Requests for Exclusion (Opt-Outs). Any Settlement Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails a Request for Exclusion pursuant to option (A), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. The Claims Administrator shall provide to counsel for Giftly all Requests for Exclusion and documents submitted therewith, and the Claims Administrator shall prepare a summary of the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, and state of the person or entity requesting exclusion. Persons who opt-out are not entitled to any award or benefit from the Settlement.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion (Opt-Outs). Any Settlement Class Member that who wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, or opt out of the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests must submit a written, signed Request for Exclusion must be signed and dated to the Class Counsel no later than 45 calendar days following the Notice Date (or other date required by the Settlement Class Member or its officer or legal representative, and be (ACourt) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out DateDeadline”). The Request for Exclusion must set forth the following:
i. the name of this Action (“Xxxx x. L’Occitane, or (B) received Inc.”);
ii. the full name, address, and telephone number of the person requesting to be excluded;
iii. the words “Request for Exclusion” at the top of the document; and
iv. a declaration stating “I request that I be excluded from the Settlement in Xxxx x. L’Occitane, Inc., Los Angeles Superior Court Case No. BC491880. I understand that by requesting to be excluded from the Class, I will not receive any benefits under the Settlement.” The Request for Exclusion must be personally signed by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails 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 a Request for Exclusion pursuant to option (A), it will be effective only if received substantially in compliance with this Section within the deadline set by the Claims Administrator on or before ten (10) calendar days after Court shall be deemed to participate in the Opt-Out DateSettlement and all releases provided in this Agreement. The Claims Administrator shall provide to counsel for Giftly all For purposes of determining timeliness, Requests for Exclusion shall be deemed to have been submitted on the date postmarked by the postal service or other expedited delivery service. After conferring with Defense Counsel regarding the exclusions mailed pursuant to this Section, Class Counsel shall file a list of Class Members who have timely and documents submitted therewith, and the Claims Administrator shall prepare validly excluded themselves as part of or a summary of the opt-outs supplement to be filed with the Court. With the Plaintiff’s Motion for Final Judgment, Class Counsel will file with the Court a complete list Approval of Requests for Exclusion from the Settlement Class, including only the name, city, and state of the person or entity requesting exclusion. Persons who opt-out are not entitled to any award or benefit from the Settlementas set forth in Section 3.9.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion (Opt-Outs). Any 8.5.1. Class Members who wish to exclude themselves from (opt-out of) the Class Settlement must send the Administrator, by mail, a signed written Request for Exclusion postmarked by the Response Deadline. A Request for Exclusion is a letter from a Class Member or his/her representative that wishes to seek exclusion from reasonably communicates the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants election to be excluded from the WeCare RGSettlement and includes the Class Member’s name, Inc.address and email address or telephone number. To be valid, et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests a Request for Exclusion must be signed and dated postmarked by the Response Deadline.
8.5.2. The Request for Exclusion must: (1) contain the name, address, and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be signed by the Class Member or its officer his or legal her lawful representative; and (4) be postmarked, faxed, or emailed by the Response Deadline. Any Class Member who submits a completed, signed and timely written Request for Exclusion shall no longer be a member of the Class, shall be barred from participating in this Settlement with respect to the Individual Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section
8.5.2.1. Any untimely or incomplete Opt Out shall be (A) mailed to considered null and void. If a Class Member submits both a completed, signed and timely Proof of Work and a completed, signed and timely Opt Out, then the Claims Administrator via First Opt Out shall be deemed invalid, and the Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to Member shall be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails a and participate in this Settlement.
8.5.2.1. A valid Request for Exclusion pursuant to option (A), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. The Claims Administrator shall provide to counsel for Giftly all Requests for Exclusion and documents submitted therewith, and the Claims Administrator shall prepare a summary of the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding on all Aggrieved Employees regardless of the requested exclusion. The Settlement ClassAdministrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven (7) days after the Response Deadline.
8.5.3. 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 only the nameParticipating Class Members’ Releases under Section 6.2 of this Agreement, city, and state of regardless whether the person Participating Class Member actually receives the Class Notice or entity requesting exclusion. Persons who opt-out are not entitled objects to any award or benefit from the Settlement.
8.5.4. 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 or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA Payment.
Appears in 1 contract
Requests for Exclusion (Opt-Outs). Any Settlement Class Member that who wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, or opt out of the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests must send a written, signed Request for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class Administrator no later than 45 calendar days following the Notice Date (or other date required by the Court) (the “Opt-Out DateDeadline”). The Request for Exclusion must set forth the following:
i. the name of this Action (“Xxxxx x. DCI”);
ii. the full name, or (B) received address, and telephone number of the person requesting to be excluded;
iii. the words “Request for Exclusion” at the top of the document; and
iv. a declaration stating “I request that I be excluded from the Settlement in Xxxxx v. DCI, San Bernardino Superior Court Case No. CIVSB2313668. I understand that by requesting to be excluded from the Class, I will not receive any benefits under the Settlement.” The Request for Exclusion must be personally signed by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails 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 a Request for Exclusion pursuant to option (A), it will be effective only if received substantially in compliance with this Section within the deadline set by the Claims Administrator on or before ten (10) calendar days after Court shall be deemed to participate in the Opt-Out DateSettlement and all releases provided in this Agreement. The Claims Administrator shall provide to counsel for Giftly all For purposes of determining timeliness, Requests for Exclusion shall be deemed to have been submitted on the date postmarked by the postal service or other expedited delivery service. After conferring with Defense Counsel regarding the exclusions mailed pursuant to this Section, Class Counsel shall file a list of Class Members who have timely and documents submitted therewith, and the Claims Administrator shall prepare validly excluded themselves as part of or a summary of the opt-outs supplement to be filed with the Court. With the Plaintiffs’ Motion for Final Judgment, Class Counsel will file with the Court a complete list Approval of Requests for Exclusion from the Settlement Class, including only the name, city, and state of the person or entity requesting exclusion. Persons who opt-out are not entitled to any award or benefit from the Settlementas set forth in Section 3.9.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion (Opt-Outs). Any Settlement Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for exclusion Exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. . To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s websiteMember purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and (c) a statement that the Settlement Class Member (i1) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with Giftly, Xxxxxx and (ii2) understands that by so doing, the Settlement Class Member will not be able to receive get any money or benefits from the settlement with Giftly Taitsu under the Settlement Agreement. All Requests for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A1) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”)Notice, or (B2) received by the Claims Administrator by the Opt-Out Datethat date, provided, however, that if a Settlement Class Member mails a Request for Exclusion the Opt-Out LAW OFFICES COTCHETT, XXXXX & Statement pursuant to option (A1), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the end of the Opt-Out Date. The Claims Administrator shall provide to counsel for Giftly all Requests for Exclusion and documents submitted therewith, and the Claims Administrator shall prepare a summary of the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, and state of the person or entity requesting exclusionPeriod. Persons who opt-opt out are not entitled to any monetary award or benefit from the SettlementSettlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion (Opt-Outs). Any Settlement Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for exclusion Exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. . To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s websiteMember purchased Capacitors directly from one or more of the Defendants during the Settlement Class Period; and (c) a statement that the Settlement Class Member (i1) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. In re Capacitors Antitrust Litigation class action settlement with GiftlyHitachi Chemical, and (ii2) understands that by so doing, the Settlement Class Member will not be able to receive any money or benefits from the settlement with Giftly Hitachi Chemical under the Settlement Agreement. All Requests for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A1) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B2) received by the Claims Administrator by the Opt-Opt- Out Date, provided, however, that if a Settlement Class Member mails a Request for Exclusion pursuant to option (A1), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. The Claims Administrator shall provide to counsel for Giftly Hitachi Chemical all Requests for Exclusion and documents submitted therewith, and the Claims Administrator shall prepare a summary of the opt-outs to be filed with the Court. With the Motion for Final JudgmentJudgement, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, city and state of the person or entity requesting exclusion. Persons who opt-out are not entitled to any monetary award or benefit from the SettlementSettlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion (Opt-Outs). Any Settlement Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for exclusion Exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. . To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s websiteMember purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and (c) a statement that the Settlement Class Member (i1) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with Giftly, Xxxxxxx and (ii2) understands that by so doing, the Settlement Class Member will not be able to receive get any money or benefits from the settlement with Giftly Shinyei under the Settlement Agreement. All Requests for Exclusion must be signed and dated LAW OFFICES COTCHETT, XXXXX & by the Settlement Class Member or its officer or legal representative, and be (A1) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”)Notice, or (B2) received by the Claims Administrator by the Opt-Out Datethat date, provided, however, that if a Settlement Class Member mails a Request for Exclusion the Opt-Out Statement pursuant to option (A1), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the end of the Opt-Out Date. The Claims Administrator shall provide to counsel for Giftly all Requests for Exclusion and documents submitted therewith, and the Claims Administrator shall prepare a summary of the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, and state of the person or entity requesting exclusionPeriod. Persons who opt-opt out are not entitled to any monetary award or benefit from the SettlementSettlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion (Opt-Outs). Any Settlement Class Member that who wishes to seek exclusion from opt-out of the Settlement Class by “opting out” must timely submit do so on or before the Exclusion/Objection Deadline specified in the Class Notice in the manner laid out in the Class Notice.
1. In order to become an Opt-Out, a written Class Member must mail a request for exclusion to the Claims Settlement Administrator (with a post-mark date no later than the Exclusion/Objection Deadline. The request for exclusion must be personally signed by the Class Member and include all information specified in the Class Notice. Opt-Outs may opt-out of the Class only on an individual basis; so-called “Request mass” or “class” opt-outs shall not be allowed and shall be of no force or effect. For the avoidance of doubt, no Class Member, or any person acting on behalf of or in concert with that Class Member, may submit a request for Exclusion”)exclusion of any other Class Member. If a Class Member submits both a request for exclusion and a Claim Form, notice the Claim Form shall take precedence and the Class Member shall not be deemed to have validly excluded themselves from the Settlement. In the event that two Class Members are co-borrowers on the same Mortgage account and one Class Member opts out of which the Settlement, both Class Members will be provided treated as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address opt-outs and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement neither Class Member will be eligible to receive a Settlement payment.
2. No later than five (i5) wants to be excluded from Days after the WeCare RG, Inc., et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doingExclusion/Objection Deadline, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails a Request for Exclusion pursuant to option (A), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. The Claims Administrator shall provide to counsel Class Counsel and Counsel for Giftly all Requests for Exclusion Xxxxx Fargo a complete and documents submitted therewith, and the Claims Administrator shall prepare a summary final list of the optOpt-outs to be filed with the CourtOuts. With the Motion for Final JudgmentApproval of the Settlement, Class Counsel will file with the District Court a complete list of Requests for Exclusion from the Settlement ClassOpt-Outs, including only the name, city, and state of the person or entity requesting exclusion. Persons who optexclusion (the “Opt-out are not entitled Out List”).
a. With respect to any award Opt-Outs, Xxxxx Fargo reserves all legal rights and defenses, including, but not limited to, any defenses relating to whether the person qualifies as a Class Member and/or has standing to bring any claim.
x. Xxxxx Fargo may challenge the validity of any Opt-Out by filing a motion with the Court within five (5) Days of the Settlement Administrator providing Counsel for Xxxxx Fargo a complete and final list of Opt-Outs. The Court shall have jurisdiction to resolve any disputes regarding the validity of Opt-Outs. Any decision by Xxxxx Xxxxx not to dispute an Opt-Out shall not be a waiver, determination, or benefit from preclusive finding against the SettlementClass Releasees in any proceeding.
c. In the event that the number of Opt-Outs meets the conditions set forth in a confidential supplemental letter agreement between the Parties, Xxxxx Fargo, in its sole discretion, may terminate this Agreement pursuant to Paragraph VIII.E. The supplemental letter shall not be submitted to the Court except in the event of a dispute thereunder or a separate Court order, in which case the Parties shall seek to file it only under seal.
Appears in 1 contract
Samples: Settlement Agreement