Released Claims of Settlement Class. Upon Final Approval, each member of the Settlement Class shall, by operation of the Judgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons in all capacities, including individual and trustee capacities, from any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of Final Approval, that relate to or arise out of Ocwen’s alleged use of equipment or methods to contact or attempt to contact Settlement Class Members by telephone for servicing or debt collection purposes during the Settlement Class Period, including but not limited to claims that relate to or arise out of Ocwen’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” as defined in the Telephone Consumer Protection Act.
Released Claims of Settlement Class. Upon Final Approval, Releasing Persons, including Plaintiff and each Settlement Class Member, shall, by operation of the Final Approval Order, automatically be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Parties from any and all claims, actions, causes of action, suits, debts, sums of money, payments, obligations, reckonings, promises, damages, interest, penalties, attorney’s fees and costs, liens, judgments, and demands of any kind whatsoever that accrued to each Releasing Person during the Class Period, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain in any way to Allstate’s audio recording of telephone calls to a cellular telephone.
Released Claims of Settlement Class. Upon Final Approval, each member of the Settlement Class shall, by operation of the Judgment to be entered pursuant to this Order, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished,
Released Claims of Settlement Class. Each member of the Settlement Class, as well as their respective family members, executors, representatives, adminstrators, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trustees, successors, predecessors, joint tenants, tenants in common, tenants by the entirety, co-mortgagors, co-obligors, co-debtors, attorneys, agents and assigns, and all those who claim through them or who assert claims (or could assert claims) on their behalf other than the Named Plaintiff, shall, by operation of the Final Order, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons from any and all claims, actions, causes of action, suits, defenses, debts, sums of money, payments, obligations, reckonings, promises, damages, penalties, attorney’s fees and costs, liens, judgments, and demands of any kind whatsoever that each member of the Settlement Class may have until the close of the Settlement Class Period or may have had in the past, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federal, state, or local law, statute, ordinance, regulations, contract, common law, or any other source, that were or could have been sought or alleged in the Litigation or that relate, concern, arise from, or pertain in any way to the Released Persons’ conduct, policies, or practices concerning Shellpoint’s placement of LPI Policies or to the receipt or disclosure or nodisclosure of charges related to the advanching of LPI premiums during the Settlement Class Period, including but not limited to conduct, policies or practices concerning LPI Policies or to charges for Shellpoint’s Placement of LPI Policies during the Settlement Class Period. In agreeing to this Release, Named Plaintiff explicitly acknowledges, and each Settlement Class Member is deemed to recognize, that unknown losses or claims could possibly exist and that any present losses may have been underestimated in amount or severity.
(i) The Release stated in Paragraph 12(b) above shall include, but not be limited to, all claims related to Shellpoint’s insurance requirements; the relationship, whether contractual or otherwise, between Shellpoint and the Xxxxxx Sealwell Company regarding LPI, including, but not limited to, the procuring, underwriting, p...
Released Claims of Settlement Class. Upon the Final Settlement Date, each 8 member of the Settlement Class, other than Plaintiff and those Settlement Class Members who 9 have validly opted out, shall, by operation of the final Judgment, be deemed to have fully, 10 conclusively, irrevocably, forever, and finally released, relinquished, and discharged the 11 Released Persons from any and all claims, actions, causes of action, suits, debts, sums of 12 money, payments, obligations, promises, damages, penalties, attorneys’ fees and costs, liens, 13 judgments, and demands of any kind whatsoever that each member of the Settlement Class 14 may have on or before the Final Settlement Date or may have had in the past, whether in 15 arbitration, administrative, or judicial proceedings, whether as individual claims or as claims
Released Claims of Settlement Class. Upon Final Approval, each Releasing Person shall, by operation of the Judgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons in all capacities, including individual and trustee capacities, from any and all Released Claims.
10.1.1 Upon Final Approval, Xxxxx XXX shall be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged Xxxxx Xxxxx, as well as his agents and attorneys, for all claims related to the Litigation.
Released Claims of Settlement Class. Upon Final Approval, each member of the Settlement Class, including the Plaintiffs, shall, by operation of the Judgment, be deemed to have fully, conclusively, irrevocably, forever and finally released, relinquished, and discharged the Released Persons from any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of Final Approval, that relate to or arise out of the Released Parties' use of equipment or methods to contact or attempt to contact Settlement Class Members by telephone for mortgage servicing or debt collection purposes during the Settlement Class Period, including but not limited to claims that relate to or arise out of the Released Parties' use of an “automatic telephone dialing system” or “artificial or prerecorded voice” as defined in the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. and any other statutory or common law claim arising from the use of a telephone dialing system or artificial or prerecorded calls to cellular telephones. For the avoidance of doubt, “Released Claims” include claims relating to or arising out of the equipment or method used to contact or attempt to contact Settlement Class Members by telephone, but do not include claims based on other aspects of calls, such as the substance of the calls or the time/date of any such calls.
Released Claims of Settlement Class. Upon Final Approval, each member of the Settlement Class, including the Plaintiff, and their present, former, or future executors, administrators, successors, predecessors, agents, parent entities, subsidiaries, divisions, related entities, affiliates, partners, limited partners, general partners, members, owners, investors, principals, employees, officers, directors, executive directors, managing directors, advisors of any kind, attorneys, servants, subrogees, indemnitors, insurers, heirs, personal or legal representatives, trusts, family member, and assigns, and any other person or entity who has the right, ability, standing, or capacity to assert, prosecute, or maintain on behalf of or through any member of the Settlement Class in such capacity only, shall be deemed to have, and by operation of the Judgment shall have, fully, conclusively, irrevocably, forever and finally resolved, released, relinquished, waived and discharged the Released Persons from any and all claims, causes of action, third-party claims, cross-claims, counterclaims, suits, obligations, debts, demands, agreements, promises, liabilities, damages, charges, losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever (including expert fees and disbursements of counsel and other professionals), whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, whether arising in equity or under the law of contract, tort, malpractice, statutory breach, or any other legal right or duty, whether direct, individual, representative, or in any other capacity, whether class or individual in nature, and to the fullest extent that the law permits their release in the Action, as of the date of Final Approval, that relate to or arise out of ECA’s use of equipment or methods to contact or attempt to contact Settlement Class Members by telephone during the Settlement Class Period (the “Released Claims”). For the avoidance of doubt, the Released Claims include claims relating to or arising out of the equipment or method used to contact or attempt to contact Settlement Class Members by telephone by ECA or any person allegedly or purportedly ac...
Released Claims of Settlement Class. Upon Final Approval, each member of the Settlement Class shall, by operation of the Judgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons in all capacities, including individual and trustee capacities, from any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of Final Approval, that relate to or arise out of Ocwen’s alleged use of equipment or methods to contact or attempt to contact Settlement Class Members by telephone for servicing or debt collection purposes during the Settlement Class Period, including but not limited to claims that relate to or arise out of Ocwen’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” as defined in the Telephone Consumer Protection Act. Without in any way limiting their scope, the Released Claims cover by example and without limitation, any and all claims for attorneys’ fees, costs, expert fees, or consultant fees, interest, or litigation fees, or any other fees, costs, and/or disbursements incurred by Class Counsel, Plaintiff, or any Settlement Class Members in connection with or related in any manner to this Settlement, the administration of this Settlement, and/or the Released Claims, except to the extent otherwise specified in the Settlement Agreement.
Released Claims of Settlement Class. Upon Final Approval, each member of the Settlement Class shall, by operation of the Judgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Parties in all capacities, including individual and trustee capacities, from any and all Released Claims.
