Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class. 9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice. 9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order. 9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class. 9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement. 9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement. 9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date. 9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement. 9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 4 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Requests for Exclusion. 9.1 1. The provisions of this section shall apply to any request by a Class Member member for exclusion from the Class.
9.2 2. Any Class Member member may make a request for exclusion by submitting such request in writing as set forth in the NoticeClass notice.
9.3 3. Any request for exclusion must be submitted no not later than the date specified in the Court’s preliminary approval order.
9.4 4. Any request for exclusion shall (i) state the Class Membermember’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class.
9.5 5. Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member member being bound by the terms of the Settlement Agreement.
9.6 6. Any Class Member member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator 7. HMA and KMA shall report the names of all Class Members members who have submitted a request for exclusion to the Parties Class Counsel on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead 8. Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Membersmembers, including any agreements with respect to referring, soliciting, or encouraging any Class Members members to request to be excluded (or “opt out”) from this agreement.
9.9 9. Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Requests for Exclusion. 9.1 Any Person within the Settlement Class who wishes to opt out of the Settlement Class and Settlement must file a written and signed statement entitled “Request for Exclusion” with the Notice Administrator and provide service on all Parties in accordance with Federal Rule of Civil Procedure 5.
9.7.1. The provisions Request for Exclusion must certify, under penalty of this section shall apply perjury in accordance with 28 U.S.C. § 1746, that the filer has been legally authorized to any request by exclude the Person from the Settlement and must:
9.7.1.1. provide an affidavit or other proof of the standing of the Person requesting exclusion and why they would be a Settlement Class Member absent the Request for Exclusion;
9.7.1.2. provide the filer’s name, address, telephone and facsimile number and email address (if available);
9.7.1.3. provide the name, address, telephone number, and e-mail address (if available) of the Person whose exclusion from is requested; and
9.7.1.4. be received by the Class.
9.2 Any Class Member may make a request Notice Administrator no later than the date designated for exclusion by submitting such request in writing as set forth purpose in the Notice.
9.3 Any request 9.7.2. All Requests for exclusion Exclusion must be filed and served on such schedule as the Court may direct. In seeking Preliminary Approval, the Parties will request that the deadline for submission of Requests for Exclusion shall be set on a date no less than sixty (60) calendar days after commencement of dissemination of the Notice. Requests for Exclusion submitted no later than the date specified in the Court’s preliminary approval orderby any Settlement Class Member to incorrect locations shall not be valid.
9.4 9.7.3. Any request Person that submits a timely and valid Request for exclusion Exclusion shall not (i) state be bound by any orders or judgments effecting the Class Member’s full name and current address, Settlement; (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire be entitled to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms any of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights relief or other benefits provided under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or (iv) be entitled to submit an Objection.
9.7 The 9.7.4. Any Settlement Administrator shall report the names of all Class Members who have submitted Member that does not submit a request timely and valid Request for exclusion Exclusion submits to the Parties on a weekly basisjurisdiction of the Court and, beginning 30 days after unless the Notice DateSettlement Class Member submits an Objection that complies with the provisions of Paragraph 9.6, shall waive and forfeit any and all objections the Settlement Class Member may have asserted.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, 9.7.5. No “mass,” “class,” “group” or encouraging any Class Members to request to otherwise combined Request for Exclusion shall be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Courtvalid, and Co- Lead no Person within the Settlement Class Counsel agree to abide by that provision as may be required by the Courtsubmit a Request for Exclusion on behalf of any other Settlement Class Member.
Appears in 3 contracts
Samples: Class Action Settlement Agreement (DuPont De Nemours, Inc.), Class Action Settlement Agreement (Chemours Co), Class Action Settlement Agreement
Requests for Exclusion. 9.1 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").
i. The provisions Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of this section shall apply the Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to any request be excluded from the Settlement; (3) be signed by a the Settlement Class Member member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Class.
9.2 Any Class Member may make Settlement, except a request Request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Exclusion not containing a Class Member’s full name and current address, (ii) provide telephone number and/or last four digits of the model year and Vehicle Identification Number (“VIN”) Social Security number will be deemed valid. The date of his/her/its the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being not be bound by the terms of the Settlement Agreementor have any right to object, appeal or comment thereon.
9.6 Any ii. The Parties agree there is no statutory or other right for any Settlement Class Member member to opt out or otherwise exclude himself or herself from the PAGA portion of the Settlement. A Settlement Class member who submits a valid and timely request Request for exclusion may not file an objection to the Settlement and Exclusion shall be deemed to have waived any rights still receive his or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification her proportionate share of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtPAGA Amount.
Appears in 3 contracts
Samples: Settlement Agreement, Stipulation of Settlement, Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Settlement Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion Opt-Out. A Settlement Class Member who wishes to Opt-Out must be submitted do so no later than the date specified in Opt-Out Deadline. In order to Opt-Out, a Settlement Class Member must mail to the CourtSettlement 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 preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current name, address, (ii) provide the model year and Vehicle Identification Number (words “VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire I wish to be excluded from the Xxxx Xxxxx, et 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 Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Settlement Class Member being bound by the terms must personally sign his/her own individual Opt-Out request. No Person may Opt-Out of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement by any other Person, and no Person shall be deemed to have waived Opted-Out of the Settlement Class through any rights purported “mass” or benefits under this Settlement Agreement.
9.7 “class” Opt-Outs. The Settlement Administrator shall report provide Class Counsel and Defendants’ Counsel with a final list of timely Opt-Out requests received by the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 Settlement Administrator within seven (7) days after the Notice Date.
9.8 CoOpt-Lead Class Counsel represent Out Deadline. In the event that a Person submits an Opt-Out and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, solicitingan Objection, or encouraging any Class Members to request presents a submission that is otherwise unclear on its face, as determined by the Settlement Administrator, the submission shall be interpreted to be excluded (or “opt out”) from this agreementan Opt-Out.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Requests for Exclusion. 9.1 6.1 The provisions of this section Section 6 shall apply to any request by a Class Member for exclusion from the Class.
9.2 6.2 Any Class Member may make a request for exclusion by submitting such request in writing (by U.S. mail or email) as set forth in the Long Form Notice.
9.3 6.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval orderPreliminary Approval and Class Certification Order.
9.4 6.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) VIN of his/her/its their Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its their desire to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to 6.5 All Class Members who do not timely submit the request for exclusion will result in exclude themselves from the Class Member being shall in all respects be bound by the all terms of the this Settlement Agreement, and the Final Approval Order and Judgment finally dismissing the Released Claims as against Defendants and the Released Persons and shall be permanently barred from commencing, instituting, or prosecuting any action based on any Released Claims against Defendants or against any Released Persons in any court of law or equity, arbitration, tribunal, or administrative or other forum.
9.6 6.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 6.7 The Settlement Administrator shall report the names number of all Class Members who have submitted a request for exclusion to the Parties Class Counsel and Defendants on a bi-weekly basis, beginning 30 ten (10) days after the Notice DateDate and ending thirty (30) days following the request for exclusion submission deadline specified in the Preliminary Approval and Class Certification Order.
9.8 Co-Lead 6.8 Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreementSettlement Agreement.
9.9 6.9 Upon certification of the Class in connection with the Preliminary Approval preliminary approval of this agreementSettlement Agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval and Class Certification Order from the Court a provision encouraging all written communications made by attorneys other than Class Counsel to multiple Class Members with respect to this Settlement Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Settlement Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion Opt-Out. A Settlement Class Member who wishes to Opt-Out must be submitted do so no later than the date specified in Opt-Out Deadline. In order to Opt-Out, a Settlement Class Member must mail to the CourtSettlement 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 preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current name, address, (ii) provide the model year and Vehicle Identification Number (words “VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire I wish to be excluded from the Xxxxx Xxxxxx, et al., v. Xxxxxxx Xxxxxxx Beverage USA, Inc., et al., Class Action,” and 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 Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Settlement Class Member being bound by the terms must personally sign his/her own individual Opt-Out request. No Person may Opt-Out of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement by any other Person, and no Person shall be deemed to have waived Opted-Out of the Settlement Class through any rights purported “mass” or benefits under this Settlement Agreement.
9.7 “class” Opt-Outs. The Settlement Administrator shall report provide Class Counsel and Defendants’ Counsel with a final list of timely Opt-Out requests received by the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 Settlement Administrator within five (5) business days after the Notice Date.
9.8 CoOpt-Lead Class Counsel represent Out Deadline. In the event that a Person submits an Opt-Out and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, solicitingan Objection, or encouraging any Class Members to request presents a submission that is otherwise unclear on its face, as determined by the Settlement Administrator, the submission shall be interpreted to be excluded (or “opt out”) from this agreementan Opt-Out.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a 1. Any potential Class Member for exclusion from the Class.
9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire who wishes to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound must mail by the terms of the Settlement Agreement.
9.6 Any Class Member who submits first-class mail or otherwise deliver a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a written request for exclusion to the Administrator, care of the address provided in the Notice, such that it is received no later than thirty days (30) days before the Fairness Hearing, or as the Court may otherwise direct. A list of the persons and entities who have validly and timely requested exclusion from the Class shall be provided by the Settling Parties on a weekly basis, beginning 30 days after to the Notice DateCourt at or before the Fairness Hearing.
9.8 Co-Lead 2. A potential Class Counsel represent Member’s request for exclusion shall include the following information: (i) name; (ii) address; (iii) telephone number; (iv) the dates the Class Member resided at Gateway Plaza; and warrant that they have no other agreements with other counsel respecting (v) the building and apartment number of the apartment at Gateway Plaza in which the Class MembersMember resided or resides. The failure to provide such information shall be grounds for voiding the exclusion. Any Class Member who files a deficient exclusion shall be immediately notified by the Administrator and given five (5) business days to cure such deficiency, including providing documentation sufficient to establish the accuracy of the information deemed deficient if so requested.
3. Unless otherwise ordered by the Court, any agreements with respect to referringpotential Class Member who does not file a timely written request for exclusion as provided by this Section shall be bound by the Release and by all proceedings, solicitingorders and judgments in the Action, even if he or she has pending, or encouraging subsequently initiates, litigation, arbitration or any Class Members other proceeding, or has any Claim, against any or all of the Releasees relating to request to be excluded (or “opt out”) from this agreementany of the Released Claims.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek 4. The schedule reflected in the Preliminary Approval Order from and proposed Notice submitted to the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved shall provide that within three (3) days of receipt by Co-Lead Class Counsel and or the CourtAdministrator of any request for exclusion, and Co- Lead Class copies of all such requests shall be provided to Counsel agree to abide by that provision as may be required by the Courtfor Xxxxxx Xxxxxx.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Any Settlement Class Member who wishes to opt out of the Settlement must complete and mail a Request for Exclusion Form to the Claims Administrator within 60 calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline”).
i. The Request for Exclusion Form must: (1) contain the name, address, telephone number, of the Settlement Class Member; (2) be signed by the Settlement Class Member; and (3) be postmarked by the Response Deadline and mailed to the Claims Administrator at the address specified in the Class Notice. If the Request for Exclusion Form does not contain the information listed in items (1)-(3), it will not be deemed valid for exclusion from this Settlement. The date of the Class.
9.2 postmark on the Request for Exclusion Form shall be the exclusive means used to determine whether a Request for Exclusion Form has been timely submitted. Any potential Settlement Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire who validly requests to be excluded from the Settlement will no longer be a member of the Settlement Class, will not be entitled to any recovery under this Settlement Agreement, and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being not be bound by the terms of the Settlement Agreement.
9.6 Any or have any right to object, appeal, or comment thereon, except as follows: each Class Member who submits was employed by Defendant during the PAGA Period will be issued a timely request check for exclusion may not file an objection to their share of the Settlement PAGA Amount regardless of whether they submit a valid Request for Exclusion from the Settlement, and such employees shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 released the Released Parties of and from the PAGA Released Claims regardless of whether they submit a valid Request for Exclusion Form from the Settlement. The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead notify Class Counsel and Defendant’s Counsel of its receipt of all valid Request for Exclusion Forms within three (3) business days after having received each such Request for Exclusion
ii. At no time will the CourtParties or their counsel seek to solicit or otherwise encourage any Settlement Class Member to object to the Settlement or opt out of the Settlement Class, and Co- Lead or encourage any Settlement Class Counsel agree Member to abide by that provision as may be required by appeal from the Courtfinal judgment.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Requests for Exclusion. 9.1 The provisions A. Any member of this section shall apply the Class who wishes to any request by a Class Member for exclusion be excluded from the Class.
9.2 Any Class Member may make must mail a written request for exclusion by submitting such request in writing as set forth to the Class Action Settlement Administrator at the address provided in the Long Form Notice.
9.3 Any request for exclusion must be submitted , postmarked no later than the date specified in ordered by the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase specifying that he or lease, and (iii) specifically and clearly state his/her/its desire she wishes to be excluded from the Settlement and from otherwise complying with the Class.
9.5 Failure terms stated in the Long Form Notice and Preliminary Approval Order. The Class Action Settlement Administrator shall forward copies of any written requests for exclusion to comply Plaintiffs’ Class Counsel and Stericycle’s Counsel. A list reflecting all requests for exclusion shall be filed with these requirements and to timely submit the Court by the Class Action Settlement Administrator later than thirty (30) days before the date of the Fairness Hearing. If a potential Class Member files a request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion exclusion, he or she may not file an objection to under Section VII. A member of the Settlement Class may opt-out on an individual basis only. So-called “mass” or “class” opt-outs, whether filed by third parties on behalf of a “mass” or “class” of class members or multiple class members where no personal statement has been signed by each and every individual class member, shall not be deemed to have waived any rights or benefits under this Settlement Agreementallowed.
9.7 The Settlement Administrator shall report B. Any member of the names of all Class Members who have submitted does not file a timely written request for exclusion as provided in Section VI.A shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Order and Final Judgment in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Stericycle relating to the Parties on claims and transactions released in the Actions. Stericycle’s Counsel shall provide to the Class Action Settlement Administrator, within twenty (20) days of the entry of the Preliminary Approval Order, a weekly basis, beginning 30 days after list of all counsel for anyone who has then-pending litigation against Stericycle relating to claims involving the Notice Datepricing practices at issue and/or otherwise covered by the Release.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification C. Any member of the Class who institutes a lawsuit against Stericycle arising out of or relating to the issues raised in connection with the Actions and/or resolved by this Settlement between the time of Preliminary Approval and Final Approval will be considered an Opt-Out. If that member of this agreementthe Class agrees to resolve his, Coher or its dispute through the Alternative Dispute Resolution procedure discussed in Section III.E.5, then he, she or it will no longer be considered an Opt-Lead Class Counsel agree Out and will be able to seek participate in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtSettlement.
Appears in 2 contracts
Samples: Settlement Agreement (Stericycle Inc), Settlement Agreement
Requests for Exclusion. 9.1 1. The provisions of this section shall apply to any request by a Class Member member for exclusion from the Class.
9.2 2. Any Class Member member may make a request for exclusion by submitting such request in writing (mail or through the Settlement website) as set forth in the NoticeClass notice. Specifically. Class members can submit an opt-out form online at XXXX, or send a letter via U.S. mail (or an express mail carrier) saying that they want to “opt-out of” or “be excluded from” the Class Settlement in In re: Kia Hyundai Vehicle Theft Marketing, Sales Practices, and Products Liability Litigation, No. 8:22-ML-3052 JVS(KESx) (C.D. Cal.) and identifying the following information:
(i) the Class member’s full name; and (ii) the model and model year, and Vehicle Identification Number (“VIN”) (located on a placard on the top of the dashboard visible through the driver’s side corner of the windshield or in the driver’s side door frame). Failure to provide each required element may result in rejection of a request for exclusion. Exclusion requests cannot be made via phone or email. All exclusion requests must be submitted no later than XXXX.
9.3 3. Exclusion requests made by mail should be sent to: Defense Counsel
4. Any request for exclusion must be submitted no not later than the date specified in the Court’s preliminary approval orderPreliminary Approval Order. Insurance companies that come into possession of a Class Vehicle through the salvage process; Government Entities and Insurance Entities do not need to request exclusion as they are already excluded from the Class.
9.4 5. Any request for exclusion shall (i) state the Class Membermember’s full name and current addressname, (ii) provide the model year and Vehicle Identification Number (“VIN”) VIN of his/, her/its , or their Class Vehicle(s) and the approximate date(s) of purchase or lease), and (iii) specifically and clearly state his/, her/its , or their desire to be excluded from the Settlement Agreement and from the Class.
9.5 6. Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member member being bound by the terms of the Settlement Agreement.
9.6 7. Any Class Member member who submits a timely request for exclusion may not file an objection to the Settlement Agreement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator 8. Beginning 30 days after the Notice Date, Defendants shall report to Class Counsel on a weekly basis the names of all Class Members members who have submitted a request for exclusion.
9. Plaintiffs, through Class Counsel, and Defendants shall have the right, but not the obligation, to terminate this Agreement if: (1) the total number of timely and valid requests for exclusion exceeds 12,000 Class Members (exclusive of any opt-out request from any person or business who are not eligible to submit an opt-out request because they are already excluded from the Class, such as insurance companies that come into possession of a Class Vehicle through the salvage process); (2) the Court rejects, modifies, or denies approval of any portion of this Settlement Agreement or the proposed Settlement that results in a substantial modification to a material term of the proposed Settlement Agreement; or (3) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Approval Order and Judgment, that results in a substantial modification to a material term of the proposed Settlement or Settlement Agreement. However, the Parties on a weekly basis, beginning 30 days after agree to act in good faith to secure Final Approval of this Settlement Agreement and to attempt to address in good faith concerns regarding the Notice DateSettlement identified by the Court and any appellate court.
9.8 Co-Lead 10. Class Counsel represent and warrant that they have no other agreements with other counsel respecting regarding Class Membersmembers, including any agreements with respect to referring, soliciting, or encouraging any Class Members members to request to be excluded (or “opt out”) from this agreementSettlement Agreement.
9.9 11. Upon certification of the Class in connection with the Preliminary Approval of this agreementSettlement Agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members members with respect to this Settlement Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Requests for Exclusion. 9.1 The provisions A. Any member of this section shall apply the Class who wishes to any request by a Class Member for exclusion be excluded from the Class.
9.2 Any Class Member may make must mail a written request for exclusion by submitting such request in writing as set forth to the Class Action Settlement Administrator at the address provided in the Long Form Notice.
9.3 Any request for exclusion must be submitted , postmarked no later than the date specified in ordered by the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase specifying that he or lease, and (iii) specifically and clearly state his/her/its desire she wishes to be excluded from the Settlement and from otherwise complying with the Class.
9.5 Failure terms stated in the Long Form Notice and Preliminary Approval Order. The Class Action Settlement Administrator shall forward copies of any written requests for exclusion to comply Plaintiffs’ Class Counsel, Xxxxxxx’x Counsel, and FCA US’s Counsel. A list reflecting all requests for exclusion shall be filed with these requirements and to timely submit the Court by the Class Action Settlement Administrator no later than thirty (30) days before the date of the Fairness Hearing. If a potential Class Member files a request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion exclusion, he or she may not file an objection to under Section VII. A member of the Settlement Class may opt-out on an individual basis only. So-called “mass” or “class” opt- outs, whether filed by third parties on behalf of a “mass” or “class” of class members or multiple class members where no personal statement has been signed by each and every individual Class Member, shall not be deemed to have waived any rights or benefits under this Settlement Agreementallowed.
9.7 The Settlement Administrator shall report B. Any member of the names of all Class Members who have submitted does not file a timely written request for exclusion as provided in Section VI.A shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Order and Final Judgment in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Cummins or FCA US relating to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek claims released in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtActions.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Requests for Exclusion. 9.1 The provisions A. Class Members may elect to opt out of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full or the Settlement, relinquishing their rights to benefits under this Agreement. Members of the Class who opt out of the Settlement will not release their claims pursuant to this Agreement. Putative Class Members wishing to opt out of the Settlement must send to the Settlement Administrator by U.S. Mail a personally signed letter including their name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire providing a clear statement communicating that they elect to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the . Any request for exclusion will result or opt-out must be postmarked on or before the opt-out deadline date specified in the Class Member being bound by the terms Notice Approval Order. The date of the Settlement Agreement.
9.6 Any Class Member who submits postmark on the return-mailing envelope shall be the exclusive means used to determine whether a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 has been timely submitted. The Settlement Administrator shall report forward copies of any written requests for exclusion to Class Counsel and Xxx’x Counsel. The Settlement Administrator shall file a declaration reflecting all requests for exclusion with the names Court no later than ten (10) calendar days before the Fairness Hearing.
B. Any potential Class Member who does not file a timely and proper written request for exclusion as provided in the preceding Section VI.A shall be bound by all subsequent proceedings, orders, and judgments, including, but not limited to, the Release, in the Action, even if he or she has litigation pending or subsequently initiates litigation against Xxx relating to the claims and transactions released in the Action. Xxx’x willingness to enter into this Agreement is conditioned upon this Agreement providing adequate protections that it will resolve all or substantially all of all the Class Members’ claims against Xxx. Xxx retains the right to withdraw from this Agreement if the number of Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent properly and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to timely exercise their rights under this Agreement to be reviewed and approved by Co-Lead exclude themselves from the Class exceeds two hundred fifty (250) Class Members. In the event that Xxx wishes to exercise its right to withdraw from this Agreement pursuant to this section, it must notify Class Counsel of its intention to withdraw from and the Courtterminate this Agreement in writing, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.within five
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Requests for Exclusion. 9.1 The provisions a. Any member of this section shall apply the Class who wishes to any request by a Class Member for exclusion opt-out and be excluded from the Class.
9.2 Any Settlement Class Member may make do so, but must submit a written request (“Request for exclusion by submitting such request in writing as Exclusion ”) to the Settlement Administrator on or before the Objection and Opt-Out Deadline set forth in the Notice.
9.3 Any request for exclusion must Preliminary Approval Order which shall be submitted no later than 60 days after the date specified in Notice Date. A Settlement Class member who submits a Request for Exclusion cannot object to the Court’s preliminary approval orderSettlement and is not eligible to receive a Settlement Payment or any other relief under the Settlement.
9.4 Any request b. In order to be valid and effective, a Request for exclusion shall Exclusion must be sent by first class mail properly addressed to the Settlement Administrator, postmarked by the Objection and Opt-Out Deadline, and (i) state must include the Class Member’s full name and current addressaddress of the Class member seeking exclusion, (ii) provide must bear the model year and Vehicle Identification Number (“VIN”) individual signature of his/her/its the Class Vehicle(s) and the approximate date(s) of purchase or leasemember seeking exclusion, and (iii) specifically and must clearly state his/her/its desire that the person desires to be excluded from the Class. No person shall be permitted to request exclusion from the Settlement Class on behalf of any other Class members, except that a legal representative or guardian may submit a Request for Exclusion on behalf of a deceased, incapacitated, or minor Class member. Each Class member seeking to exclude themselves from the Settlement, regardless of whether they were covered under the same Travel Plan as another Class member, must submit an individually signed Request for Exclusion in order to be excluded from the Settlement Class. Requests for Exclusion cannot be made on a group or class basis and from the Classany attempt to opt out a group or class of individuals shall be null and void.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 c. The Settlement Administrator shall report the names will provide copies of all Class Members who have submitted a request Requests for exclusion Exclusion to the Parties Lead Counsel and Counsel for Defendants on a weekly basis.
d. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided herein shall be bound by all subsequent proceedings, beginning 30 orders and judgments in this Litigation, including but not limited to the Release and the Final Approval Order and Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.
e. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written or emailed request to the Settlement Administrator stating their desire to revoke their Request for Exclusion and containing their actual written signature or electronic signature. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion.
f. No later than fourteen (14) days after the Notice DateObjection and Opt-Out Deadline, the Settlement Administrator shall provide to Lead Counsel and Defendants a complete list of opt-outs, together with copies of the opt-out requests and any other related information.
9.8 Co-Lead g. Other than responding to questions from Class members about the procedures for completing a Request for Exclusion provided by this Section, Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Membersshall not directly or indirectly assist, including any agreements with respect to referring, solicitingcooperate with, or encouraging aid in any way Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class members in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order excluding themselves from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and Settlement or pursuing any separate actions against the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by Defendants or the CourtReleased Parties.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions 11.1 Class Members who wish to opt out of this section shall apply to any request by a Class Member for exclusion and be excluded from the Class.
9.2 Any Settlement must submit a written Request for Exclusion to the Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be Administrator, postmarked or submitted online no later than the date specified in Opt-Out Deadline. The Request for Exclusion must be personally completed and submitted by the Court’s preliminary approval orderClass Member or his or her attorney, and so-called “mass” or “class” opt-outs shall not be permitted or recognized.
9.4 11.2 Any request Class Member who does not submit a timely, valid written Request for exclusion Exclusion shall (i) state be bound by this Agreement, the Class Member’s full name and current addressJudgment, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or leaseFinal Approval Order, and (iii) specifically all subsequent proceedings and clearly state his/her/its desire orders in this Action, including the release in Section 13 below, even if he or she has pending, or subsequently initiates, litigation, arbitration or any other proceeding against Defendant relating to the Released Claims.
11.3 Any Class Member who submits a timely, valid written Request for Exclusion shall be excluded from the Settlement and will not be bound by the terms of this Agreement. Such Class Members will not (a) be bound by any orders or judgments entered in this Action or any other litigations relating to the Agreement; (b) be entitled to any payment from the ClassSettlement Fund; (c) gain any rights by virtue of the Agreement; (d) be entitled to object to any aspect of the Agreement; or (e) be affected by any other aspect of the Agreement.
9.5 Failure to comply with these requirements 11.4 If a Class Member submits both a Request for Exclusion and to timely submit the request for exclusion will result in Objection, the Class Member being will be deemed to have opted out of the Settlement, and thus to be ineligible to object. However, any objecting Class Member who has not timely submitted a completed Request for Exclusion will be bound by the terms of the Settlement AgreementAgreement upon the Court’s final approval of the Settlement.
9.6 Any 11.5 The Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names periodically notify Class Counsel and Xxxxx’x counsel of any Requests for Exclusion. The Class Administrator shall also provide Class Counsel and Xxxxx’x Counsel with a final list of all Class Members who have submitted a request timely, valid Requests for exclusion to the Parties on a weekly basis, beginning 30 Exclusion within five (5) calendar days after the Notice DateOpt-Out Deadline. Class Counsel shall file the final list of all timely Requests for Exclusion prior to or at the Final Approval Hearing.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any 11.6 If more than 350 Class Members submit timely, valid Requests for Exclusion, Xxxxx has the right in its sole discretion, but not the obligation, to request terminate the Agreement and revert to be excluded the status quo ante, provided, however, that (or “opt out”i) from the time for Xxxxx to exercise this agreement.
9.9 Upon certification of right shall expire fourteen (14) calendar days after the Class in connection with the Preliminary Approval of this agreement, CoOpt-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the CourtOut Deadline, and Co- Lead (ii) Xxxxx may only exercise the option after meeting and conferring in good faith with Class Counsel agree to abide by that provision as may be required by the CourtCounsel.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions A. Any member of this section shall apply the Class who wishes to any request by a Class Member for exclusion be excluded from the Class.
9.2 Any Class Member may make must mail a written request for exclusion by submitting such request in writing as set forth to the Class Action Settlement Administrator at the address provided in the Notice.
9.3 Any request for exclusion must be submitted Class Notice and the Settlement Website postmarked no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current addressOpt-Out Deadline, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire specifying that they wish to be excluded from the Settlement and from otherwise complying with the Classterms stated in the Preliminary Approval Order.
9.5 Failure B. The Class Action Settlement Administrator shall forward copies of any written requests for exclusion to comply Plaintiffs’ Co-Lead Counsel and Xxxx’x Counsel. A list reflecting all requests for exclusion shall be filed with these requirements and to timely submit the Court by the Class Action Settlement Administrator no later than fourteen days before the date of the Fairness Hearing.
C. If a potential Class Member files a request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion exclusion, he or she may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement AgreementSection VII.
9.7 The Settlement Administrator D. A member of the Class may opt-out on an individual basis only. So-called “mass” or “class” opt-outs, whether filed by third parties on behalf of a “mass” or “class” of class members or multiple class members where no personal statement has been signed by each and every individual class member, shall report not be allowed.
E. Any member of the names of all Class Members who have submitted does not file a timely written request for exclusion as provided in this Section shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Order and Final Judgment in the Action, even if he, she or it has litigation pending or subsequently initiates litigation against Behr or Home Depot relating to the Parties on a weekly basisclaims and transactions released in the Action. Xxxx’x Counsel shall provide to the Class Action Settlement Administrator, beginning 30 within ten (10) days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with entry of the Preliminary Approval Order, a list of this agreement, Coall counsel for anyone who has then-Lead Class Counsel agree pending litigation against Behr or Home Depot relating to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required DeckOver and/or otherwise covered by the CourtRelease.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a 9.1. Putative Settlement Class Member for Members requesting exclusion from the Class.
9.2 Any Settlement Class Member may make a request for exclusion by submitting such request shall be requested to provide the following information to the Claims Administrator in writing as set forth the manner described in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall : (i) state the Class Member’s full name and current address, name; (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and address; (iii) specifically telephone number; (iv) number of shares of HCSG common stock purchased or otherwise acquired during the Settlement Class Period; (v) the date of each such purchase or acquisition and clearly state his/her/its desire the price or other consideration paid; (vi) the date of each sale or other disposal of any share of HCSG common stock during the Settlement Class Period and the price or other consideration received; (vii) the number of shares of HCSG common stock held immediately before the commencement of the Settlement Class Period; and (viii) a statement that the person or entity wishes to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the . Any request for exclusion will result must also be signed by the person or entity requesting exclusion.
9.2. All Persons who submit valid and timely requests for exclusion in the manner set forth in the Notice that is approved by the Court shall have no rights under the Stipulation, shall not share in the distribution of the Net Settlement Fund, and shall not be bound by the Stipulation or any final Judgment. Unless otherwise ordered by the Court, any Settlement Class Member being who does not submit a timely written request for exclusion as provided by this section shall be bound by the terms of this Stipulation including, without limitation, all of the Settlement Agreement.
9.6 Any Class Member who submits a timely request releases provided for herein. The deadline for submitting requests for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved set by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree but shall be no later than twenty-one (21) calendar days prior to abide the Final Approval Hearing, or as the Court may otherwise direct. Exclusion requests may not be submitted by that provision as may be required e-mail, unless otherwise ordered by the Court.
9.3. Copies of all requests for exclusion received by Lead Counsel, together with copies of all written revocations of requests for exclusion, shall be delivered to Defendants’ Counsel within three (3) business days of receipt by Lead Counsel but, with respect to timely requests for exclusion, in no event later than seventeen (17) calendar days before the Final Approval Hearing.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply 6.1 Any Settlement Class member or person legally entitled to any request by a Class Member for exclusion from the Class.
9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase act on his or lease, and (iii) specifically and clearly state his/her/its desire her behalf who wishes to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits may mail a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a written request for exclusion to the Parties Claims Administrator. To be valid, such written request for exclusion must (i) contain the name of this Action, (ii) contain the name and address of the person to be excluded; (iii) if applicable, contain the name and address of any person claiming to be legally entitled to submit an exclusion request on a weekly basisbehalf of the Settlement Class Member and the basis for such legal entitlement; (iv) be mailed by first-class US mail, beginning 30 proper postage prepaid, to the Claims Administrator at the specified mailing address in the Notice; (v) be submitted or postmarked no later than forty-five days after the Notice Date.
9.8 Co-Lead Class Counsel represent Date (the “Exclusion/Objection Deadline”); and warrant (vi) clearly indicate that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request he/she wants to be excluded (or “opt out”) from this agreementthe Settlement Class.
9.9 Upon certification 6.2 Any Settlement Class member who does not submit a timely and valid written request for exclusion shall be bound by all subsequent proceedings, orders, and judgments in the Action, including, but not limited to, the Release, even if he or she has litigation pending or subsequently initiates litigation against Charter relating to the Released Claims.
6.3 Any Settlement Class member who timely submits a request for exclusion as provided in paragraph 6.1 shall waive and forfeit any and all rights he/she may have to benefits of the Class in connection with the Preliminary Approval of this agreementSettlement if it is approved and becomes final, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Courtincluding monetary relief, and Co- Lead shall waive and forfeit any and all rights to object to the fairness, reasonableness, or adequacy of the Settlement, Class Counsel agree Counsel’s fee application, and/or the requested service award to abide by that provision as may be required by the CourtPlaintiff.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire Members who wish to be excluded from the 24 Settlement must submit a written Request for Exclusion to the Claims Administrator by the 25 Notice Response Deadline (as evidenced by the date of the postmark of the submission). The 26 Request for Exclusion must be submitted on the form attached as Exhibit B hereto and signed by 27 the Class Member. Requests for Exclusion must be made individually and cannot be made on 28 behalf of a group or other Class Members. If a Class Member submits a Request for Exclusion 1 that fails to include all required information or that cannot be verified by the Claims 2 Administrator as being an authentic submission by the Class Member, it will be considered 3 invalid, and the Claims Administrator shall mail notification of the deficiency to the Class 4 Member within five (5) business days of receipt. The Class Member shall have until the Notice 5 Response Deadline or twenty-one (21) days from the Class.
9.5 Failure date of the mailing of notification of the 6 deficiency (whichever is later), to comply with these requirements cure any deficiencies, at which point his or her Request for 7 Exclusion will be rejected if not received and that Class Member will be mailed his or her share 8 of the Net Settlement Amount (according to the formulas set forth in this Agreement). In the 9 event that ten percent (10%) or more of all Class Members timely submit request exclusion from the request 10 Class by submitting Requests for exclusion Exclusion or comparable documentation, BMO shall have the 11 absolute right in its sole discretion to revoke, terminate, and withdraw from this Agreement in its 12 entirety. If BMO exercises this option, it will result in be solely responsible to pay fees and costs incurred 13 by the Settlement Claims Administrator to date. Any valid Request for Exclusion will be effective 14 only as to the Class Member being bound by the terms of the Settlement Agreement.
9.6 Settlement. Any Class Member who submits a timely request for exclusion may not file is an objection to Aggrieved Employee will be bound 15 by the Settlement release of PAGA claims and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification will receive their share of the Class in connection with the Preliminary Approval PAGA amount regardless of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court 16 submitting a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtRequest for Exclusion.
Appears in 1 contract
Requests for Exclusion. 9.1 The provisions A. Class Members may elect to opt out of the Settlement, relinquishing their rights to benefits hereunder. Class Members who opt out of the Settlement will not release their claims pursuant to this section shall apply to any request by a Class Member for exclusion from the ClassAgreement.
9.2 Any B. Class Member may make Members wishing to opt out of the Settlement must personally send to the Settlement Administrator by U.S. mail a request Request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted Exclusion postmarked no later than the date specified in the Court’s preliminary approval order.
9.4 Any request Opt- Out Date. The Request for exclusion shall (i) state Exclusion must be a personally signed letter from the Class Member’s Member including (a) their full name and student identification number; (b) current address, ; (iic) provide the model year and Vehicle Identification Number (“VIN”campus(es) of his/her/its Class Vehicle(s) they are attending or have attended and the approximate date(syears they attended each; (d) of purchase or lease, and (iii) specifically and clearly state his/her/its desire a clear statement communicating that they elect to be excluded from the Class and do not wish to be a Class Member; and (e) the case name and case number of the Action. The Settlement and from Administrator shall have authority to determine if any Request for Exclusion contains the Class.
9.5 Failure information necessary to comply with these requirements and be valid pursuant to timely submit the request for exclusion will result in the Class Member being bound by the terms of this Settlement Agreement; if a Request for Exclusion is deemed deficient, the Settlement AgreementAdministrator shall promptly notify the submitting individual and provide an opportunity to cure, which shall not in any event extend the deadline by which a valid Request for Exclusion must be postmarked. Class Members who fail to submit a valid Request for Exclusion on or before the Opt Out Date shall be bound by all terms of this Agreement and the Final Order and Final Judgment, regardless of whether they have requested exclusion from the Settlement.
9.6 C. Any member of the Class Member who submits a timely request Request for exclusion Exclusion or opt out may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement. So-called “mass” or “class” opt outs shall not be allowed, and Requests for Exclusion submitted as part of a mass or class opt out shall be deemed invalid.
9.7 D. The Settlement Administrator shall report the names promptly provide copies of all Requests for Exclusion, objections, and/or related correspondence from Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 Class Counsel and Defense Counsel. Not later than three (3) business days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Membersdeadline for submission of Requests for Exclusion, including any agreements with respect the Settlement Administrator shall provide to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and Defense Counsel a complete list of Class Members requesting exclusion from the CourtSettlement together with copies of the Requests for Exclusion.
E. If sufficient Class Members have opted-out of the Settlement such that the value of such opt-outs (using the formulas stated in Section IV.B.1 exceeds a specified and confidential percentage of the maximum Class Member consideration provided for in Section IV.B.1, Defendant may, in its sole discretion, elect to terminate the Settlement. Any such election must be made at least seven (7) days prior to any hearing for final approval. This section shall be further documented by a separate agreement between the Parties, which shall remain confidential to the extent permitted by law.
F. If a Class Member submits both a Claim Form and Co- Lead a Request for Exclusion, the Claim Form shall control and the Class Counsel agree Member shall not be permitted to abide opt out of the Agreement and shall be bound by that provision as may be required by the Courtits terms.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section Notice shall apply to any request by a inform Settlement Class Member for exclusion Members that they may exclude themselves from the Class.
9.2 Any Settlement Class Member may make by mailing to the Settlement Administrator a request written Request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted Exclusion that is postmarked no later than the date specified in Exclusion/Objection Deadline, i.e., no later than sixty (60) days after the Court’s preliminary approval order.
9.4 Any request Settlement Administrator first disseminates Notice. To be effective, the Request for exclusion shall Exclusion must include (ia) state the Settlement Class Member’s full name and current contact information (telephone number, email, and/or mailing address, ); (iib) provide a clear and unequivocal statement that the model year and Vehicle Identification Number (“VIN”) of his/her/its Settlement Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire Member wishes to be excluded from the Settlement Class; (c) an unequivocal reference by name of the Litigation, e.g., “Xxxxxxx, et al. v. JPMorgan Chase & Co., et al., Case No. 3:23-cv-00712”; and (d) the Settlement Class Member’s signature or the signature or affirmation of an individual authorized to act on the Settlement Class Member’s behalf. Upon the Settlement Administrator’s receipt of a timely and valid Request for Exclusion, the Settlement Class Member shall be deemed excluded from the Class.
9.5 Failure Settlement Class and shall not be entitled to comply with these requirements and any benefits of this Settlement. A Settlement Class Member may request to timely submit be excluded from the Settlement only on the Settlement Class Member’s own behalf; a Settlement Class Member may not request for exclusion will result that other Settlement Class Members (or a group or subclass of Settlement Class Members) be excluded from the Settlement. Any person in the Settlement Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request and valid Request for exclusion may not file an objection Exclusion is foreclosed from objecting to the Settlement or to Settlement Class Counsel’s motion for attorneys’ fees costs, and service award. If a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the Settlement Class Member shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 treated as if they had only submitted a Request for Exclusion. The Settlement Administrator shall report the names provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Mercury Counsel. A list of Settlement Class Members who have submitted a request for exclusion timely and validly excluded themselves from the Settlement Class pursuant to this Section 4.3 shall be attached to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Final Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required or otherwise recorded by the Court.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions A. Class Members may elect to opt out of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full or the Settlement, relinquishing their rights to benefits under this Agreement. Members of the Class who opt out of the Settlement will not release their claims pursuant to this Agreement. Putative Class Members wishing to opt out of the Settlement must send to the Settlement Administrator by U.S. Mail a personally signed letter including their name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire providing a clear statement communicating that they elect to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the . Any request for exclusion will result or opt-out must be postmarked on or before the opt-out deadline date specified in the Class Member being bound by the terms Preliminary Approval Order. The date of the Settlement Agreement.
9.6 Any Class Member who submits postmark on the return- mailing envelope shall be the exclusive means used to determine whether a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 has been timely submitted. The Settlement Administrator shall report forward copies of any written requests for exclusion to Class Counsel and Xxx’x Counsel. The Settlement Administrator shall file a declaration reflecting all requests for exclusion with the names Court no later than ten (10) calendar days before the Fairness Hearing.
B. Any potential Class Member who does not file a timely and proper written request for exclusion as provided in the preceding Section VI.A shall be bound by all subsequent proceedings, orders, and judgments, including, but not limited to, the Release, in the Action, even if he or she has litigation pending or subsequently initiates litigation against Xxx relating to the claims and transactions released in the Action. Xxx’x willingness to enter into this Agreement is conditioned upon this Agreement providing adequate protections that it will resolve all or substantially all of all the Class Members’ claims against Xxx. Xxx retains the right to withdraw from this Agreement if the number of Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent properly and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to timely exercise their rights under this Agreement to be reviewed and approved by Co-Lead exclude themselves from the Class exceeds two hundred fifty (250) Class Members. In the event that Xxx wishes to exercise its right to withdraw from this Agreement pursuant to this section, it must notify Class Counsel of its intention to withdraw from and the Courtterminate this Agreement in writing, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.within five
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Any Settlement Class Member who wishes to opt out of the Settlement must complete and mail a Request for Exclusion to the Claims Administrator within 60 calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline”).
i. The Request for Exclusion must: (1) contain the name, address, telephone number, and last four digits of the social security number of the Settlement Class Member; (2) be signed by the Settlement Class Member; and (3) be postmarked by the Response Deadline and mailed to the Claims Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in items (1)-(3), it will not be deemed valid for exclusion from the Class.
9.2 Any Class Member may make this Settlement, except a request Request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Exclusion form not containing a Class Member’s full name and current address, (ii) provide telephone number and/or last four digits of his or her social security number will be deemed valid. The date of the model year and Vehicle Identification Number (“VIN”) of his/her/its postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any potential Settlement Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire Member who validly requests to be excluded from the Settlement will no longer be a member of the Settlement Class, will not be entitled to any recovery under this Settlement Agreement, and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being not be bound by the terms of the Settlement Agreement.
9.6 Any or have any right to object, appeal, or comment thereon, except as follows: each Class Member who submits was employed by Defendant during the PAGA Period will be issued a timely request check for exclusion may not file an objection to their share of the Settlement PAGA Amount regardless of whether they submit a valid Request for Exclusion from the Settlement, and such employees shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 released the Released Parties of and from the PAGA Released Claims regardless of whether they submit a valid Request for Exclusion from the Settlement. The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead notify Class Counsel and Defendant’s Counsel of its receipt of all valid Requests for Exclusion within three (3) business days after having received each such Request for Exclusion
ii. At no time will the CourtParties or their counsel seek to solicit or otherwise encourage any Settlement Class Member to object to the Settlement or opt out of the Settlement Class, and Co- Lead or encourage any Settlement Class Counsel agree Member to abide by that provision as may be required by appeal from the Courtfinal judgment.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 9.1. The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 9.2. Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 9.3. Any request for exclusion must be submitted no later than 45 days after the date specified in the Court’s preliminary approval orderNotice Date.
9.4 9.4. Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) VIN of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class.
9.5 9.5. Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 9.6. Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 9.7. The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead 9.8. Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreementSettlement Agreement.
9.9 9.9. Upon certification of the Class in connection with the Preliminary Approval of this agreementSettlement Agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Settlement Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Co-Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions 10.1 A person within the Class who wishes to opt out of this section the Class must do so in writing. Any Class Member who does not opt out of the Class in the manner described herein shall apply be deemed to any request by be a Class Member for exclusion from the Classand shall be bound by all proceedings, orders, and judgments.
9.2 Any 10.2 To opt out, a person within the Class Member may make must complete and send to the Administrator, at the address listed in the Class Notice and on the Settlement Website, a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted postmarked no later than the date specified opt out deadline of thirty (30) days before the Final Approval Hearing, as identified in the Court’s preliminary approval order.
9.4 Any Preliminary Approval Order. The request for exclusion shall must: (ia) state identify the case name; (b) identify the name and address of the Class Member’s full name and current address, ; (iic) provide be personally signed by the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, Member requesting exclusion; and (iiid) specifically and clearly state his/her/its a desire to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to such as “I hereby request to be excluded (from the proposed Class in the Xxxxxx Class Action.” Persons must request exclusion individually, and mass or “class opt out”) from this agreementouts are prohibited.
9.9 Upon certification 10.3 A Class Member who desires to opt out must take timely affirmative written action pursuant to Section 10.2, even if the Class Member desiring to opt out (a) files or has filed a separate action against any of the Class Released Persons, or (b) is or becomes a putative or actual class member in connection with any other class action filed against any of the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Released Persons. The Administrator shall provide Class Counsel and Defendant’s Counsel a list of all timely requests for exclusion not less than ten (10) days before the Court, Final Approval Hearing.
10.4 Any Settlement Class Member who timely and Co- Lead properly opts out of the Settlement Class Counsel agree shall not: (a) be bound by any orders or judgments relating to abide by that provision as may the Settlement; (b) be required entitled to relief under or be affected by the Court.Agreement; (c) gain any rights by virtue of the Agreement; or
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section Notice shall apply to any request by a inform Settlement Class Member for exclusion Members that they may exclude themselves from the Class.
9.2 Any Class Member may make Settlement Classes by mailing to the Settlement Administrator a written request for exclusion by submitting such request in writing as set forth in that is postmarked no later than the Exclusion/Objection Deadline, i.e., no later than ninety (90) days after the Settlement Administrator first disseminates Notice.
9.3 Any . To be effective, the request for exclusion must be submitted no later than include (a) the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Settlement Class Member’s full name and current contact information (telephone number, email, and/or mailing address, ); (iib) provide a clear and unequivocal statement that the model year and Vehicle Identification Number (“VIN”) of his/her/its Settlement Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire Member wishes to be excluded from the Settlement Classes; (c) an unequivocal reference by name of the Litigation, e.g., “Xxxxx x. SafeRent, Case No. 1:22-cv-10800”; and from (d) the Class.
9.5 Failure Settlement Class Member’s signature or the signature or affirmation of an individual authorized to comply with these requirements act on the Settlement Class Member’s behalf. Upon the Settlement Administrator’s receipt of a timely and to timely submit valid exclusion request, the request for exclusion will result in the Settlement Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed excluded from the Settlement Classes and shall not be entitled to have waived any rights benefits of this Settlement. A Settlement Class Member may request to be excluded from the Settlement only on the Settlement Class Member’s own behalf; a Settlement Class Member may not request that other Settlement Class Members (or benefits under this a group or subclass of Settlement Agreement.
9.7 Class Members) be excluded from the Settlement. The Settlement Administrator shall report the names provide copies of all timely and valid exclusion requests to Settlement Class Counsel and SafeRent Counsel. A list of Settlement Class Members who have timely and validly excluded themselves from the Settlement Classes pursuant to this Section 4.4 shall be attached to the Final Approval Order or otherwise recorded by the Court. The Settlement Administrator shall compare the list of Class Members requesting exclusion to the list of Class Members who have submitted a request for exclusion to the Parties on a weekly basisclaims, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging if any Class Members Member is on both lists, the Settlement Administrator shall contact that Class Member for clarification as to request whether that Class Member wishes to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek included in the Preliminary Approval Order from Settlement Class. If no response to the Court a provision encouraging all written communications to multiple Settlement Administrator’s outreach is received within fourteen (14) days clarifying that Class Members with respect to this Agreement to Member’s intention, then that Class Member shall be reviewed and approved by Co-Lead Class Counsel and deemed included in the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtSettlement Class.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 17 11.1 Any Class Member may make a request for exclusion elect to opt out of the Settlement by submitting such request in writing as set forth in a written 18 Request for Exclusion to the Notice.
9.3 Any request for exclusion must be submitted Settlement Administrator, postmarked no later than the date specified in Response 19 Deadline. The Request for Exclusion must contain the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s following: full name, signature, address, and 20 last four digits of his or her Social Security number; case name and current address, (ii) provide the model year number; and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase a clear statement that 21 he or lease, and (iii) specifically and clearly state his/her/its desire she seeks to be excluded from the Settlement. The Settlement Administrator shall immediately 22 send all Requests for Exclusion to Defendant’s Counsel and from the Class.
9.5 Failure Class Counsel. A Class Member who 23 fails to comply with these requirements the opt-out procedure set forth herein on or before the Response Deadline will not 24 be excluded and will instead be bound by all provisions of the Settlement Agreement and all orders 25 issued pursuant thereto.
26 11.2 Any Class Member who elects to timely opt out of the Class in the manner and within the time limits specified above (1) will not have any rights under the Settlement Agreement; (2) will not be 1 entitled to receive any compensation under the Settlement Agreement (other than PAGA Penalties); (3) 2 will not have standing to submit any objection to the request Settlement Agreement; and (4) will not be bound 3 by the Settlement Agreement (other than the release of PAGA Penalties, as stated in Section 16.1- 4 16.3).
5 11.3 Except for exclusion will result persons who elect to opt out of the Settlement in the manner and within the 6 time limits specified above, in the Preliminary Approval Order, and in the Class Member being Notice, all Class 7 Members will be deemed to be within the Class for all purposes under this Settlement Agreement, will 8 be bound by the terms and conditions of this Settlement Agreement (including the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement release provisions in Section 16 and shall its subparts), including all orders issued pursuant thereto, and will be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion unstated objections and opposition to the Parties on a weekly basisfairness, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent reasonableness, and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval adequacy of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this 10 Settlement Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Courtany of its terms.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Any Settlement Class Member for exclusion who wishes to be excluded from the Class.
9.2 Any Settlement Class Member may make and not be bound by this Agreement must submit a written request for exclusion by submitting such request in writing as set forth to the Class Notice Administrator at the address specified in the Class Notice.
9.3 Any . To be timely, the request for exclusion must either be submitted no later than post marked by the date specified in the Court’s preliminary approval order.
9.4 Any Preliminary Approval Order or received within seven days of that date. The request for exclusion shall must use the Form attached as Exhibit D (i) state “Request for Exclusion”), which will be included in the Class Member’s full name Notice. To be effective, the Request for Exclusion must be sent in accordance with the Class Notice and current addressmust 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, (ii) provide compliant and complete Request for Exclusion sent to the model year proper address shall be subject to and Vehicle Identification Number (“VIN”) bound by this Agreement, all determinations of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or leaseCourt, and (iii) specifically all orders and clearly state his/her/its 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 Class.
9.5 Failure to comply with these requirements Settlement Class will be evaluated jointly by Class Counsel and to timely submit the request for exclusion Harley-Davidson's counsel, who will result in the make a good faith evaluation, if possible. Any uncertainties about whether a Settlement Class Member being bound is requesting exclusion from the Settlement Class will be resolved by the terms Court. The Class Notice Administrator will maintain a list of the Settlement Agreement.
9.6 Any Class Member who submits a timely request all Requests for exclusion may not file an objection to the Settlement Exclusion, and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names and addresses of all Class Members who have submitted a request for such persons requesting exclusion to the Parties on a weekly basisCourt, beginning 30 days after the Notice Date.
9.8 Co-Lead Harley- Davidson's counsel, and Class Counsel represent seven days prior to the Final Approval Hearing, and warrant that they the list of persons deemed by the Court to have no other agreements with other counsel respecting excluded themselves from the Settlement Class Members, including any agreements with respect will be attached as an exhibit to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Final Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtJudgment.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 1. The provisions of this section shall apply to any request by a Class Member member for exclusion from the Class.
9.2 2. Any Class Member member may make a request for exclusion by submitting such request in writing (mail or through the Settlement website) as set forth in the NoticeClass notice.
9.3 3. Any request for exclusion must be submitted no not later than the date specified in the Court’s preliminary approval orderPreliminary Approval Order. Insurance companies that come into possession of a Class Vehicle through the salvage process do not need to request exclusion as they are excluded from the Class.
9.4 4. Any request for exclusion shall (i) state the Class Membermember’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) VIN of his/, her/its , or their Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/, her/its , or their desire to be excluded from the Settlement Agreement and from the Class.
9.5 5. Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member member being bound by the terms of the Settlement Agreement.
9.6 6. Any Class Member member who submits a timely request for exclusion may not file an objection to the Settlement Agreement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator 7. Beginning 30 days after the Notice Date, Defendants shall report to Class Counsel on a weekly basis the names of all Class Members members who have submitted a request for exclusion.
8. Plaintiffs, through Class Counsel, and Defendants shall have the right, but not the obligation, to terminate this Agreement if: (1) the total number of timely and valid requests for exclusion exceeds 12,000 Class Members (exclusive of any opt-out request from any person or business who are not eligible to submit an opt-out request because they are already excluded from the Class, such as insurance companies that come into possession of a Class Vehicle through the salvage process); (2) the Court rejects, modifies, or denies approval of any portion of this Settlement Agreement or the proposed Settlement that results in a substantial modification to a material term of the proposed Settlement Agreement; or (3) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Approval Order and Judgment, that results in a substantial modification to a material term of the proposed Settlement or Settlement Agreement. However, the Parties on a weekly basis, beginning 30 days after agree to act in good faith to secure Final Approval of this Settlement Agreement and to attempt to address in good faith concerns regarding the Notice DateSettlement identified by the Court and any appellate court.
9.8 Co-Lead 9. Class Counsel represent and warrant that they have no other agreements with other counsel respecting regarding Class Membersmembers, including any agreements with respect to referring, soliciting, or encouraging any Class Members members to request to be excluded (or “opt out”) from this agreementSettlement Agreement.
9.9 10. Upon certification of the Class in connection with the Preliminary Approval of this agreementSettlement Agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members members with respect to this Settlement Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 1. Any Settlement Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt opt-out”) from this agreementthe Settlement Class. A Settlement Class Member who requests to opt-out of the Settlement Class must do so no later than sixty (60) calendar days after the Notice Date (the “Opt-Out Deadline”). In order to opt-out, a Settlement Class Member must complete and mail to the Claims Administrator a Request for Exclusion that is postmarked no later than the Opt-Out Deadline.
9.9 Upon certification 2. Requests for Exclusion that are postmarked after the Opt-Out Deadline will be considered invalid and of no effect, and the Person who untimely or improperly submits a Request for Exclusion will remain a Settlement Class Member and will be bound by any Orders entered by the Court, including the Final Judgment and Order Approving Settlement and the Release contemplated thereby. Except for those Persons who have properly and timely submitted Requests for Exclusion, all Settlement Class Members will be bound by this Agreement and the Final Judgment and Order Approving Settlement, including the Release contained herein, regardless of whether they submit a Claim or receive any monetary compensation.
3. Any Person who timely and properly submits a Request for Exclusion shall not: (a) be bound by any orders or the Final Judgment and Order Approving Settlement nor by the Release contained herein; (b) be entitled to any relief under this Agreement; (c) gain any rights by virtue of this Agreement; or (d) be entitled to object to any aspect of this Agreement.
4. Each Person requesting exclusion from the Settlement Class must personally sign his or her own individual Request for Exclusion. No Person may opt-out of the Settlement Class in connection with for any other Person, or be opted-out by any other Person, and no Person shall be deemed opted out of the Preliminary Approval of this agreement, CoSettlement Class through any purported “mass” or “class” opt-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead outs.
5. The Claims Administrator shall provide Class Counsel and the Court, and Co- Lead Class Defendant’s Counsel agree to abide by that provision as may be required with a final list of timely Requests for Exclusion received by the CourtClaims Administrator within five (5) business days after the Opt-Out Deadline.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 8.1 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire who wishes to be excluded from the Settlement may request to be excluded from the Class by sending a written Request for Exclusion to the Settlement Administrator.
8.2 To be effective, any Request for Exclusion must contain the Class Member’s original handwritten signature, current postal address, and a specific statement that the Class Member wishes to be excluded from the Class.
9.5 Failure 8.3 Requests for Exclusion must be postmarked no later than the date set by the Court in the Preliminary Approval Order.
8.4 In no event shall persons who purport to request exclusion from the Class as a group, on an aggregate basis, or as a class involving more than one Class Member be considered valid Requests for Exclusion. Requests for Exclusion that do not comply with these any of the requirements contained in this Section are invalid.
8.5 If a Class Member submits both a Claim Form and a Request for Exclusion, the Settlement Administrator shall reach out to timely submit the request for exclusion will result in the Class Member being at the contact information provided to determine the Class Member’s intent. If the Class Member does not respond or the Settlement Administrator is otherwise not able to determine the Class Member’s intent, the Claim Form will be controlling, the Request for Exclusion will be invalid, and the Class Member will be bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request 8.6 No later than seven (7) days after the deadline for exclusion may not file an objection to submission of Requests for Exclusion, the Settlement Administrator shall provide Class Counsel and shall be deemed to Defendants’ Counsel with a complete list of all persons who have waived any rights or benefits under this properly requested exclusion from the Settlement Agreement.
9.7 together with copies of the Requests for Exclusion. The Settlement Administrator shall report provide a recommendation as to whether it believes any Request for Exclusion is invalid. If the names of all Class Members who have submitted a request for exclusion Parties disagree as to the Parties on validity of a weekly basisRequest for Exclusion, beginning 30 days after they may raise the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection issue with the Preliminary Court at the Final Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtHearing for ultimate determination.
Appears in 1 contract
Samples: Class Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section Notice shall apply to any request by a inform Settlement Class Member for exclusion Members that they may exclude themselves from the Class.
9.2 Any Settlement Class Member may make by mailing to the Settlement Administrator a request written Request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted Exclusion that is postmarked no later than the date specified in Exclusion/Objection Deadline,
i. e., no later than sixty (60) days after the Court’s preliminary approval order.
9.4 Any request Settlement Administrator first disseminates Notice. To be effective, the Request for exclusion shall Exclusion must include (ia) state the Settlement Class Member’s full name and current contact information (telephone number, email, and/or mailing address, ); (iib) provide a clear and unequivocal statement that the model year and Vehicle Identification Number (“VIN”) of his/her/its Settlement Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire Member wishes to be excluded from the Settlement Class; (c) an unequivocal reference by name of the Litigation, e.g., “Xxxxxxx, et al. v. JPMorgan Chase & Co., et al., Case No. 3:23-cv-00712”; and (d) the Settlement Class Member’s signature or the signature or affirmation of an individual authorized to act on the Settlement Class Member’s behalf. Upon the Settlement Administrator’s receipt of a timely and valid Request for Exclusion, the Settlement Class Member shall be deemed excluded from the Class.
9.5 Failure Settlement Class and shall not be entitled to comply with these requirements and any benefits of this Settlement. A Settlement Class Member may request to timely submit be excluded from the Settlement only on the Settlement Class Member’s own behalf; a Settlement Class Member may not request for exclusion will result that other Settlement Class Members (or a group or subclass of Settlement Class Members) be excluded from the Settlement. Any person in the Settlement Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request and valid Request for exclusion may not file an objection Exclusion is foreclosed from objecting to the Settlement or to Settlement Class Counsel’s motion for attorneys’ fees costs, and service award. If a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the Settlement Class Member shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 treated as if they had only submitted a Request for Exclusion. The Settlement Administrator shall report the names provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Evolve Counsel. A list of Settlement Class Members who have submitted a request for exclusion timely and validly excluded themselves from the Settlement Class pursuant to this Section 4.3 shall be attached to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Final Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required or otherwise recorded by the Court.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 A. Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire who wishes to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the Class must mail a written request for exclusion will result to the Administrator at the address provided in the Class Member being bound Notice, postmarked no later than 45 days after the mailing of the Class Notice, or as the Court otherwise may direct, and specifying the Annuity or Annuities to be excluded.
B. The Administrator will forward copies of any written requests for exclusion to Class Counsel and Midland’s Counsel immediately upon receipt, and shall provide Class Counsel and Midland’s Counsel with a list of all Class Members who wish to be excluded no later than 60 days after the mailing of the Class Notice, or as the Court otherwise may direct.
C. A list reflecting all requests for exclusion shall be filed with the Court by the terms Administrator no later than 60 days after the mailing of the Class Notice, or as the Court may otherwise direct. Such list shall be filed under seal, be subject to the Court’s Confidentiality Order, and served upon Class Counsel and Midland’s Counsel by the Administrator.
D. Any Class Member who does not file a timely written request for exclusion with respect to an Annuity, as provided in this Section, shall be bound with respect to that Annuity by all subsequent proceedings, orders, and judgments in this Action, including, but not limited to, the Release, even if he or she has litigation pending or subsequently initiates litigation against Midland relating to that Annuity with respect to the Released Claims. To the extent practicable, the Administrator will use reasonable efforts to serve the Class Notice on counsel for Class Members who subsequently initiate litigation, arbitration, or other proceedings against Midland relating to the Released Claims prior to the Effective Date.
E. If any one Owner of an Annuity excludes himself or herself from the Class with respect to that Xxxxxxx, pursuant to Section VI.A of this Agreement, all other Owners of that Xxxxxxx shall be deemed excluded from the Class with respect to that Annuity, and all rights and obligations with respect to that Annuity shall be unaffected by the Settlement Agreement.
9.6 Any F. A Class Member who must either exclude, or not exclude, all Annuities in which the Class Member has an interest as an Owner. A Class Member may not exclude some, but not all, Annuities in which the Class Member has an interest as an Owner. If a Class Member submits a timely and otherwise complete request for exclusion may that attempts to exclude some, but not file all of the Annuities in which the Class Member has an objection to interest as an Owner, all Annuities in which the Settlement and shall Class Member has an interest will be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtSettlement.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any 52. A Settlement Class Member may make opt out of his or her designated Settlement Class. To exercise this exclusion right, the Settlement Class Member must send a written notification of the 4 xxxxx://xxx.xxxxxxxx.xxx/store/. decision to request for exclusion by submitting such request in writing as set forth in via certified or first class mail to one of the Notice.
9.3 Any Class Counsel listed above. The request for exclusion must be submitted no later than bear the date specified in signature of the Court’s preliminary approval order.
9.4 Any request for exclusion shall Settlement Class Member (i) state even if represented by counsel), the Settlement Class Member’s full name name, current address and current addresstelephone number, (ii) provide state the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or leasefirearm’s serial number, and (iii) specifically and clearly state his/her/its desire include the following statement or equivalent language: “I request to be excluded from the settlement in the Sig Xxxxx P320 Class Action Settlement.” No request for exclusion will be valid unless all of the information described above is included. No Settlement and Class Member, or any person acting on behalf of or in concert or participation with that Settlement Class Member, may exclude any other Settlement Class Member from the Settlement Class.
9.5 Failure . If the Settlement Class Member has entered into a written or oral agreement to comply with these requirements and to timely submit be represented by counsel, the request for exclusion shall also be signed by the attorney who represents the Settlement Class Member. Such requests must be postmarked or personally delivered on such schedule as the Court may direct. In seeking Preliminary Approval of this Agreement, the parties will result in request that the deadline for submission of requests for exclusion shall be set on a date no less than sixty (60) days after the publication of the final notice to be published pursuant to Section V. Exclusions sent by any Settlement Class Member being bound to incorrect locations shall not be valid. The Party who receives notice of exclusion from any Settlement Class member shall promptly forward copies of any written requests for exclusion to the other Party’s designated counsel. A list reflecting all requests for exclusion shall be filed with the Court by the terms of Parties no later than twenty-one (21) days before the Final Approval Hearing. If a potential Settlement Agreement.
9.6 Any Class Member who submits Members files a timely request for exclusion exclusion, he or she may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement¶ 55.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The 4.10 Each member of the Settlement Class may request exclusion from the Settlement Class, subject to the provisions of this section shall apply to any request by Agreement. Any person who completes and submits a Class Member for exclusion valid Request For Exclusion will be excluded from the Settlement Class and the Settlement, will not receive any payment or other benefit from the Settlement, and will not be bound by the terms of this Settlement Agreement. Any person who validly completes a Request For Exclusion will not have standing to object to certification of the Class, to object to the terms of Settlement, or to intervene in the Action.
9.2 Any 4.11 To exercise the right to request exclusion, a member of the Settlement Class Member may make must, prior to the deadline set by the Court, complete and mail a Request For Exclusion to the Settlement Administrator. The Class Notice and the Settlement Website will inform each member of the Settlement Class of the right to request exclusion, the deadline for exclusion by submitting such request in writing as set forth in exercise of that right, and the Notice.
9.3 Any request for exclusion address to which Requests For Exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall sent. For a Request For Exclusion to be valid, it must (ia) state the Class Member’s full name and current addressof the member of the Settlement Class requesting exclusion; (b) identify the e-mail address associated with the Code42 account that the member of the Settlement Class uses or used; (c) contain the original signature of the member of the Settlement Class (or the original signature of a person authorized by law to act on behalf of the member of the Settlement Class, (ii) provide the model year and Vehicle Identification Number (“VIN”) such as an attorney, trustee, guardian, or person acting under a power of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, attorney); and (iiid) specifically and clearly unequivocally state his/her/its desire the intent of the member of the Settlement Class to be excluded from the Class and the Settlement. No person may validly request exclusion for, or purport to opt-out, members of the Settlement and from Class as a group, aggregate, or class or request exclusion for more than one member of the Settlement Class on a single Request For Exclusion; any such purported Request For Exclusion shall be void. Members of the Settlement Class that are the subject of a void or invalid purported Request For Exclusion shall continue to be treated as members of the Settlement Class.
9.5 Failure 4.12 Following the deadline set by the Court for members of the Settlement Class to comply request exclusion, Class Counsel, Counsel for the Defendant, and the Settlement Administrator shall work together to create a comprehensive list of valid Requests For Exclusion and file the list with these requirements the Court under seal to protect the privacy interests of the individuals who have exercised their exclusion rights. In the event of a dispute or disagreement regarding whether a communication is a valid Request For Exclusion, Class Counsel and Counsel for the Defendant shall meet and confer and attempt to timely submit resolve the request for exclusion will result dispute; in the event that Class Counsel and Counsel for the Defendant are unable to resolve the dispute, the dispute may be submitted to the Court for resolution. The failure of Defendant to dispute a Request For Exclusion shall not constitute a waiver, determination, finding, or admission by Defendant that the person submitting a Request For Exclusion would otherwise have been a member of the Settlement Class.
4.13 No person who submits a valid Request For Exclusion will be included on the Final Settlement Class Member being List. No person who submits a valid Request For Exclusion will receive a Benefit Payment or be bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The 4.14 Any member of the Settlement Administrator shall report Class who does not complete and submit a valid Request For Exclusion will be part of the names Settlement Class. Upon Final Approval, all members of all the Settlement Class Members who have submitted did not complete and submit a request for exclusion valid Request For Exclusion will be bound by the Settlement (including the Release), and will be entitled to receive a Benefit Payment (subject to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval provisions of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtAgreement).
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 11.1 Any Class Member may make a request for exclusion elect to opt out of the Settlement by submitting such request in writing as set forth in a written Request for Exclusion to the Notice.
9.3 Any request for exclusion must be submitted Settlement Administrator, postmarked no later than the date specified in Response Deadline. The Request for Exclusion must contain the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s following: full name, signature, address and last four digits of his or her social security number; name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or leasecase number, and (iii) specifically and clearly state his/her/its desire a clear statement that he or she seeks to be excluded from the Settlement. The Settlement Administrator shall immediately send all Requests for Exclusion to Defendants counsel and from the Class.
9.5 Failure Class Counsel. A Class Member who fails to comply with these requirements the opt out procedure set forth herein on or before the Response Deadline will not be excluded and will instead be bound by all provisions of the Settlement Agreement and all orders issued pursuant thereto.
11.2 Any Class Member who elects to timely submit opt out of the request for exclusion will result Class in the Class Member being manner and within the time limits specified above (1) will not have any rights under the Settlement Agreement; (2) will not be entitled to receive any compensation under the Settlement Agreement; (3) will not have standing to submit any objection to the Settlement Agreement; and (4) will not be bound by the terms of the Settlement Agreement.
9.6 Any Class Member 11.3 Except for persons who submits a timely request for exclusion may not file an objection elect to opt out of the Settlement in the manner and shall within the time limits specified above, in the Preliminary Approval Order, and in the Class Notice, all Class Members, will be deemed to be within the Settlement Class for all purposes under this Settlement Agreement, will be bound by the terms and conditions of this Settlement Agreement (including the release provisions in Section 16 and its subparts), including all orders issued pursuant thereto, and will be deemed to have waived any rights or benefits under all unstated objections and opposition to the fairness, reasonableness, and adequacy of this Settlement Agreement, and any of its terms.
9.7 The Settlement Administrator shall report 11.4 PAGA Members may not request exclusion from either (1) the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification release of the Class in connection with PAGA claims or (2) payments for the Preliminary Approval release of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtPAGA claims.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions 8.1. Plaintiff shall not submit a Request for Exclusion and neither Plaintiff, Plaintiff’s Counsel, Defendant, Defendant’s Counsel, nor anyone acting on behalf of said persons or entities, shall encourage anyone else to submit a Request for Exclusion. Nevertheless, this section shall apply to Settlement Agreement does not prohibit Plaintiff’s Counsel from counseling any request by a Class Member as to his, her, or its legal rights under this Settlement Agreement or prohibit any Class Member who seeks such counsel from Plaintiff’s Counsel from electing to file a Request for exclusion Exclusion from the Class.
9.2 Any Settlement Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in accordance with the Court’s preliminary approval orderorders on the subject.
9.4 8.2. Any putative Class Member who timely and properly submits a valid Request for Exclusion, as described below, shall have no right to object to the Settlement in any way, including but not limited to, the fairness, reasonableness and/or amount of any aspect of the Settlement, No- xxxx of Settlement, Plaintiff’s Counsel’s request for exclusion shall Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs, a Case Contribution Award, the Allocation Meth- odology, any Plan of Allocation using the Allocation Methodology, or any distribution of the Net Settlement Fund or Residual Unclaimed Funds.
8.3. All Requests for Exclusion must be served on Defendant’s Counsel and Plaintiff’s Counsel by United States Certified Mail, Return Receipt Requested, in compliance with any and all requirements imposed on Requests for Exclusion as contained in the Preliminary Approval Or- der and the Notice of Settlement, in the manner set by the Court at least twenty-one (i21) state calendar days prior to the Final Fairness Hearing, unless such deadline is changed or altered by Order of the Court.
8.4. All Requests for Exclusion must include: (a) the Class Member’s full name and current name, address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or leasetelephone number, and signature; (iiib) specifically and clearly state his/her/its desire a statement that the Class Member wishes to be excluded from the Settlement Class in Xxxxxxx Xxxxxxxxx v. Presidio Petroleum, LLC, and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits (c) a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification description of the Class Member’s interest in connection with any xxxxx for which Defendant remitted oil-and-gas proceeds, including the Preliminary Approval of this agreementname, Co-Lead Class Counsel agree to seek well number, county in which the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel well is located, and the Courtowner identification number. Requests for Exclusion may not be submitted through the website or by telephone, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Courtfac- simile or e-mail.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 1. Any Settlement Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt opt-out”) from this agreementthe Settlement Class. A Settlement Class Member who requests to opt-out of the Settlement Class must do so no later than forty-five (45) calendar days after the Notice Date (the “Opt-Out Deadline”). In order to opt-out, a Settlement Class Member must complete and mail to the Claims Administrator a Request for Exclusion that is postmarked no later than the Opt-Out Deadline.
9.9 Upon certification 2. Requests for Exclusion that are postmarked after the Opt-Out Deadline will be considered invalid and of no effect, and the Person who untimely or improperly submits a Request for Exclusion will remain a Settlement Class Member and will be bound by any Orders entered by the Court, including the Final Judgment and Order Approving Settlement and the Release contemplated thereby. Except for those Persons who have properly and timely submitted Requests for Exclusion, all Settlement Class Members will be bound by this Agreement and the Final Judgment and Order Approving Settlement, including the Release contained herein, regardless of whether they submit a Claim or receive any monetary compensation.
3. Any Person who timely and properly submits a Request for Exclusion shall not: (a) be bound by any orders or the Final Judgment and Order Approving Settlement nor by the Release contained herein; (b) be entitled to any relief under this Agreement; (c) gain any rights by virtue of this Agreement; or (d) be entitled to object to any aspect of this Agreement.
4. Each Person requesting exclusion from the Settlement Class must personally sign his or her own individual Request for Exclusion. No Person may opt-out of the Settlement Class in connection with for any other Person, or be opted-out by any other Person, and no Person shall be deemed opted out of the Preliminary Approval of this agreement, CoSettlement Class through any purported “mass” or “class” opt-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead outs.
5. The Claims Administrator shall provide Class Counsel and the Court, and Co- Lead Class Defendants’ Counsel agree to abide by that provision as may be required with a final list of timely Requests for Exclusion received by the CourtClaims Administrator within five (5) business days after the Opt-Out Deadline.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a 5.2.1 A Settlement Class Member may submit a request for exclusion from (i.e., they may “opt-out” of) the ClassSettlement. A Settlement Class Member who submits a request for exclusion cannot object to the Settlement and cannot receive a Settlement Payment under the Settlement.
9.2 Any 5.2.2 To validly request exclusion from the Settlement Class, a member of the Settlement Class must mail the Settlement Administrator a written request to opt out, postmarked by the Objection and Opt-Out Deadline and stating, “I wish to exclude myself from the Settlement Class in the SunPower Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class Member’s printed name. The request for exclusion must contain the actual written signature of the Settlement Class Member seeking exclusion. No Settlement Class Member may make opt out by a request for exclusion signed by an actual or purported agent or attorney acting on behalf of the Settlement Class Member or a group of Settlement Class Members. Requests for exclusion cannot be made on an aggregated, group or class basis.
5.2.3 Any Settlement Class Member who does not submit a valid and timely written request for exclusion as provided herein shall be bound by this Settlement Agreement, the releases herein, as well as all subsequent proceedings, orders, and judgments in this Litigation.
5.2.4 A member of the Settlement Class who opts out can, on or before the date of the Final Approval Hearing, withdraw their request for exclusion by submitting such a written or emailed request in writing as set forth in to the Notice.
9.3 Any Settlement Administrator stating their desire to revoke their request for exclusion must and containing their actual written signature or electronic signature.
5.2.5 Any statement or submission purporting or appearing to be submitted no both an objection and opt-out shall be treated as a request for exclusion.
5.2.6 No later than one week after the date specified in Objection and Opt-Out Deadline, the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion provide to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and Counsel for SunPower a complete list of opt-outs, together with copies of the Courtopt-out requests and any other related information, and Co- Lead Class Counsel agree including such information to abide by that provision as may be required by allow SunPower to identify the Courtindividual in its records.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions 8.1. Plaintiff shall not submit a Request for Exclusion and neither Plaintiff, Plaintiff’s Counsel, Defendants, Defendants’ Counsel, nor anyone acting on behalf of said persons or entities, shall encourage or communicate with anyone else regarding submission of a Request for Exclu- sion. Nevertheless, this section shall apply to Settlement Agreement does not prohibit Plaintiff’s Counsel from counsel- ing any request by a Class Member as to his, her, or its legal rights under this Settlement Agreement or prohibit any Class Member who seeks such counsel from Plaintiff’s Counsel from electing to file a Request for exclusion Exclusion from the ClassSettlement Class in accordance with the Court’s orders on the subject.
9.2 8.2. Any Class Member may make who timely and properly submits a request valid Request for exclusion Exclusion, as described below, shall have no right to object to the Settlement in any way, including but not limited to, the fairness, reasonableness, and/or amount of any aspect of the Settlement, Notice of Settlement, Plaintiff’s Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs, a Case Contribution Award, the Allocation Methodology, any Plan of Alloca- tion using the Allocation Methodology, or any distribution of the Net Settlement Fund, the PetroQuest Settlement Funds, or Residual Unclaimed Funds.
8.3. All Requests for Exclusion must be served on Defendants’ Counsel, Plaintiff’s Counsel, and the Settlement Administrator by submitting such request United States Certified Mail, Return Receipt Re- quested, in writing compliance with any and all requirements imposed on Requests for Exclusion as set forth con- tained in the NoticePreliminary Approval Order and the Notice of Settlement, in the manner set by the Court at least twenty-one (21) calendar days prior to the Final Fairness Hearing, unless such dead- line is changed or altered by Order of the Court.
9.3 Any request 8.4. All Requests for exclusion Exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall include: (ia) state the Class Member’s full name and current name, address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or leasetelephone number, and notarized signature; (iiib) specifically and clearly state his/her/its desire a statement that the Class Member wishes to be excluded from the Settlement Class in Xxxx v. Trinity Operating (USG), LLC, et al., and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits (c) a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification description of the Class Member’s interest in connection with any xxxxx for which Defendants and/or PetroQuest remitted oil-and-gas proceeds, including the Preliminary Approval of this agreementname, Co-Lead Class Counsel agree to seek well number, county in which the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel well is lo- cated, and the Courtowner identification number. Requests for Exclusion may not be submitted through the website or by telephone, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Courtfacsimile or e-mail.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 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 forty-five (45) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline"). In the event fifteen percent (15%) or more of the Settlement Class opts-out of the Settlement, Defendant will have the right to rescind and terminate the settlement without prejudice to its pre-settlement position and defenses in the Action. In such an event, Defendant will be responsible for all settlement administration costs incurred and the parties shall return to the status quo as if this settlement was never entered into.
i. The provisions Notice Packet shall state that Settlement Class members who wish to exclude themselves from the settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion: (1) must contain the name, address, telephone number and the last four digits of this section shall apply the Social Security number of the Settlement Class member, (2) contain a statement that the Settlement Class member wishes to any request be excluded from the Settlement; (3) must be signed by a the Settlement Class Member member; and (4) must be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Class.
9.2 Any Class Member may make this settlement, except a request Request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Exclusion not containing a Class Member’s full name and current address, (ii) provide telephone number and/or last four digits of the model year and Vehicle Identification Number (“VIN”) Social Security number will be deemed valid. The date of his/her/its the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being not be bound by the terms of the Settlement Agreementsettlement or have any right to object, appeal or comment thereon.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 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").
i. The provisions Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of this section shall apply the Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to any request be excluded from the Settlement; (3) be signed by a the Settlement Class Member member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Class.
9.2 Any Class Member may make Settlement, except a request Request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Exclusion not containing a Class Member’s full name and current addresstelephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Unless otherwise provided for in this Settlement Agreement, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its any Settlement Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being not be bound by the terms of the Settlement Agreementor have any right to object, appeal or comment thereon.
9.6 Any Class Member ii. The Parties agree there is no statutory or other right for any Aggrieved Employee to opt out or otherwise exclude himself or herself from the PAGA portion of the Settlement. An Aggrieved Employee who submits a valid and timely request Request for exclusion may not file an objection Exclusion shall still receive his or her proportionate share of the PAGA Amount and be bound by the PAGA Release.
iii. At no time will the Parties or their counsel seek to solicit or otherwise encourage any Settlement Class member to object to the Settlement and shall be deemed or opt-out of the Settlement Class or encourage any Settlement Class member to have waived any rights or benefits under this Settlement Agreementappeal from the final judgment.
9.7 iv. The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead provide Class Counsel and the Court, and Co- Lead Class Counsel agree Defendant’s counsel with weekly reports as to abide by that provision as may be required by the Courtany Requests for Exclusion.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 A. Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire who wishes to be excluded from the Class must mail a written request for exclusion to the Settlement Notice Administrator at the address provided in the Long Form Notice, specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Order. The written request must include:
1. The name of the Action;
2. The excluding Class Member’s full name, current residential address, mailing address (if different), telephone number, and e-mail address;
3. An explanation of the basis upon which the excluding Class Member claims to be a Class Member, including the make, model year, and VIN(s) of the Subject Vehicle(s);
4. A request that the Class Member wants to be excluded from the Class;
5. The excluding Class Member’s dated, handwritten signature (an electronic signature or attorney’s signature is not sufficient).
9.5 Failure B. The Settlement Notice Administrator shall forward copies of any written requests for exclusion to comply Class Counsel and Toyota’s Counsel. A list reflecting all requests for exclusion shall be filed with these requirements and to timely submit the Court by the Settlement Notice Administrator no later than 20 days before the Fairness Hearing. If a potential Class Member files a request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion exclusion, he or she may not file an objection under Section VI, below.
C. Any Class Member who does not file a timely written request for exclusion as provided in this Section V shall be bound by all subsequent proceedings, orders, and judgments, including, but not limited to, the Release, Final Judgment, and Final Order in the Action, even if he, she, or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Action and the Related Action. Toyota’s Counsel shall provide to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basisNotice Administrator, beginning 30 within 20 business days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with entry of the Preliminary Approval Order, a list of this agreement, Coall counsel for anyone who has then-Lead Class Counsel agree pending litigation against Toyota relating to seek in claims involving the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required Subject Vehicles and/or otherwise covered by the CourtRelease.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a 9.1. Putative Settlement Class Member for Members requesting exclusion from the Class.
9.2 Any Settlement Class Member may make a request for exclusion by submitting such request shall be requested to provide the following information to the Claims Administrator in writing as set forth the manner described in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall : (i) state the Class Member’s full name and current address, name; (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and address; (iii) specifically telephone number; (iv) number of shares of Portola common stock purchased or otherwise acquired during the Settlement Class Period; (v) the date of each such purchase or acquisition and clearly state his/her/its desire the price or other consideration paid; (vi) the date of each sale or other disposal of any share of Portola common stock during the Settlement Class Period and the price or other consideration received; (vii) the number of shares of Portola common stock held immediately before the commencement of the Settlement Class Period; and (viii) a statement that the Person or entity wishes to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the . Any request for exclusion will result must also be signed by the Person or entity requesting exclusion.
9.2. All Persons who submit valid and timely requests for exclusion in the manner set forth in the Notice that is approved by the Court shall have no rights under the Stipulation, shall not share in the distribution of the Net Settlement Fund, and shall not be bound by the Stipulation or any final Judgment. Unless otherwise ordered by the Court, any Settlement Class Member being who does not submit a timely written request for exclusion as provided by this section shall be bound by the terms of this Stipulation including, without limitation, all of the Settlement Agreement.
9.6 Any Class Member who submits a timely request releases provided for herein. The deadline for submitting requests for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved set by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree but shall be no later than twenty-one (21) calendar days prior to abide the Final Approval Hearing, or as the Court may otherwise direct. Exclusion requests may not be submitted by that provision as may be required e-mail, unless otherwise ordered by the Court.
9.3. Copies of all requests for exclusion received by Lead Counsel, together with copies of all written revocations of requests for exclusion, shall be delivered to Defendants’ Counsel within three (3) business days of receipt by Lead Counsel but, with respect to timely requests for exclusion, in no event later than seventeen (17) calendar days before the Final Approval Hearing.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 8.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the ClassSettlement Classes.
9.2 8.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 8.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval orderPreliminary Approval Order.
9.4 8.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, address and (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the ClassSettlement Classes.
9.5 8.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 8.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 8.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 within 10 days after of the Notice Datedeadline for doing so set forth in the Court’s Preliminary Approval Order.
9.8 Co-Lead 8.8 Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreementSettlement Agreement.
9.9 8.9 Upon certification of the Class Settlement Classes in connection with the Preliminary Approval of this agreementSettlement Agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Settlement Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions 8.1 Plaintiff shall not submit a Request for Exclusion and neither Plaintiff, Plaintiff’s Counsel, Defendant, Defendant’s Counsel, nor anyone acting on behalf of said persons or entities, shall encourage anyone else to submit a Request for Exclusion. Nevertheless, this section shall apply to Settlement Agreement does not prohibit Plaintiff’s Counsel from counseling any request by a Class Member as to his, her, or its legal rights under this Settlement Agreement or prohibit any Class Member who seeks such counsel from electing to file a Request for exclusion Exclusion from the Class.
9.2 Any Settlement Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in accordance with the Court’s preliminary approval orderorders on the subject.
9.4 8.2 Any putative Class Member who timely and properly submits a valid Request for Exclusion, as described below, shall have no right to object to the Settlement in any way, including but not limited to, the fairness, reasonableness and/or amount of any aspect of the Settlement, Notice of Settlement, Plaintiff’s Counsel’s request for exclusion shall Plaintiff’s Attorneys’ Fees and Litigation Expenses, Case Contribution Award, the Allocation Methodology, any Plan of Allocation using the Allocation Methodology, or any distribution or refund of the Net Settlement Fund or Residual Unclaimed Funds.
8.3 All Requests for Exclusion must be served on Defendant’s Counsel, Plaintiff’s Counsel, and the Settlement Administrator by United States Certified Mail, Return Receipt Requested, on such terms that will be contained in the Preliminary Approval Order and the Notice of Settlement, in the manner set by the Court at least 14 calendar days prior to the Final Fairness Hearing, unless such deadline is changed or altered by order of the Court.
8.4 All Requests for Exclusion must include: (ia) state the Class Member’s full name and current name, address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or leasetelephone number, and notarized signature; (iiib) specifically and clearly state his/her/its desire a statement that the Class Member wishes to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.XxXxxxxxxx v.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Settlement Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion Opt-Out. A Settlement Class Member who wishes to Opt-Out must be submitted do so no later than the date specified in Opt-Out Deadline. In order to Opt-Out, a Settlement Class Member must mail to the CourtSettlement 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 preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current name, address, (ii) provide the model year and Vehicle Identification Number (Electronically Filed - Xxxxxx - September 21, 2022 - 02:15 PM words “VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire I wish to be excluded from the Xxxxxx-Xxxxxxxx x. Xxxxxx Laboratories Class Action,” and 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 Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Settlement Class Member being bound by the terms must personally sign his/her own individual Opt-Out request. No Person may Opt-Out of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement by any other Person, and no Person shall be deemed to have waived Opted-Out of the Settlement Class through any rights purported “mass” or benefits under this Settlement Agreement.
9.7 “class” Opt-Outs. The Settlement Administrator shall report provide Class Counsel and Defendant’s Counsel with a final list of timely Opt-Out requests received by the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 Settlement Administrator within five (5) business days after the Notice Date.
9.8 CoOpt-Lead Class Counsel represent Out Deadline. In the event that a Person submits an Opt-Out and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, solicitingan Objection, or encouraging any Class Members to request presents a submission that is otherwise unclear on its face, as determined by the Settlement Administrator, the submission shall be interpreted to be excluded (or “opt out”) from this agreement.
9.9 Upon certification an Opt-Out. Electronically Filed - Xxxxxx - September 21, 2022 - 02:15 PM In the event that the greater of 2% of the Class in connection with total number of Valid Claims or more than five- thousand (5,000) Persons submit timely and valid Opt-Out requests, Xxxxxx shall have the Preliminary Approval of this agreement, Co-Lead Class Counsel agree right to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to terminate this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtSettlement.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 A. Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire who wishes to be excluded from the Settlement and Class must: (1) mail a written request for exclusion to the Claims Administrator at the address provided in the Long Form Notice, postmarked by the Exclusion Deadline ordered by the Court in the Preliminary Approval Order; or, (2) send a written request for exclusion to the Claims Administrator by e- mail or fax, at the address or numbers provided in the Long Form Notice, before midnight Pacific Time on the Exclusion Deadline, specifying that he or she wants to be excluded from the Class.
9.5 Failure to , not participate in the Settlement and not receive any Settlement benefits, and otherwise comply with these requirements the terms stated in the Long Form Notice and Preliminary Approval Order. The Exclusion Deadline shall be 150 days from the Preliminary Approval Date. The Claims Administrator shall forward copies of any written requests for exclusion to timely submit Class Counsel and Defendants’ Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Claims Administrator, via declaration, no later than 14 days before the Fairness Hearing. If a potential Class Member files a request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion exclusion, he or she may not file an objection under Section V. If any Class Member files a timely request for exclusion, he/she will not be a member of the Settlement Class, will not release any Claims pursuant to this Settlement or be subject to the Settlement Release, and shall be deemed to have waived any rights or benefits under this Settlement Agreementwill reserve all Claims he/she may have.
9.7 The B. Any potential Settlement Administrator shall report the names of all Class Members Member who have submitted does not file a timely written request for exclusion as provided in Section IV shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Order and Final Judgment in the Action. The foregoing sentence, however, does not apply to the Parties on a weekly basis, beginning 30 days after Reserved Claims which are not subject to the Notice DateRelease.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 1. The provisions of this section Section shall apply to any request by a Class Member for exclusion from the Class.
9.2 2. Any Class Member may make a request for exclusion by submitting such request in writing (by U.S. mail or email) as set forth in the NoticeClass notice.
9.3 3. Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval orderPreliminary Approval Order.
9.4 4. Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement settlement and from the Class.
9.5 5. Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement.
9.6 6. Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator 7. HMA shall report the names of all Class Members who have submitted a request for exclusion to the Parties Class Counsel on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead 8. Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreementAgreement.
9.9 9. Upon certification of the Class in connection with the Preliminary Approval of this agreementAgreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications made by attorneys other than Class Counsel to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Settlement Class Member may make a Opt-Out or request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the . A Settlement Class Member being bound by the terms who wishes to Opt-Out of the Settlement Agreement.
9.6 Any Class must do so no later than sixty (60) calendar days after the Notice Date (the “Opt-Out Deadline”). In order to Opt-Out, a Settlement Class Member who submits a timely request for exclusion may not file an objection 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 Class Member’s name, address, the words “I wish to be excluded from the Xxxxxxxx v. Taste of Nature Class Action,” and the Class Member’s signature. Opt-Out Requests that are received after the Opt-Out Deadline will be considered invalid and of no effect, and the Person who untimely submits an 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. Electronically Filed - Xxxxxx - June 15, 2018 - 02:02 PM 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 or her own individual Opt-Out request. No Person may Opt-Out of the Settlement Class, be Opted- Out by any other Person, and no Person shall be deemed to have waived Opted-Out of the Settlement Class through any rights purported “mass” or benefits under this Settlement Agreement.
9.7 “class” Opt-Outs. The Settlement Administrator shall report provide Class Counsel and Defendant’s Counsel with a final list of timely Opt-Out requests by the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 Settlement Administrator within five (5) business days after the Notice Date.
9.8 CoOpt-Lead Class Counsel represent Out Deadline. In the event that a Person submits an Opt Out and warrant an Objection or presents a submission that they have no other agreements with other counsel respecting Class Membersis otherwise unclear on its face, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request the submission shall be interpreted to be excluded (or “opt out”) from this agreementan Opt Out.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions Except with respect to the settlement of this section shall apply to the PAGA Released Claims, any request by a Settlement Class Member who wishes to opt-out of the Settlement must complete and mail a written Request for Exclusion (defined below) to the Settlement Administrator, postmarked within sixty (60) calendar days
i. The Notice Packet shall state that Settlement Class Members who wish to exclude themselves from the Settlement must submit a written Request for Exclusion by the Response Deadline. The Request for Exclusion must:
(1) contain the name, address, telephone number and the last four digits of the Social Security number of the Settlement Class Member; (2) contain a statement that the Settlement Class Member wishes to be excluded from the Settlement; (3) be signed by the Settlement Class Member; name and number; and (5) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(4) and/or is not timely submitted, it will not be deemed valid for exclusion from the Class.
9.2 Settlement. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member may make who submits a valid request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and Class will not be entitled to any recovery under this Settlement Agreement (except for any payment from the Class.
9.5 Failure to comply with these requirements PAGA Amount, if applicable) and to timely submit the request for exclusion will result in the Class Member being not be bound by the terms of the Settlement Agreement(except for terms related to the PAGA portion of the Settlement) or have any right to object, appeal or comment thereon.
9.6 Any ii. PAGA Aggrieved Employees may not opt-out of the release of PAGA Released Claims (as described in Paragraph 4.B.) and will thus receive payment for their share of the PAGA Amount even if they request exclusion from the Settlement Class and do not receive a class portion of their Individual Settlement Payment.
iii. At no time will the Parties or their counsel seek to solicit or otherwise encourage any Settlement Class Member who submits a timely request for exclusion may not file an objection to object to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Coopt-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification out of the Settlement Class in connection with or encourage any Settlement Class Member to appeal the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Courtfinal judgment.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions 8.1 Plaintiff shall not submit a Request for Exclusion and neither Plaintiff, Plaintiff’s Counsel, Defendant, Defendant’s Counsel, nor anyone acting on behalf of said persons or entities shall encourage anyone else to submit a Request for Exclusion. Nevertheless, this section shall apply Settlement Agreement does not prohibit Plaintiff’s Counsel from counseling any member of the Settlement Class as to his, her, or its legal rights or prohibit any request by member of the Settlement Class who seeks such counsel from electing to file a Request for Exclusion from the Settlement Class in accordance with the Court’s orders on the subject.
8.2 Any member of the Settlement Class who timely and properly submits a valid Request for Exclusion (a member of the Settlement Class may opt out individually and on its own behalf only, and not as or on behalf of a class, subclass, proposed class, or otherwise on behalf of any others whatsoever), as described below, shall, as provided in Section 1.6 above, not be considered a Class Member and shall have no right to object to or attack the Settlement in any way, including but not limited to, objecting to the fairness, reasonableness and/or amount of any aspect of the Settlement, Notice of Settlement or due process, Plaintiff’s Counsel’s request for exclusion from Plaintiff’s Attorneys’ Fees and Litigation Expenses, Case Contribution Award, the ClassAllocation Methodology or any Plan of Allocation using the Allocation Methodology, or any distribution of the Net Settlement Fund.
9.2 Any Class Member may make a request 8.3 All Requests for exclusion Exclusion must be mailed to the Settlement Administrator by submitting such request in writing as set forth United States Certified Mail, return receipt requested, using the addresses for the Settlement Administrator shown in the Notice.
9.3 Any request for exclusion must Notices that will be submitted no later than mailed to members of the date Settlement Class, and published in certain newspapers, so as to be received by the deadline that will be specified in the Notice forms, unless such deadline is changed or altered by order of the Court. The Settlement Administrator will in turn promptly email each Request for Exclusion it receives to Plaintiff’s preliminary approval orderCounsel and Defendant’s Counsel, using email addresses each set of counsel will provide to the Settlement Administrator.
9.4 Any request 8.4 All Requests for exclusion shall Exclusion must include: (ia) state the name, address, telephone number, and notarized signature of the putative Class Member’s full name and current address, ; (iib) provide a statement that the model year and Vehicle Identification Number (“VIN”) of his/her/its putative Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire Member wishes to be excluded from the Settlement Class in Xxxxx x. BP, Case No. 16- CV-00410-RAW (E.D. Okla.); and (c) a description of the putative Class Member’s interest in any Oklahoma xxxxx where Defendant, including its predecessors or affiliates, is or was the operator or, as a non-operator, Defendant separately marketed gas, including the well name, well number, county in which the well is located, and the owner identification number. Requests for Exclusion may not be submitted through the website or by telephone, facsimile, or e-mail.
8.5 A Request for Exclusion shall become effective to exclude the party filing the request from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Settlement Class Member being bound only upon entry by the terms Court of the Settlement AgreementJudgment.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions Any Settlement Class Member other than Plaintiff 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"). PAGA Employees are not permitted to request exclusion to the PAGA Settlement. By signing this section shall apply Settlement Agreement, Plaintiff agrees to be bound by its terms, and further agrees not to request exclusion or object to any request terms of the Settlement.
i. The Notice Packet shall state that Settlement Class Members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of the Social Security number of the Settlement Class Member; (2) contain a statement that the Settlement Class Member for exclusion from the Class.
9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire wishes to be excluded from the Settlement and from should state something to the Classeffect of: “I WISH TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN THE XXXXXX X. XXXXXX FARM LAWSUIT. I UNDERSTAND THAT IF I ASK TO BE EXCLUDED FROM THE SETTLEMENT CLASS, I WILL NOT RECEIVE ANY MONEY FROM THE CLASS SETTLEMENT OF THIS LAWSUIT.
9.5 Failure ”; (3) be signed by the Settlement Class Member; and (4) be postmarked by the Response Deadline and mailed to comply with these requirements and to timely submit the request for exclusion will result Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Settlement, except a Request for Exclusion not containing a Class Member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member being who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and will not be bound by the terms of the Settlement Agreementor have any right to object, appeal or comment thereon.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 ii. The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead provide Class Counsel and the Court, and Co- Lead Class Counsel agree Defendant’s counsel with weekly reports as to abide by that provision as may be required by the Courtany Requests for Exclusion.
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 The provisions of this section shall apply Class Notice also will provide that Class Members who wish to any request by a Class Member for exclusion exclude themselves from the Class.
9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in Settlement must mail to the Notice.
9.3 Any request for exclusion must be submitted Administrator postmarked, no later than the date specified Response Deadline, a signed letter setting forth their name and a statement that they request exclusion from the class and do not wish to participate in the Court’s preliminary approval order.
9.4 Any request settlement. To be valid, a Request for exclusion shall (i) state Exclusion must be timely and must comply with the instructions in the Class Notice. If a question is raised about the authenticity of a signed Request for Exclusion, the Administrator will have the right to demand additional proof of the Class Member’s full name identity. The Parties acknowledge and current addressagree that for purposes of the PAGA and Judgment, all Aggrieved Employees were allegedly aggrieved in the same manner pursuant to Labor Code section 2698, et. seq., in that each Aggrieved Employee allegedly suffered at least one (ii) provide the model year and Vehicle Identification Number (“VIN”1) of his/her/its the alleged Labor Code violations asserted in the Operative Complaint for which the PAGA provides an available remedy. Considering the binding nature of a PAGA judgment on non-party employees pursuant to Xxxxx v. Superior Ct. (Dairy), 46 Cal. 4th 969, individuals otherwise meeting the definition of Aggrieved Employees who exclude themselves from the class portion of the Settlement shall still be bound by the Judgment of the PAGA claim and will receive their PAGA Share. A Non-Participating Class Vehicle(s) and the approximate date(s) of purchase Member will otherwise not participate in or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from bound by the Settlement and from the Class.
9.5 Failure Judgment. Defendant will remain free to comply with these requirements contest any claim brought by any Class Member that would have been barred by this Agreement, and to nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail a timely submit Request for Exclusion in the request for exclusion will result manner and by the deadline specified above and in the Class Member being Notice will automatically become a Participating Class Member, / / / will receive a Settlement Share without the need to file a claim form, and will be bound by all terms and conditions of the Settlement, including the released claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit a Request for Exclusion shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement except as to the right of any Aggrieved Employee, to the extent required by law, to object to the terms of the Settlement Agreement.
9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval PAGA portion of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the CourtSettlement.
Appears in 1 contract
Requests for Exclusion. 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Settlement Class Member may make a Opt-Out or request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Electronically Filed - Xxxxxx - December 12, 2017 - 12:08 PM Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the . A Settlement Class Member being bound by the terms who wishes to Opt-Out of the Settlement Agreement.
9.6 Any Class must do so no later than sixty (60) calendar days after the Notice Date (the “Opt-Out Deadline”). In order to Opt- Out, a Settlement Class Member who submits a timely request for exclusion may not file an objection must mail to the Settlement Administrator a Request for Exclusion, as identified in Exhibit D, that is postmarked 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 Golden v. ContextLogic Class Action,” and signature. Opt-Out Requests that are postmarked after the Opt-Out Deadline will be considered invalid and of no effect, and the Person who untimely submits an 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 waived Opted-Out of the Settlement Class through any rights purported “mass” or benefits under this Settlement Agreement.
9.7 “class” Opt-Outs. The Settlement Administrator shall report provide Class Counsel and Defendant’s Counsel with a final list of timely Opt-Out requests by the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 Settlement Administrator within five (5) business days after the Notice Date.
9.8 CoOpt-Lead Class Counsel represent Out Deadline. In the event that a Person submits an Opt-Out and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, solicitingan Objection, or encouraging any Class Members to request presents a submission that is otherwise unclear on its face, as determined by the Settlement Administrator, the submission shall be interpreted to be excluded (or “opt out”) from this agreementan Opt-Out.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Requests for Exclusion. 9.1 The provisions A. Class Members may elect to opt out of this section shall apply to any request by a Class Member for exclusion from the Class.
9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Class Member’s full or the Settlement, relinquishing their rights to benefits under this Agreement. Members of the Class who opt out of the Settlement will not release their claims pursuant to this Agreement. Putative Class Members wishing to opt out of the Settlement must send to the Settlement Administrator by U.S. Mail a personally signed letter including the case name and current case number, their name and address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire providing a clear statement communicating that they elect to be excluded from the Settlement and from Class in the Class.
9.5 Failure to comply with these requirements and to timely submit the Action. Any request for exclusion will result or opt-out must be postmarked on or before the opt-out deadline date specified in the Class Member being bound by Preliminary Approval Order, which shall be forty-five (45) calendar days from the terms date of the Settlement Agreement.
9.6 Any Class Member who submits first dissemination of the Notice, or as the Court otherwise may direct. The date of the postmark on the return-mailing envelope shall be the exclusive means used to determine whether a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 has been timely submitted. The Settlement Administrator shall report forward copies of any written requests for exclusion to Class Counsel and Inventure’s Counsel. The Settlement Administrator shall provide the names Parties’ respective counsel with a list reflecting all requests for exclusion no later than fourteen (14) calendar days after the objection deadline date.
B. Any potential Class Member who does not file a timely and proper written request for exclusion as provided in the preceding Section VI.A shall be bound by all subsequent proceedings, orders, and judgments, including, but not limited to, the Release, in the Action, even if he or she has litigation pending or subsequently initiates litigation against Inventure relating to the claims and transactions released in the Action. Inventure’s willingness to enter into this Agreement is conditioned upon this Agreement providing adequate protections that it will resolve all or substantially all of all the Class Members’ claims against Inventure. Inventure retains the right to withdraw from this Agreement if the number of Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Co-Lead Class Counsel represent properly and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to timely exercise their rights under this Agreement to be reviewed and approved by Co-Lead exclude themselves from the Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.exceeds two
Appears in 1 contract
Samples: Settlement Agreement
Requests for Exclusion. 9.1 Any Settlement Class member who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion Form, a proposed draft of which is attached hereto as Exhibit D (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").
i. The provisions Notice Packet shall state that Settlement Class members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name, address, telephone number and the last four digits of this section shall apply the Social Security number of the Settlement Class member; (2) contain a statement that the Settlement Class member wishes to any request be excluded from the Settlement; (3) be signed by a the Settlement Class Member member; and (4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Notice. If the Request for Exclusion does not contain the information listed in (1)-(3), it will not be deemed valid for exclusion from the Class.
9.2 Any Class Member may make Settlement, except a request Request for exclusion by submitting such request in writing as set forth in the Notice.
9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order.
9.4 Any request for exclusion shall (i) state the Exclusion not containing a Class Member’s full name and current addresstelephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Unless otherwise provided for in this Settlement Agreement, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its any Settlement Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire member who requests to be excluded from the Settlement Class will not be entitled to any recovery under this Settlement Agreement and from the Class.
9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being not be bound by the terms of the Settlement Agreementor have any right to object, appeal or comment thereon.
9.6 Any Class Member ii. The Parties agree there is no statutory or other right for any PAGA Employees to opt out or otherwise exclude himself or herself from the PAGA portion of the Settlement. A PAGA Employee who submits a valid and timely request Request for exclusion may not file an objection Exclusion shall still receive his or her proportionate share of the PAGA Amount and be bound by the PAGA Release.
iii. At no time will the Parties or their counsel seek to solicit or otherwise encourage any Settlement Class member to object to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date.
9.8 Coopt-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement.
9.9 Upon certification out of the Settlement Class in connection with the Preliminary Approval of this agreement, Co-Lead or encourage any Settlement Class Counsel agree member to seek in the Preliminary Approval Order appeal from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Courtfinal judgment.
Appears in 1 contract
Samples: Settlement Agreement