Counsel and Defendant’s counsel shall request that after notice is completed the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein.
Proposed Settlement Class Counsel and ETZ counsel shall request that after Notice is completed, the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein.
Proposed Settlement Class Counsel and counsel for ETZ shall be given reports as to both claims and distribution and have the right to review and obtain supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate.
Proposed Settlement Class Counsel will seek, and the 49ers has agreed not to oppose, an 27 order from the Court awarding $2,500 in service awards to each of the Class Representatives in this 1 case. 2
Proposed Settlement Class Counsel and counsel for AGH shall be given reports as to both claims and distribution, and have the right to review and obtain supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate.
Proposed Settlement Class Counsel shall request that after notice is completed, the Court hold a hearing (the “Final Approval Hearing”) and grant final approval of the settlement set forth herein. The Final Approval Hearing shall be on or around—but not less than—sixty (60) days from the date that the Short Form Notice is postmarked, subject to the Court’s availability and schedule.
4. 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. For a Settlement Class Member’s Opt-Out to be valid and treated as a Successful Opt-Out, it must (a) set forth the Class Member’s full name, current address, and telephone number; and (b) unequivocally state the Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlement Agreement, not to participate in the Settlement Agreement, and/or to waive all right to the benefits of the Settlement Agreement. Statements generally objecting to the Settlement Agreement or to specific terms of the Settlement Agreement, but which do not clearly express an intent to opt out as set forth above are not valid Opt-Outs. To be effective, written notice must be postmarked no later than thirty (30) days after the date that the Short Form Notice is postmarked. No person shall purport to exercise any exclusion rights of any other person, or purport to opt-out Settlement Class Members as a group, aggregate, or class involving more than one Settlement Class Member, or opt-out more than one Settlement Class Member on a single paper, or as an agent or representative; any such purported Opt-Outs shall be void, and the Class Member(s) that is or are the subject of such purported Opt- Out shall be treated as a Settlement Class Member. Opt-Outs for a Settlement Class Member may, however, be prepared and mailed by counsel for that Settlement Class Member, subject to the other limitations of this section. At the expiration of the Opt-Out Period, Proposed Settlement Class Counsel, counsel for Xxxx, and the Claims Administrator shall create a comprehensive list of Successful Opt-Outs and file the list with the Court under seal to protect the privacy interests of the Successful Opt-Outs. The Parties shall, if possible, agree as to whether a communication from a Settlement Class Member is a request to Opt-Out. Xxxx or Proposed Settlement Class Counsel may dispute an Opt-Out or purported ...
Proposed Settlement Class Counsel and CSI’s counsel shall request that after notice is completed, the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein.
Proposed Settlement Class Counsel and counsel for Defendant shall be given reports as to both claims and distribution, and will have the right to review and obtain supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate. The Claims Administrator’s and/or Claims Referee’s determination of the validity or invalidity of any such claims shall be binding, subject to the Dispute Resolution process set forth above in § IV.2.7 and IV.2.7.1-4.
9.2 Checks for approved claims shall be mailed and postmarked, and/or electronic payments shall be issued, within sixty (60) days of the Effective Date or within sixty (60) days of the date that the claim is approved, whichever is later.
9.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise allowed, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Judgment.
9.4 No Person shall have any claim against the Claims Administrator, Claims Referee, Gas South, Proposed Settlement Class Counsel, Plaintiffs, and/or counsel for Gas South based on distributions of benefits to Settlement Class Members.
Proposed Settlement Class Counsel and HMHD shall be given reports as to both claims and distribution, and have the right to review and obtain supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate. The Administrator’s determination of the validity or invalidity of any such claims shall be binding. All claims agreed to be paid by HMHD shall be deemed valid.
