Requests for Exclusion. Any Settlement Class member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline").
Requests for Exclusion. 1. The provisions of this section shall apply to any request by a Class member for exclusion from the Class.
Requests for Exclusion. The Notice shall advise all Settlement Class Members of their right to exclude themselves from the Settlement. This Settlement Agreement will not bind Settlement Class Members who opt-out of the Settlement.
Requests for Exclusion. (Opt-outs)
Requests for Exclusion. Any Settlement Class Member may Opt-Out. A Settlement Class Member who wishes to Opt-Out must do so no later than the Opt-Out Deadline. In order to Opt-Out, a Settlement Class Member must mail to the Settlement Administrator a request to Opt-Out that is received no later than the Opt-Out Deadline. The Opt-Out request must contain the requestor’s name, address, the words “I wish to be excluded from the Xxxx Xxxxx, et al. v. Dolgencorp, LLC, et al. Class Action,” and original signature. Opt-Out requests that are received after the Opt-Out Deadline will be considered invalid and of no effect, and the Person who submits an untimely Opt-Out request will remain a Settlement Class Member and will be bound by any Orders entered by the Court, including the Final Approval Order. Except for those Persons who have properly and timely submitted Opt-Out requests, all Settlement Class Members will be bound by this Agreement and the Final Approval Order, including the Releases contained herein, regardless of whether they file a Claim or receive any monetary relief. Any Person who timely and properly submits an Opt-Out request shall not: (a) be bound by any orders or the Final Approval Order nor by the Releases contained herein; (b) be entitled to any relief under the Settlement; (c) gain any rights by virtue of this Agreement; or (d) be entitled to object to any aspect of this Agreement. Each Person requesting to Opt-Out from the Settlement Class must personally sign his/her own individual Opt-Out request. No Person may Opt-Out of the Settlement Class by any other Person, and no Person shall be deemed to have Opted-Out of the Settlement Class through any purported “mass” or “class” Opt-Outs. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with a final list of timely Opt-Out requests received by the Settlement Administrator within seven (7) days after the Opt-Out Deadline. In the event that a Person submits an Opt-Out and an Objection, or presents a submission that is otherwise unclear on its face, as determined by the Settlement Administrator, the submission shall be interpreted to be an Opt-Out.
Requests for Exclusion. Any Settlement Class Member who wishes to be excluded from the Settlement Class and not be bound by this Agreement must submit a written request for exclusion to the Class Notice Administrator at the address specified in the Class Notice. To be timely, the request for exclusion must either be post marked by the date specified in the Preliminary Approval Order or received within seven days of that date. The request for exclusion must use the Form attached as Exhibit D (“Request for Exclusion”), which will be included in the Class Notice. To be effective, the Request for Exclusion must be sent in accordance with the Class Notice and must include all information requested in the form. Any Request for Exclusion must be personally signed by the person requesting exclusion and by all persons who own to any extent the motorcycle for which exclusion is sought. Any Settlement Class Member who fails to submit a timely, compliant and complete Request for Exclusion sent to the proper address shall be subject to and bound by this Agreement, all determinations of the Court, and all orders and judgments entered. Any purported Request for Exclusion sent to such address that is ambiguous or internally inconsistent with respect to the Settlement Class Member's desire to be excluded from the Settlement Class will be deemed invalid unless determined otherwise by the Court. The Class Notice Administrator will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Harley-Davidson's counsel for determining whether they meet the requirements of a Request for Exclusion. Any communication 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 from the Settlement Class will be evaluated jointly by Class Counsel and Harley-Davidson's counsel, 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 resolved by the Court. The Class Notice Administrator will maintain a list of all Requests for Exclusion, and shall report the names and addresses of all such persons requesting exclusion to the Court, Harley- Davidson's counsel, and Class Counsel seven days prior to the Final Approval Hearing, and the list of persons deemed by the Court to have excluded themselves from the Settle...
Requests for Exclusion a. Settlement Class Members may submit a Request for Exclusion from (i.e., “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection.
Requests for Exclusion. This Settlement Agreement will not bind Settlement Class Members who timely and validly request to be excluded (also known as opting-out) of the settlement. Individual requests for exclusion may be submitted to the Settlement Administrator electronically (through the Settlement Website) or by postal mail, but if submitted by postal mail, each Settlement Class Member must pay for postage. No mass opt-outs are allowed.
Requests for Exclusion. All Expungement Settlement Class Members shall be given the opportunity to opt out of the Expungement Settlement Class by submitting a Request for Exclusion. All Requests for Exclusion must be in writing, sent to the Settlement Administrator and postmarked no later than thirty (30) days before the Final Approval Hearing. To be valid, a Request for Exclusion must be personally signed and must include: (i) name, address and telephone number; (ii) and a statement substantially to the effect that: “I request to be excluded from the Expungement Settlement Class in Xxxxxx v. RealPage, Inc., Case No. 2:15-cv-01520-JP, United States District Court, Eastern District of Pennsylvania.” A Request for Exclusion submitted on the Opt-Out Form shall be presumed valid. Notwithstanding the foregoing, no person within the Expungement Settlement Class, or any person acting on behalf of or in concert or participation with that person, may submit a Request for Exclusion of any other person within the Expungement Settlement Class. Requests for Exclusion submitted en masse will be invalid.
Requests for Exclusion. Members of the Settlement Class shall have the right to elect to exclude themselves, or “opt out,” of the monetary portion of this Agreement, relinquishing their rights to cash compensation under this Agreement and preserving their claims for damages that accrued during the Class Period, pursuant to this paragraph:
