Request for Exclusion from the Settlement Sample Clauses

Request for Exclusion from the Settlement. Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit a request for exclusion (“Request for Exclusion”) to the Claim Administrator at the address specified in the Class Notice by the date specified in the Preliminary Approval Order and recited in the Class Notice. To be effective, the Request for Exclusion must: 1. include the Settlement Class Member's full name, address and telephone number; 2. identify the model, model year and VIN of the Settlement Class Vehicle; and 3. specifically and unambiguously state his, her or its desire to be excluded from the Settlement Class. 4. Any request or exclusion must be postmarked on or before the deadline set by the Court, which date shall be approximately thirty (30) days after the Notice Date. Any Settlement Class Member who fails to submit a timely and complete Request for Exclusion sent to the proper address, shall be subject to and bound by this Settlement Agreement, the Release and every order or judgment entered relating to this Settlement Agreement. 5. The Claim Administrator will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Defendants’ counsel for determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection or a comment) as to which it is not readily apparent whether the Settlement Class Member meant to exclude himself, herself or itself from the Settlement Class will be evaluated jointly by counsel for the Parties, who will make a good faith evaluation, if possible. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class will be submitted to the Court for resolution. The Claim Administrator will maintain a database of all Requests for Exclusion, and will send the original written communications memorializing those Requests for Exclusion to Class Counsel and Defendants’ counsel. The Claim Administrator shall report the names and addresses of all such persons and entities requesting exclusion to the Court, Class Counsel and Defendants’ Counsel within eighteen (18) days prior to the Final Hearing, and the list of persons and entities deemed by the Court to have excluded themselves from the Settlement Class will be attached as an exhibit to the Final Order and Judgment.
Sample 1Sample 2Sample 3See All (7)
AutoNDA by SimpleDocs
Request for Exclusion from the Settlement. (1) Any Settlement Class Member that wishes to be excluded from the Settlement Class must, by first-class mail postmarked no later than thirty (30) days after the Notice Date, mail a each of the following: (a) the Claim Administrator, Angeion Group, at the address specified in the Class Notice; (b) Xxxxxxxx Xxxxxxx, Esq., Xxxxxx Xxxxxxxx PC, 0000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxxx, XX 00000 on behalf of Class Counsel; and (c) Xxxxxxx X. Xxxxxx, Esq., Xxxxxxxx & Xxxxx, P.C., 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 on behalf of Defendant. (2) To be effective, the Request for Exclusion must: (a) number; (b) identify the model, model year and VIN of the Settlement Class Vehicle; (c) state that he/she/it is or was a present or former owner or lessee of a Settlement Class Vehicle; and (d) specifically and unambiguously state his/her/its desire to be excluded from the Settlement Class. (3) Any Settlement Class Member who fails to submit a timely and complete Request for Exclusion in accordance with the requirements set forth above, shall remain in, and not be excluded from, the Settlement Class, and shall be subject to and bound by this Settlement Agreement, the Release of Claims, and every order or judgment entered relating to this Settlement Agreement. (4) Any Settlement Class Member who submits a timely and proper Request for Exclusion cannot also submit an objection to the Settlement. (5) The Claim Administrator will receive purported Requests for Exclusion and shall consult with Class Counsel and Defense Counsel in determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection or a comment) as to which it is not readily apparent whether the Settlement Class Member intended to be excluded from the Settlement Class shall be evaluated jointly by counsel for the Parties, who shall make a good faith evaluation. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class shall be submitted to the Court for resolution. The Claim Administrator shall maintain a database of all Requests for Exclusion, and shall send written communications memorializing those Requests for Exclusion to Class Counsel and Defense Counsel. The Claim Administrator shall report the names and addresses of all such persons and entities that submitted timely and proper Requests for Exclusion to the Court, Class Counsel and Defense C...
Sample 1Sample 2
Request for Exclusion from the Settlement. (“Opt-Out”). The Notice Packet will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator an Exclusion Form. The written request for exclusion must: (a) include the Class Member’s name, address, and last four digits of the social security number;
Sample 1
Request for Exclusion from the Settlement. 1. Any Settlement Class Member who wishes to be excluded from the Settlement Class must timely mail, by U.S. first-class mail, a request for exclusion (“Request for Exclusion”) to the Claim Administrator at the address specified in the Class Notice, by the deadline set forth below and specified in the Preliminary Approval Order. To be effective, the Request for Exclusion must be sent to the specified address and: (a) include the Settlement Class Member’s full name, address and telephone number; (b) identify the model, model year and VIN of the Settlement Class Vehicle; and (c) specifically and unambiguously state his/her/its desire to be excluded from the Settlement Class. 2. Any request for exclusion must be postmarked on or before the deadline set by the Court, which date shall be approximately forty-five (45) days after the Notice Date, and mailed to each of the following: the Claim Administrator, P.O. Box 44, Minneapolis, MN 55440-0044, Xxxxxxxx X. Xxxxxxxx, Esq., Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxx, Xxxxx & Xxxxxxx, P.C., 0 Xxxxxx Xxxx Road, 2nd Floor, Roseland, New Jersey 07068, and Xxxxxxx X. Xxxxxx, Esq., Xxxxx, Xxxxx & Xxxxx, L.L.P., 0 Xxxxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000. Any Settlement Class Member who fails to submit a timely and complete Request for Exclusion mailed to the proper address, shall be subject to and bound by this Settlement Agreement, the Release, and every order or judgment entered relating to this Settlement Agreement.
Sample 1
Request for Exclusion from the Settlement. (“Opt-Out”). Settlement Class Members shall have sixty (60) calendar days from the Notice Date to request to opt out. The Class Notice will provide that Settlement Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator a Request for Exclusion. A written request to opt out should: (1) state the Settlement Class Member’s name, mailing address, and email or telephone number; (2) state that the Settlement Class Member wishes to opt out from the Settlement; (3) be signed by the Settlement Class Member; and (4) be postmarked no later than the Objection/Exclusion Deadline. The request for exclusion must be personally signed by the person requesting exclusion. So-called “mass” or “class” exclusion requests shall not be allowed.
Sample 1
Request for Exclusion from the Settlement. (“Opt-Out”). The Notice Packet will provide that Class Members who wish to exclude themselves
Sample 1
Request for Exclusion from the Settlement. 1. Any Settlement Class Member who wishes to be excluded from the Settlement Class must timely mail a request for exclusion (“Request for Exclusion”) to the Claim Administrator at the address specified in the Class Notice, by the deadline set forth below and specified in the Preliminary Approval Order. To be effective, the Request for Exclusion must be sent to the specified address and: (i) include the Settlement Class Member’s full name, address, and telephone number; (ii) identify the model, model year, and VIN of the Settlement Class Vehicle; and (iii) specifically and unambiguously state his/her/their/its desire to be excluded from the Settlement Class. 2. Any request for exclusion must be postmarked on or before the deadline set by the Court, which date shall be approximately forty-five (45) days after the Notice Date, and mailed to each of the following: the Claim Administrator at an address to be provided; Xxxxxxx
Sample 1
AutoNDA by SimpleDocs

Related to Request for Exclusion from the Settlement

  • Requests for Exclusion (Opt-Outs) 6.5.1. Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than 45 days after the Administrator mails the Class Notice (plus an additional 14 days for Class Members whose Class Notice is re-mailed). A Request for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates the Class Member’s election to be excluded from the Settlement and includes the Class Member’s name, address and email address or telephone number. To be valid, a Request for Exclusion must be timely faxed, emailed, or postmarked by the Response Deadline. 6.5.2. The Administrator may not reject a Request for Exclusion as invalid because it fails to contain all the information specified in the Class Notice. The Administrator shall accept any Request for Exclusion as valid if the Administrator can reasonably ascertain the identity of the person as a Class Member and the Class Member’s desire to be excluded. The Administrator’s determination shall be final and not appealable or otherwise susceptible to challenge. If the Administrator has reason to question the authenticity of a Request for Exclusion, the Administrator may demand additional proof of the Class Member’s identity. The Administrator’s determination of authenticity shall be final and not appealable or otherwise susceptible to challenge. 6.5.3. Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases paragraph of this Agreement, regardless of whether the Participating Class Member actually receives the Class Notice or objects to the Settlement. 6.5.4. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment, nor shall they have the right to object to the class action components of the Settlement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!