Common use of Requests for Exclusion Clause in Contracts

Requests for Exclusion. 10.1 A person within the Settlement Class who wishes to opt out of the Settlement Class must do so in writing. Any Class Member who does not opt out of the Settlement Class in the xxxxxx described herein shall be deemed to be a Class Member and shall be bound by all proceedings, orders, and judgments. 10.2 In order to opt out, a person within the Settlement Class must complete and send to the Administrator, at the address listed in the Mail Notice and on the Settlement website, a request for exclusion postmarked no later than the opt out deadline of thirty (30) days before the Final Approval Hearing, as identified in the Preliminary Approval Order. The request for exclusion must: (a) identify the case name; (b) identify the name and address of the Class Member; (c) be personally signed by the Class Member requesting exclusion; and (d) state a desire to be excluded from the Settlement Class, such as “I hereby request to be excluded from the proposed Settlement Class in the Xxxxxxx Class Action.” Persons must request exclusion individually, and mass or class opt outs are prohibited. 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 Released Persons, or (b) is or becomes a putative or actual class member in any other class action filed against any of the Released Persons. The Administrator shall provide Class Counsel and Defendants’ Counsel a list of all timely requests for exclusion not less than ten (10) days before the Final Approval Hearing. 10.4 Any Class Member who timely and properly opts out of the Settlement Class shall not: (a) be bound by any orders or judgments relating to the Settlement; (b) be entitled to relief under or be affected by the Agreement; (c) gain any rights by virtue of the Agreement; or (d) be entitled to object to any aspect of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

AutoNDA by SimpleDocs

Requests for Exclusion. 10.1 a. A person within Settlement Class Member may submit a Request for Exclusion from (i.e., they may “opt-out” of) the Settlement pursuant to Rule 23(c)(2)(B)(v) of the Federal Rules of Civil Procedure. A Settlement Class Member who wishes submits a Request for Exclusion cannot object to opt out the Settlement and is not eligible to receive any payment or other relief under the Settlement. b. To validly request exclusion from the Settlement Class, a member of the Settlement Class must do 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 LG Refrigerator Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class Member’s printed name, address, telephone number, and email address. The Request for Exclusion must contain the actual written signature of the Settlement Class Member seeking exclusion. c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same Covered Model may opt out using the same form, so in writing. long as it is signed by each joint owner. d. The Settlement Administrator will provide copies of all Requests for Exclusion to Co-Lead Class Counsel and Counsel for LG on a weekly basis. e. Any Settlement Class Member who does not opt out of the Settlement Class in the xxxxxx described submit a valid and timely written Request for Exclusion as provided herein shall be deemed to be a Class Member and shall be bound by all subsequent proceedings, ordersorders and judgments in this Litigation, and judgments. 10.2 In order to opt out, a person within the Settlement Class must complete and send including but not limited to the Administrator, at the address listed in the Mail Notice Release and on the Settlement website, a request for exclusion postmarked no later than the opt out deadline of thirty (30) days before the Final Approval Hearing, as identified in the Preliminary Approval Order. The request for exclusion must: (a) identify the case name; (b) identify the name Order and address of the Class Member; (c) be personally signed by the Class Member requesting exclusion; and (d) state a desire to be excluded from the Settlement Class, such as “I hereby request to be excluded from the proposed Settlement Class in the Xxxxxxx Class Action.” Persons must request exclusion individually, and mass or class opt outs are prohibited. 10.3 A Class Member who desires to opt out must take timely affirmative written action pursuant to Section 10.2Judgment, even if the such Settlement Class Member desiring to opt out (a) files has litigation pending, or has filed a separate action subsequently initiates litigation, against any of Released Party relating to the Released Persons, or (b) is or becomes a putative or actual class member in any other class action filed against any of the Released Persons. The Administrator shall provide Class Counsel and Defendants’ Counsel a list of all timely requests for exclusion not less than ten (10) days before the Final Approval HearingClaims. 10.4 Any Class Member who timely and properly opts out f. A member of the Settlement Class shall not: (a) be bound who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by any orders submitting a written or judgments relating emailed request to the Settlement; Settlement Administrator stating their desire to revoke their Request for Exclusion and containing their actual written signature or electronic signature. g. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. h. No later than seven (b7) be entitled days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to relief under or be affected by the Agreement; (c) gain any rights by virtue Co-Lead Class Counsel and LG a complete list of opt- outs, together with copies of the Agreement; or (d) be entitled to object to opt-out requests and any aspect of the Settlementother related information.

Appears in 1 contract

Samples: Settlement Agreement

Requests for Exclusion. 10.1 A person within the Settlement Class who wishes to opt out of the Settlement Class must do so in writing. Any Class Member who does not opt out of the Settlement Class in the xxxxxx manner described herein shall be deemed to be a Class Member and shall be bound by all proceedings, orders, and judgments. 10.2 In order to opt out, a person within the Settlement Class must complete and send to the Administrator, at the address listed in the Mail Class Notice and on the Settlement website, a request for exclusion postmarked no later than the opt out deadline of thirty (30) days before the Final Approval Hearing, as identified in the Preliminary Approval Order. The request for exclusion must: (a) identify the case name; (b) identify the name and address of the Class Member; (c) be personally signed by the Class Member requesting exclusion; and and, (d) state a desire to be excluded from the Settlement Class, such as “I hereby request to be excluded from the proposed Settlement Class in the Xxxxxxx Frontier Class Action.” Persons must request exclusion individually, and mass or class opt outs are prohibited. 10.3 A Class Member Member, who desires to opt out 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 Released Persons, or (b) is or becomes a putative or actual class member in any other class action filed against any of the Released Persons. The Administrator shall provide Class Counsel and Defendants’ Frontier’s Counsel a list of all timely requests for exclusion not less than ten (10) days before the Final Approval Hearing.as set forth in this Section 10.4 Any Class Member Member, who timely and properly opts out of the Settlement Class Class, shall not: (a) be bound by any orders or judgments relating to the Settlement; (b) be entitled to relief under or be affected by the Agreement; (c) gain any rights by virtue of the Agreement; or or, (d) be entitled to object to any aspect of the Settlement.

Appears in 1 contract

Samples: Combined Stipulation and Settlement Agreement

AutoNDA by SimpleDocs

Requests for Exclusion. 10.1 A person within the Settlement Class who wishes to opt out of the Settlement Class must do so in writing. Any Class Member who does not opt out of the Settlement Class in the xxxxxx manner described herein shall be deemed to be a Class Member and shall be bound by all proceedings, orders, and judgments. 10.2 In order to opt out, a person within the Settlement Class must complete and send to the Administrator, at the address listed in the Mail Notice and on the Settlement website, a request for exclusion postmarked no later than the opt out deadline of thirty (30) days before the Final Approval Hearing, as identified in the Preliminary Approval Order. The request for exclusion must: (a) identify the case name; (b) identify the name and address of the Class Member; (c) be personally signed by the Class Member requesting exclusion; and (d) state a desire to be excluded from the Settlement Class, such as “I hereby request to be excluded from the proposed Settlement Class in the Xxxxxxx Class ActionClass.” Persons must request exclusion individually, and mass or class opt outs are prohibited. 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 Released Persons, or (b) is or becomes a putative or actual class member in any other class action filed against any of the Released Persons. The Administrator shall provide Class Counsel and Defendants’ Defendant’s Counsel a list of all timely requests for exclusion not less than ten (10) days before the Final Approval Hearing. 10.4 Any Class Member who timely and properly opts out of the Settlement Class shall not: (a) be bound by any orders or judgments relating to the Settlement; (b) be entitled to relief under or be affected by the Agreement; (c) gain any rights by virtue of the AgreementAgreement or the filing of this Action; or (d) be entitled to object to any aspect of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

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